L-1 Visa: a Complete Guide for Companies and Foreign Workers

What is The L-1 Visa?

The L-1 visa (Intracompany Transferee Visa) allows multinational companies to transfer specific employees from a qualified foreign office to the U.S. to continue employment. This is extremely helpful for companies conducting business in both the United States and foreign countries, in situations where the skills of those employees are needed in the United States.

In this video, attorney Katiana Quindemil provides a comprehensive overview of the L-1 visa:

Types of L-1 Visas

L-1 visas are only available for two types of employees.

• L-1A for Executives and Managers: These are employees who have significant decision-making or supervisory functions.
• L-1B for Employees with Specialized Knowledge: These are employees with specialized knowledge of the company’s product, service, research, equipment, techniques, management, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

What Are the Eligibility Requirements for the L-1 Visa?

To be eligible for an L-1 visa, the employee and company must meet specific criteria:

Employee Eligibility

To qualify for the L-1, the employee must have worked for the foreign business for at least one continuous year during the preceding three years.

Additionally, there are specific requirements for the L-1A and L-1B:

• For the L1-A, the employee must either have executive capacity or managerial capacity. The employee must either have the ability to make company-wide decisions or supervise the work of others and control operations.
• For the L1-B, the employee must possess specialized knowledge or expertise of an advanced nature that is essential to the operations of the company.

Employer Eligibility

To qualify for sponsorship of an L-1 visa, a company must:

1. Provide evidence of a recognized relationship between the business in a foreign country and a business in the United States. This can be a parent, affiliate, subsidiary, or branch relationship.
2. The company must be doing business in the United States and at least one other country, or have plans to do so during the period of the L-1 visa.

How to Apply for the L-1 Visa?

The process for obtaining an L-1 visa is relatively simple relative to other visas:

1. The employer must file an I-129 form with the United States Citizenship and Immigration Service, along with supporting documentation proving the company and the employee’s eligibility for an L-1 visa.
2. If the USCIS approves the application, it will issue a Form I-797C, Notice of Action. This will allow the applicant to either apply for a visa at a United States embassy/consulate in their home country if they are outside of the U.S. or apply for a change of status while inside the country.
3. If you are outside the U.S. and need to go through consular processing, then you will need to fill out a DS-160 online visa application and bring the confirmation to the consulate or embassy along with the filing fee. Then you will go through an interview with an immigration officer to verify your eligibility for the L-1 visa.
4. If you pass the interview, you will be issued your L-1 visa and can start working for your employer in the U.S.

Read about the L-1 vs E-3 Visa

What Are the L-1 Visa Required Documents

Several documents must be submitted for an L-1 visa application. Since this is an employment-based visa, the employer and the employee must show relevant documentation during the process. Below, we list the documents needed for the employee, the US petitioning entity, and the Foreign Entity.

Employee Documents Needed for Stamping

As an employee, you will need the following documents for the visa application process and interview

• Valid passport with at least six months left before the expiry date
• 2 passport photos
• DS-160 confirmation if applying from outside the United States.
• Visa interview appointment confirmation letter
• One year’s pay slips from a foreign entity as proof of being employed
• Up-to-date resume and Education documents (degree and transcripts)
• Any relevant training certificates or professional licenses.
• Proof of managerial evidence, such as email communications, performance appraisals done for reporting staff, and contracts executed on behalf of the company.
• A letter from the employer requesting an L-1 visa
• Employment verification letter from the present foreign employer
• Relevant sections of the L1A filed petition with the USCIS provided by the attorney (Form I-129 and L1A support letter)
• For those starting a new office, a business plan.

Qualifying Relationship Documents Between the US and Foreign Entity

• Formation documents (e.g., Articles of Incorporation, Bylaws)
• Proof of ownership (e.g., share/stock certificates, certificate of existence)
• Stock purchase agreements documenting the corporate relationship.

US Petitioning Entity Documents

• Current lease agreement (must verify the company still occupies the space) .
• Color photographs of the foreign company’s interior and exterior (including company logo).
• FEIN IRS issued document
• City occupational licenses or Certificates of Use.
• Organization chart showing the employee’s proposed US position with employees under their supervision, including job titles, degrees, and brief job descriptions.

a) Financial Standing (Last 2 Years)

• Corporate tax returns and annual reports.
• Audited financial statements, balance sheets, and profit-loss statements.
• Bank statements.
• Quarterly Wage Reports ( last 2 quarters)

b) Proof of Active Business (Last 1 Year)

• Payroll records for all employees
• Contracts with clients/vendors and purchase orders
• Invoices (Accounts Receivable/Payable) and Bills of Lading/Customs documents
• Promotional materials (brochures, website printouts, ads)
• Bank statements for the last 3 months

Foreign Entity Documents

• Articles of incorporation
• Bylaws and formation documents
• Tax returns for the last 2 years
• Audited financial statements for the last 2 years
• Recent balance sheet and profit & loss statement
• Bank statements for the last 3 months
• Lease agreement
• Photographs of the business premises
• An organization chart showing the employee’s position and his subordinates. A table detailing the names of his subordinates with their job titles, education degree and brief job description.

What are the L-1 Visa Fees?

Here is a breakdown of the necessary fees associated with obtaining the L-1 visa.

•  I-129 basic filing fee: $1,055.
  • $530 if filing as a Small Employer or Nonprofit
• Premium Processing (optional): $2,805
• Asylum Program Fee: $600
  • $0 if you are filing as a nonprofit
  • $300 if you are filing as a small employer
• Anti-Fraud Fee: $500
• Public Law 114-115 Fee: $4,500.
• This fee is paid by the employer if they have more than 50 employees with over half under L-1A, L-1B, or H-1B status.
• DS-160 Application Fee: $205. This fee is the responsibility of the beneficiary.
  • for consular processing only

What Are VisaNation Law Firm’s L-1 Visa Fees?

$,4750

What is The L-1 Visa Processing Time?

L-1 processing time generally takes three to four months based on VisaNation’s research of USCIS median data. Because each USCIS service center that processes petitions has a different workload, the processing time for your I-129 will vary.

For consular processing, the time it takes to schedule an appointment varies depending on the embassy/consulate’s appointment availability. It generally takes 15 days to 2 months, based on the Department of State’s current global visa wait times

Because the L-1A and L-1B both require the I-129 petition, there is no difference in the processing times between the two petitions.

Is Premium Processing Available for the L-1 Visa?

Yes, premium processing can reduce the L-1 processing time to just 15 business days. If the USCIS fails to process your petition in the allotted time, then your employer will have their fee refunded.

While premium processing does not ensure that your petition will be approved, it may be a convenient tool to use if you need to enter the U.S. as soon as possible. Speak with your L-1 visa lawyer to learn if this service would work with your case.

What Are the Benefits of the L-1 Visa?

The L-1 visa has several key benefits that set it apart:

1. Spouses and dependents of L-1 visa holders are eligible to receive an L-2 visa. L-2 spouses automatically receive work authorization during their period of stay.
2. The L-1 visa is not subject to numeric limits like the H-1B visa, which requires applicants to go through an annual lottery.
3. Employers can apply for blanket petitions, simplifying the application process when the company needs to petition for many employees.
4. An L-1 visa is renewable for a period of 5 to 7 years.
5. If you are an L-1A holder, you are a prime candidate for an E-B1C green card for managers and executives, which is a great option if lawful permanent residency is your goal.
6. The ability to enter the U.S. with the intention of starting a new office, branch, or affiliate if one does not already exist.

L-1 Blanket Petition

L-1 blanket petitions allow qualified employees to skip the I-129 form and proceed directly to an embassy or consulate for visa processing. To be eligible to receive blanket permission, companies must meet the L-1 general requirements and have at least three or more branches, affiliates, or subsidiaries.

Companies must also either have successfully applied for 10 or more L-1 visas in the previous 12 months, have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million, or employ at least 1,000 people in the United States.

Learn about L-1A Visa to EB-1 Green Card

How to Apply for an L-1 Visa Extension

If you would like to get an L-1 visa extension or renewal, the process shares many steps with the process associated with the original visa. Your employer will need to file a new petition for you before the expiration of the I-94 departure date.

Along with the petition, you will need several documents, including letters of support and details from your employer concerning your position over the past three years of your stay under L-1 status.

Fortunately, if you have spent any time abroad during your stay, you may be able to recapture that time and use it to extend your L-1 visa even further. To do this, you will need to present physical documents as evidence that you left the country (e.g. boarding passes, plane tickets, etc.)

Check out L-1 vs H-1B Visa

Alternatives to the L-1 Visa

There are several alternatives to the L1 if you do not meet the qualifications. Here are some of them below:

• EB-1 Green Card: These are designated for individuals with extraordinary ability in sciences, arts, education, business, or athletics. It is also applicable to outstanding professors or researchers, or managers and executives of multinational companies. In order to qualify for the EB-1A you must be able to provide evidence of extraordinary ability, be reputable in your field and have documented confirmation of the applicant’s achievements, continue to work in the recognized field and have obtained national or international acclaim.
• EB-2 Green Card: These are designated for individuals with exceptional ability in sciences, arts, or business, or those with advanced degrees. It also includes National Interest Waiver petitions for those whose work is deemed to be in the national interest of the United States. The overall EB-2 visa processing time can range from 10 months – 2 years, depending on how long your I-140 takes to process and then when a visa becomes available.
• EB-3 Green Card: This category is for skilled workers, professionals, and other workers with less than two years of experience. It also includes workers with a bachelor’s degree or the equivalent, as well as unskilled workers.
• EB-5 Green Card: This category is for individuals who invest a certain amount of money in a new commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers.
• H-1B Visa: This visa category is for foreign workers in specialty occupations, including but not limited to, scientists, engineers, programmers, and accountants.
• O-1 Visa: This visa category is for individuals with extraordinary ability in sciences, arts, education, business, or athletics, or those with demonstrated extraordinary achievement in the motion picture or television industry.
• TN Visa: This visa category is for Canadian and Mexican citizens who are qualified professionals and are seeking temporary entry into the United States to engage in business activities under the North American Free Trade Agreement (NAFTA).

How to Choose the Best L-1 Visa Lawyer

It’s imperative to your case to have a well-qualified L-1 Visa lawyer by your side to navigate the complexities. Some characteristics to look for when deciding on the right one include:

• Reliability: Are they available to answer your questions by phone or email throughout the process? Check their online reviews to see what others are saying about their experience working with them.
• Personalized approach: Look for a lawyer who takes a personalized approach and has the time to understand your unique situation and goals in order to provide the best possible representation.
• Pricing: Is their pricing structure upfront and transparent?
• Effective Communication: Choose a team that is capable of communicating effectively throughout the process from beginning to end.

Our Experience with L-1 Visas

Our lawyers have extensive experience with obtaining L-1 visas for foreign workers. We pride ourselves on outstanding service and exceptional client care. This is what our leading business immigration lawyer, Shilpa Malik said about our L-1 services:

Assisting my client in obtaining an L-1 visa was a testament to the power of diligent preparation and expertise. From meticulously reviewing documentation to crafting a compelling case, we left no stone unturned in showcasing the value and impact my client’s specialized knowledge would bring to the United States.

Our recent L-1 success story involved a client who approached us with the desire to open a new office for a large overseas agricultural company in South Florida. Despite significant technical challenges that made certain requirements extremely difficult to fulfill, the case was approved. This showcased VisaNation’s ability to meet challenges and provide dedicated professional help even in complex immigration situations.

How VisaNation Can Help

Like with all situations involving the complexities of immigration law, it pays to have an expert on your side. This will help you avoid delays or obstacles that could easily cost you both time and money. To ensure your L-1 visa petition was filed correctly the first time, it’s best to retain an immigration attorney. Similarly, if you’re interested in transitioning from L-1B Visa to Green Card, it’s best to have a professional to guide you through the process.

At VisaNation, we can help you develop a corporate strategy to request and receive blanket L-1 visa petitions. VisaNation Law Group lawyers can also assist with an L-1 visa to an H1B visa change of status.

The VisaNation Law Group L-1 attorneys have extensive experience in applying for EB-1 green cards for L-1A visa holders. Our attorneys can ensure that your extension requests are filed and processed on time and without errors.

We also offer expert reviews of all L-1 visa documentation, so there are no unnecessary delays in processing. Through an optimized application process, we can help you get on the fast track to working in the U.S.