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If you are an employer who has an active office in the U.S. or wants to establish one, the L-1 visa may have the benefits you need to send experienced high-level employees to the U.S. to grow your business. However, like with many other temporary work visas, it has its advantages and disadvantages that may help or hinder your case. Read on to learn the L1a and L1b visa requirements as well as how the benefits apply to your business.
There are several key differences between L-1A and L-1B visas. The L-1A might be better if you are seeking a longer-term validity period (up to seven years with extensions) and can meet the eligibility criteria. Alternatively, the L-1B may be more suitable if you lack managerial, executive, or other high-level capacity experience but have:
Purpose:
Qualifications:
L-1A: to qualify for an L-1A visa, the employee must have worked for the foreign company for a least one continuous year out of the last three before the application was filed in a managerial, executive, or other high-level capacity.
L-1B: The qualifications for an L-1B are similar to the L-1A, in that the employee must have worked for the foreign company for a least one continuous year out of the last three before the application was filed. Must also have specialized knowledge of the company’s processes, products, services, and procedures.
Validity Period:
There are clear similarities and differences between the two visa routes. Both require a qualifying relationship with the foreign company and the U.S. company.
learn which option is better for you, and schedule a consultation with a VisaNation Law Group attorney. Schedule a Consultation
learn which option is better for you, and schedule a consultation with a VisaNation Law Group attorney.
Schedule a Consultation
The L-1 visa is split into two subcategories:
Each has its own requirements and duration of stay. See the section below comparing the differences between L1a and L1b.
When comparing these L-1 visas with many of the other work visa classifications, you will find that, depending on your immigration situation, it has many benefits that the others do not.
Many work visas are available to foreign professionals seeking U.S employment. Many have very steep requirements that are difficult to fulfill.
For example:
The L-1 visa, however, only requires you to be a manager, executive, or specialized employee in a multinational company to be qualified. This opens opportunities for many people who are otherwise ineligible for other work visas.
One of the most difficult aspects of acquiring an H-1B, J-1, or TN visa is finding an entity that is willing to sponsor you for the visa. If you are a qualified L-1 applicant, you are already employed with a U.S. company that will sponsor you.
The L-1 visa is often compared to the H-1B visa due to their similarities. However, they differ largely as there is a strict annual cap on how many H-1B petitions are approved. Annually, a small number of petitions are randomly selected from the pool of submitted petitions, making it very difficult to obtain an H-1B if you are subject to this lottery.
Alternatively, there are no annual visa limits on L-1 visas. Your petition will not be rejected due to a lack of visa availability.
For the L-1A visa, holders are granted an initial three years of stay in the U.S. They can then extend their stay to a maximum of seven years, which surpasses the H-1B’s maximum of six years and the J-1’s maximum of five years.
However, the L-1B visa can only be extended to a maximum of five years, making its period of stay an disadvantage when compared to the L-1A or other work visas.
One of the greatest L-1 visa benefits is that you do not need a degree to qualify. This is a large advantage over the H-1B, though some other visas do not necessarily require an education. These include:
If you are in the U.S. on L-1 status, you can bring your spouse and children along with you through the L2 visa, and the validity period is the same as that of the L-1 visa holder. Also, if your spouse qualifies for an Employment Authorization Document, they can work in the U.S. as well.
This is a great L-1 benefit because it allows your spouse to make supplementary income to help support the family if necessary. Only spouses can work on L-2, not children. Parents of L1 visa holders are not eligible for the L2 visa, unfortunately.
Check out this guide on the L-2 Visa Process for Dependents.
Like several other nonimmigrant visas, the L-1 is considered by the USCIS to be “dual intent”, meaning that L-1 holders can pursue lawful permanent resident status during their stay. This is in contrast to work visas such as the J-1 and TN visa classifications, through which pursuing a green card would violate your status and possibly incur consequences with the USCIS.
Here’s a recap of what you can apply for as an L visa holder while physically in the U.S.:
It is a tremendous benefit to be able to apply for permanent residency (while in the U.S. on L1) without facing negative repercussions. Moreover, one advantage over the H-1B is that employers don’t need to prove that the wage meets the prevailing wage of similar domestic workers.
Applicants are not the only ones who can take advantage of the L-1 visa benefits. Employers have much to gain from choosing to use this visa over others.
The first and perhaps greatest L-1 benefit that employers benefit from is the fact that the L-1 Visa has a blanket visa option for companies that have combined U.S. revenue of at least $25 million or have a minimum of 1,000 employees working in the U.S.
An L-1 blanket petition allows employers to file a single petition for multiple employees, meaning that you will not be required to file and pay for a petition for each employee. The blanket petition is invaluable For large companies seeking to transfer many employees to the U.S. on short notice.
Another equally important L-1 benefit is that if a multinational employer does not currently have an office or branch in the U.S., they can send L-1 visa holders to establish a new one.
While there are limitations attached to this process, it is extremely advantageous to establish a new office in the U.S. The Employer can also send L-1 holders to the new office once it has been established.
Even though it is not necessarily a difficult or expensive process, obtaining a Labor Condition Application (LCA) for each H-1B or E3 employee can add expense and time. Fortunately, the L-1 does not require that you obtain this certification when petitioning for an employee transfer.
Wondering what your L1 status is? Give us a call to schedule a consultation!
The L-1A visa is designed for intracompany transferees who work in managerial or executive positions (company outside the U.S.) while the L-1B is for intracompany transferees who work in positions requiring specialized knowledge.
To meet the L1a requirements, you must:
To qualify for an L-1B classification, you must:
Have questions about the L1B or L1A visa requirements? Have your case handled by experienced immigration professionals!
What defines specialized knowledge?
“Specialized knowledge either means knowledge you have about the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. (See 8 CFR 214.2(l)(1)(ii)(D).)”
Unfortunately, all of these L-1 benefits do not come without some drawbacks. Even though the L-1 can be relatively easy to obtain, those same advantages can be considered disadvantages if you are not already employed.
While this was counted as an advantage earlier, it could easily be a disadvantage depending on your situation. If you are not currently employed with a multinational company that is large enough to have an office in the U.S., then this could be a very difficult barrier to overcome. This is especially true since you must work at that company for one full year in the three years that precede your entry into the U.S.
This is one of the biggest L-1 visa restrictions. Even though the L-1A allows a generous seven years, this limit cannot be exceeded for any reason. For other visas, such as the H-1B or J-1, an extension can be acquired past the usual maximum.
There are even some visas, like the O-1 and E-2, that allow for unlimited extensions. However, L-1 holders are only granted one extension after their initial three years. After that, they must either transfer their status or apply for a new L-1 visa.
While other visas, such as the H-1B allow you to be employed with any U.S. employer, the company sponsoring you for an L-1 visa must be a multinational company that either has or is planning to have a branch, subsidiary, or office in the U.S.
This rule usually excludes businesses that are too small to have international branches and small business owners. Make sure to speak with your immigration attorney to determine if your business qualifies for this visa.
Find Out How A Small Business Can Sponsor a Green Card
Another L-1 visa restriction is that visa holders are not permitted to start their own businesses while on L-1 status. To maintain your status, you must only work for your sponsoring employer and no one else, meaning you cannot work part-time for another employer simultaneously. This is in contrast to the H-1B visa, which allows both entrepreneurship and part-time employment.
To get the process started, your employer should:
After USCIS receives your Form I-129 and they process it, you will receive a receipt notice confirming they received it, a biometric service notice, a notice to appear for an interview (if necessary) and then a notice of their decision. You can check the status of your case using the USCIS online account.
Now that you are aware of the L1A and L1B visa requirements and advantages and disadvantages that the L-1 visa has compared to other work visas, you may still be wondering if it is the right choice for your case. Retaining the help of a qualified immigration attorney can help you decide how you want to proceed.
VisaNation Law Group’s L-1 attorneys are experts in helping employers petition as well as supporting beneficiaries through the L-1 process. We will guide you through each step and make sure that your petition has the best chance for approval by making sure that all issues and errors are addressed.
To get in touch, complete this simple contact form and schedule a consultation today.
