L-1 Visa – The Intra-Company Transfer Visa for USA
The L-1A and L-1B visa classifications are meant for foreign nationals who are being temporarily transferred to their multi-national company’s USA office to occupy managerial posts or positions that require specialized knowledge. Many of these transferees enter the USA to establish a new U.S. office of the foreign company, which is why the L-1 classifications can be considered US business visa pathways.
Those entering USA to set up a new office can stay in the country for one year initially, then extend their stay up to seven years, and subsequently apply for permanent residence or citizenship. Others are granted a stay of three years, which can be extended up to seven years, followed by an application for permanent residence or citizenship.
There are several significant advantages of opting for an L1 Visa:
- Relatively basic eligibility requirements
- No job offer requirement
- Smooth transition to permanent residence
- Through blanket petitions, multiple employees can be transferred to the U.S. office under a single application
- No labour certification requirement, resulting in a shorter application process
- Family members can accompany the applicant under the L-2 classification
- The primary opportunity for people under the L1 business visa USA is to set up a new U.S. office of their foreign company, for business expansion within the United States.
L-1 Visa Types
There are two L-1 US business visa types:
L-1A Visa – for intra-company transferees working in a managerial or executive capacity in a company outside USA.
L-1B Visa – for intra-company transferees working in a role that requires specialized knowledge, in a company outside USA.
L-1 Visa Application Process
The US business visa application procedure for the L-1A and L-1B visas is identical. In both cases, the employer must submit a petition to gain authorization for certain qualified employees to live and work in USA:
Stage 1: The employer must fill and sign Form I-129 (Petition for Non-immigrant Worker) to U.S. Citizenship and Immigration Services (USCIS), and include the filing fee, biometrics (if required) and supporting documents to prove eligibility.
Stage 2: USCIS will process the application and issue a receipt notice of the Form as well as a notification of the employee’s biometric appointment date.
Stage 3: Finally, USCIS will issue a final decision on the visa outcome in writing.
L-1 Visa Eligibility Criteria
The L-1 business visa USA requirements apply to both the employee and the employer:
- The employee must be working in a managerial or executive capacity, or in a position that requires specialized knowledge.
- The U.S. employer should be a subsidiary, affiliate, branch, or parent company of the foreign organization from which the employee is being transferred.
- The employer should be doing business, or will be doing business in USA and at least one more country (either directly or via a subsidiary, affiliate, branch or parent company) – throughout the L-1 visa holder’s stay in the United States.
- The business should be viable, but need not involve international trade.
If the employee is being sent to USA to set up a new office, the employer must also provide evidence of:
- Adequate physical space has been secured for the new office
- The employee has held an executive or managerial position for at least one year continuously, within the three years preceding application
- Within a year of the application being approved, the new U.S. office will support a managerial or executive post.
L-1 Visa Documentation Requirements
Candidates must provide evidence of the following to prove that they meet the US business visa requirements:
- L Classification Supplement of Form I-129
- Maintenance of lawful status by employee (if applicable)
- Qualifying ownership-control relationship between the foreign employer and the U.S. employer.
- Proposed qualifications and duties for the job that the employee will perform
- Proof that the job position is of executive/managerial capacity or requires specialized knowledge
- One-year foreign employment of the beneficiary in an executive/managerial/specialized knowledge role
Additional documents will be required if the candidate is entering USA to establish a new office. This requirement varies, depending on which classification (L-1A or L-1B) the candidate belongs to.
L-1 Visa Processing Time And Fees
The US business visa processing time under L-1 classifications is defined by the Form I-129 processing time. As of May 2020, USCIS required at least two to four months to process an I-129 petition. This duration can vary depending on the caseload and prevalent immigration policies.
The US business visa cost for the L-1 classification comprises the biometrics fee ($85) and the Form I-129 filing fee ($460).
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