The L-1 visa is for temporary intra-company transferees who are either working in executive or managerial positions, or in a position that requires specialised knowledge. Since the L-1 visa only allows temporary residence, it is a ‘non-immigrant’ classification.

This work visa allows U.S. employers to transfer a qualified employee from an affiliated foreign-based office to the U.S office.

It can also permit a foreign company that does not have an affiliated U.S. office to send a qualified employee to the United States, with the intention of establishing a new office in the U.S. These are known as ‘new office’ petitions.

The L-1 visa can also be applicable for Blanket Petitions, which allows some organisations to transfer multiple eligible employees to their U.S. office before filing individual L-1 applications for each employee.

Types of L-1 visas

There are two classifications under the L-1 visa transfer category:

The L-1A visa classification is for employees working in executive or managerial capacity.

The L-1B visa classification is for employees who possess specialised knowledge relevant to the business’ interests.

Executive capacity implies that the employee is capable of making broad decisions without much supervision.

Managerial capacity implies that the employee is capable of supervising other professionals and managing a department/subdivision/function/component of the organisation, or the organisation at large. It could also imply that the employee can manage an essential function at a high scale, without direct supervision.

Specialised knowledge implies that the employee possesses special knowledge regarding the product, service, equipment, management, research, techniques or other business interests – and the application of such knowledge in international markets. It could also imply advanced expertise or knowledge regarding organisational procedures and policies.

L-1 Visa Validity

The L-1 visa duration varies depending on the type and purpose of intra-company transfer.

Employees transferred from a foreign office to an existing affiliated U.S. office are granted the visa for an initial period of three years.

Employees transferred from a foreign company to help establish a new office in the U.S. are granted the visa for an initial period of one year.

The duration of stay can be extended by applying for additional two-year increments. The L-1A visa classification can remain valid until the employee completes seven years in the U.S., while the L-1B visa classification can remain valid until the employee completes five years in the U.S.

Benefits of the L-1 Visa

An array of benefits can be availed by L-1 visa holders:

• The employee can live, work and travel freely in the United States, and gain access to an improved standard of living.
• Family members (spouse, and children under 21 years of age) can accompany the intra-company transferee to U.S. by obtaining the L-2 non-immigrant classification. Approved family members are allowed the same duration of stay as the employee. Qualified dependents may also be authorised to work in the U.S.
• It is possible to upgrade from L-1 visa to green card or permanent resident status, by fulfilling the requirements of the relevant visa pathway.

Eligibility Requirements for the L-1 Visa

Employees/transferees and employers must fulfil the L-1 visa eligibility requirements for the relevant classification.

The transferee must:

• Have been employed by a qualifying organisation (a parent company, branch, subsidiary, or affiliate of the U.S. employer) outside of Canada for at least one continuous year within the three years preceding admission to the U.S.
• Be entering U.S. to serve a branch or qualifying organisation of the employer in a managerial or executive capacity OR in a specialised knowledge capacity.

The employer must:

• Have a relevant connection to the foreign-based qualifying organisation.
• Currently or in the future – be engaged in continuous, regular and systematic provision of goods and/or services through the qualifying organisation. This business should be conducted in the U.S. and at least one other country – directly or via the qualifying organisation – throughout the duration of the employee’s stay in the United States.

‘New Office’ petitioners under the L-1A visa classification must showcase that:

• The employer has already acquired sufficient premises where the new U.S. office will be located.
• The employee worked for the employer in an executive or managerial capacity for at least one continuous year within the three years preceding the filing of the petition.
• The U.S. office that the employee will help establish must support an executive or managerial profile, within one year of the petition being approved.

‘New Office’ petitioners under the L-1B visa classification must showcase that:

• The employer has already acquired sufficient premises where the new U.S. office will be located.
• The employer is financially capable of paying the transferee and commencing business in the U.S.

Applicants for Blanket Petitions have to fulfil a different set of L-1 visa requirements:

• The petitioners and all qualifying organisations should be engaged in commercial trade or services.
• The petitioner’s U.S. office should have been engaged in business for at least one year.
• The petitioner must have at least three domestic and foreign affiliates, branches, and subsidiaries.
• The petitioner and all qualifying organisations should have:
  1. Received 10 or more L-1 approvals within the past 12 months.
  2. U.S. affiliates or subsidiaries that have combined annual sales of $25 million or more.
  3. A U.S. workforce comprising 1,000 employees or more.

Documentation Required

Under the Form I-129 application, certain L-1 visa documents must be provided as initial evidence:

• L Classification Supplement for Form I-129
• Proof of the beneficiary’s lawful status (if applicable)
• Proof of a qualifying relationship (ownership-control) between the U.S employer and foreign-based employer
• A job description containing duties and qualifications
• Proof of the employment being in an executive, managerial or specialised knowledge capacity
• Completed Form I-907 – Request for Premium Processing (if applicable)

Note: There is a distinct set of documents required for new office petitions under L-1A and L-1B visa classifications.

L-1 Visa Application Process

To apply for the L-1 visa for USA from India, aspirants can follow the below-mentioned L-1 visa process.

Step 1: The employer must complete Form I-129 (Petition for Non-immigrant Worker) as well as related supplements, and prepare the supporting documents. These, along with duplicate copies of the form and documents, and the Form I-129 filing fee ($460), must be submitted to the Direct Filing Address.

Step 2: Once the application is processed, U.S Citizenship and Immigration Services (USCIS) will send a receipt notice to the employer, and a notice for the date of the biometrics appointment. An additional L-1 visa cost of biometrics ($85) may apply.

Step 3: The USCIS will send the employer a notice containing the final decision on the visa application.

L-1 Visa Processing Time

The usual processing time for Form I-129 under the L-1 intra-company transfer visa is 6 months. However, processing times may vary.

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