
L1 B visa is a non-immigrant visa designed for temporary intra-company transferees working as senior managers or specialized workers. Under this visa, specialized knowledge workers are transferred from a foreign office to an affiliated office in the United States. L1B visa is also an ideal choice for companies that do not have an office in the U.S to send workers and explore business opportunities in the U.S. The visa holder can establish a new office, making L1 US visa a viable business visa.
If you plan to set up a new visa, then you will have an L1 B visa for one year, whereas intra-company transferees can have this visa for three years initially. One can extend the stay for two years until the beneficiary completes five years in the U.S.
Benefits of Having L1B Visa
Foreign employees and sponsoring employers can enjoy the following benefits
1) Freedom to live, work, and travel anywhere in the United States
2) You can include your spouse and dependent family members in the application
3) Relatively low requirements to qualify for the visa. You only need to be a manager, executive, or specialized employee in a multinational company in order to be qualified.
4) No job offer required
5) No annual limits to L1B visa approved each year.
L1B Visa Categories
There are three sub-categories under the L1B Visa
1) General: Dedicated for specialized knowledge employees who are transferred to an existing U.S. affiliated to their domestic employer.
2) New Offices: Specialized knowledge employees entering USA to set up a new office in the U.S for the employer.
3) Blanket Petitions: Multiple specialized knowledge employees being transferred to the U.S. office of the employer, without having to file individual applications for each employee.
L1B Visa Categories
There are three sub-categories under the L1B Visa
1) General: Dedicated for specialized knowledge employees who are transferred to an existing U.S. affiliated to their domestic employer.
2) New Offices: Specialized knowledge employees entering USA to set up a new office in the U.S for the employer.
3) Blanket Petitions: Multiple specialized knowledge employees being transferred to the U.S. office of the employer, without having to file individual applications for each employee.
L1B USA Business Visa – Eligibility Requirements
For General L1B Visa
The employer must:
1) Be actively involved in a qualifying relationship with a foreign affiliate, branch, parent company, or subsidiary (known as a qualifying organization).
2) Currently doing, or will be doing business in USA and one or more other countries – either directly or via a qualifying organization – for as long as the employee stays in USA as an L-1B visa holder. This business should be viable, but need not necessarily be concerned with international trade.
3) The qualifying organization should be involved in providing goods and/or services continuously, regularly and systematically – not merely have an office or agent in USA and overseas.
The employee must:
1) Demonstrate a minimum of one year of full-time work experience with a qualifying organization outside the United States in the last three years.
2) Enter the USA with the intention of serving the branch of the same employer in a specialized knowledge capacity.
3) 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.
New Offices
1) They office must have be physically located;
2) The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and
3) The new office will support an executive or managerial position within one year of the approval of the petition.
Blanket Petitions
To apply:
1) The petitioner and each of the qualifying organizations must be engaged in commercial trade or services;
2) The petitioner must have an office in the United States which has been operational for at least one year;
3) The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
4) The petitioner along with the other qualifying organizations, collectively, meet one of the following criteria:
a. Have obtained at least 10 L-1 approvals during the previous 12-month period;
b. Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
c. Have a U.S. work force of at least 1,000 employees
L1b Visa Application Process
1) Review the application and eligibility criteria carefully
2) Complete and sign Form I-129;
3) Pay the filing fee, if applicable; and
4) Submit all required documents and evidence as part of your application. This must include a copy of your Form I-129 and other necessary documents.
5) Once the department receives your Form I-129 for ICT visa, your petition will be processed and your employer will receive the following:
a. Receipt notice confirming we received the petition;
b. Biometric services notice, if applicable;
c. Notice to appear for an interview, if required; and
d. A notice of our decision.
L1B Visa Document Requirements
The documentation requirement for the L1B visa is listed below:
1) Completed and signed Form I-129
2) Proof of legal status of employee
3) Documents supporting proof of a qualifying ownership-control relationship between the U.S. employer and the foreign employer.
4) Job description highlighting the main duties performed by the employee.
5) Proof that the employment proposed will be in a specialized knowledge capacity.
6) Proof that the employee was employed in a specialized knowledge position in the office outside USA for at least one continuous year.
L1B Visa Processing time and Fee
Usually, it takes around 2-4 months to process the applications under the L1B visa. Payment of the premium processing fee of $2,500 will expedite the process to 1-3 weeks.
The US business visa cost of the L-1B classification includes the Form I-129 filing fee ($460) and the cost of biometrics ($85).
How Abhinav Can Help?
With over 28 years of credible experience, our L-1B consultants are experts in helping individuals go through the L-1 process seamlessly. We take pride in guiding you through each step while ensuring that your petition has the best chance for approval in the first go. Our team will address all errors and issues regarding your profile and will help you stay on top of any alterations and updates.