Last Updated on May 27, 2024 by Anda Malescu
The L1 visa allows foreign and US companies to transfer a manager, executive or specialized knowledge employee to the United States.
With our extensive experience as L1 Visa Lawyers in Miami Florida USA, we share our knowledge to support all those interested in getting this visa with the help of an experienced US immigration lawyer.
Below we provide a comprehensive overview of L1 visa, requirements, eligibility, application process and answer a series of frequently asked questions.
L1 Visa FAQs:
1. WHAT IS L1 VISA?
The L1 visas are one of the most common employment-based visas in the United States.
The L1 visa allows employers to transfer their executives, managers, and specialized knowledge employees from their foreign offices to their offices in the United States if the employee has worked abroad for the company for at least one year in the past three years.
Moreover, foreign companies, investors and entrepreneurs seeking to expand their operations in the US can use the L1 visa to transfer executives, managers or specialized knowledge employees from their foreign offices to their affiliated company in the United States.
The employee may also be coming to the United States to establish a new office if the company does not currently have any operations in the country.
2. TYPES OF L1 VISA
There are two types of L1 visas and each type is further divided into two subcategories based on whether the employee is transferring to an existing or new US office.
The main L1 visa types are:
- L1A visa for executives and managers; and
- L1B visa for employees who have specialized knowledge relating to the company
L1A VISA OVERVIEW
The L1A visa allows a foreign employee to come to the United States temporarily to perform services in a managerial or executive capacity for the same employer or for a related entity, such as a parent, branch, subsidiary, or affiliate.
An employee who is relocating to the United States to set up a new office, must have held an executive or managerial position for at least one year during their employment abroad.
L1B VISA OVERVIEW
The L1B visa allows employees who possess specialized knowledge to temporarily relocated to the United States and work for their employer or a related company such as a parent, branch, subsidiary, or affiliate.
As defined by US immigration law, specialized knowledge is either:
[CFR Section 214.2(l)(1)(ii)(D)]; [9 FAM 402.12-12]
3. WHAT ARE THE L1 VISA REQUIREMENTS?
To be eligible for an L1 visa, both the employer and the employee must meet certain requirements. For new office petitions, the employer must meet additional requirements.
To qualify for L1 visa, you must meet the following requirements:
4. L1 VISA FOR NEW OFFICE
L1 visa for new office is designed for employees who are being transferred from abroad to US offices that have been doing business for less than one year. Doing business does not include the mere presence of an office or an agent. Instead, doing business refers to regularly and continuously providing goods or services.
In other words, if a company does not have a US office in operation for one year at the time of application, then the employer must file an L1 visa for new office to transfer an executive, manager or specialized knowledge employee.
Foreign employers seeking to relocate an employee to the United States to establish a new office are subject to additional requirements.
The L1 visa requirements for new office are:
5. L1 VISA FOR SMALL BUSINESSES, INVESTORS AND ENTREPRENEURS
L1 visa is also suitable for investors, entrepreneurs and small businesses to establish and grow their operations in the United States.
Foreign executives, managers or employees with specialized knowledge can come to the United States to work in an existing US office or to establish a new office and start business operations in the US. Learn how to open a business in the United States as a foreigner.
6. L1 VISA DURATION
Employees coming the United States to establish a new office can be approved an initial stay of one year. All other employees who are coming to the US to join an existing office will be granted an initial stay of three years.
Upon expiration of the initial period, the L1 Visa can be extended in two-year increments.
The maximum duration of stay on L1A visa for a manager or executive is seven years.
The maximum duration of stay on an L1B Visa for a specialized knowledge employee is five years.
Employees can recapture any time spent outside the United States during their stay on L1 visa with proper documentation.
Spouses and children receive visas with the same duration as the principal L1 visa holder. They can apply for extensions to align their stay with the principal L1 visa holder.
7. HOW TO BRING MY FAMILY TO US?
As an L1 visa holder you can bring your family, your spouse and unmarried children under 21, to the United States on an L2 visa.
The period of stay allowed on an L2 visa for both spouse and children is the same as for the L1 visa holder.
To obtain an L2 visa, spouses and children must present documentation establishing the relationship with the principal L1 visa applicant. L2 spouses must show a marriage certificate, and children must show a long-form birth certificate.
Spouses can work in the United States on L2 visa. They do not need to obtain a work permit because they are authorized to work incident to their L2 status.
Children cannot work in L2 status.
8. HOW TO GET AN L1 VISA?
To obtain an L1 visa, you must navigate a complex application process that involves multiple governmental agencies. In addition, the evidence you provide is crucial for a successful L1 visa application.
The process to get an L1 visa includes the following steps:
9. L1 VISA DOCUMENT CHECKLIST
However, keep in mind that the specific L1 visa documents you must submit with your application vary depending on individual circumstances.
10. WHAT ARE BENEFITS OF L1 VISA?
11. EXTENSION AND RENEWAL
L1 visa holders can extend their stay in two-year increments prior to the expiration of their initial period of stay. L1A status holders can extend their stay for a maximum of seven years, while L1B status holders can extend their stay for a maximum of five years.
For employees establishing a new office in the U.S., the initial L1 visa period is one year. For all other employees, the initial period of stay is three years.
Prior to the expiration of the initial L1 visa period, the employer must submit an extension or renewal petition to USCIS on behalf of the foreign employee. The application process for L1 visa extensions or renewals is similar to the initial L1 visa application process.
To find out more about you can visit our page on How to extend and renew your L1 visa for USA?
12. DUAL INTENT
The L1 visa is a dual intent visa.
Unlike other business visas that require proof that the applicant intends to return home upon visa expiration, the L1 visa is a dual intent visa. allowing holders to pursue permanent residency simultaneously.
This means that the L1 visa holders can apply for a green card without violating their visa status or facing negative consequences because they do not need to show they intend to return home.
13. HOW LONG DOES AN L1 VISA TAKE?
Standard L1 visa processing takes 1 to 2 months. This includes processing the I-129 petition at USCIS and excludes consular processing and interview. You can check the processing times for L1 on USCIS website.
Consulate processing times range from a few weeks to up to 6 months or more, depending on the specific consulate where you are applying at and their caseload.
If you are applying under a Blanket L visa, the processing time is reduced to 1 to 3 weeks.
Optionally, if you pay for expedited services, USCIS adjudicates your L1 petition in 15 calendar days. If you are in the United States, you can request change of status to L1 on the same application. To use premium processing, your employer must file form I-907 with the I-129 form.
Please keep in mind that if you receive a Request for Further Evidence (RFE) on your L1 application, the 15-day period restarts the day you have responded to the RFE. This effectively increases the L1 processing time even if you use premium processing.
14. L1 BLANKET VISA
The Blanket L1 visa is available to large companies that frequently file L1 intracompany transfer petitions. The key benefit of a blanket L1 visa is that instead of filing individual petitions for each employee, companies with approved Blanket L1 visas can simply have their employees apply for L1 visas directly at a U.S. consulate
A blanket L1 visa approval means that employees do not need to wait for USCIS approval of the I-129 individual petition and can directly apply for L1 visa at the US Consulate.
A blanket L1 visa is available to an organization that is engaged in commercial trade or services and:
15. CAN L1 VISA HOLDER APPLY FOR GREEN CARD?
Yes, you can apply for green card if you hold an L1 visa. In fact, holding an L1 visa is advantageous if you are pursuing a green card because it is a dual intent visa. This means that you can simultaneously have a green card application pending while maintaining L1 status.
Moreover, as an L1 visa holder you have multiple green card options available to you. Below we explore how you can transition to a green card.
16. HOW TO GO FROM L1 VISA TO GREEN CARD?
There are a number of options for L1 visa holders to obtain a green card (permanent residency). However, certain green card options are more restrictive to L1B visa holders.
The most natural way to go from an L1 visa to a green card is to apply for EB-1C visa. However, the EB-1C green card is not available to L1B visa holders for employees with specialized knowledge.
Here are all the green card options available to you to go from L1 visa to green card:
17. MALESCU LAW CAN ASSIST YOU
At Malescu Law, our experienced Miami Florida USA immigration lawyers assist companies and foreign nationals to successfully navigate the L1 visa process.
Our experienced L1 visa lawyers have a proven track record of successfully securing L1 visas. We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
