What Is the L-1 Visa?
The L-1 visa allows qualifying multinational companies to transfer certain employees from a foreign office to a related U.S. office. It is commonly used for executives, managers, and employees with specialized knowledge.
To qualify, the employee generally must have worked for the foreign company, or another qualifying organization, for at least one continuous year during the three years before the L-1 petition. The U.S. and foreign companies must also have a qualifying relationship, such as a parent, subsidiary, affiliate, or branch. The companies generally must be doing business in the United States and at least one other country.
The L-1 category can also be used when an established foreign company is sending an employee to establish a new U.S. office. New-office cases have additional requirements, including sufficient physical premises and evidence that the company has the financial ability to start the U.S. operation.
Types of L-1 Visas:
L-1A: For employees coming to the United States to work primarily in a managerial or executive capacity.
L-1B: For employees coming to the United States to work in a position involving specialized knowledge of the company's products, services, processes, technology, or other interests.
Eligibility Requirements:
To qualify for L-1 classification, the employee and the companies generally must meet these requirements:
Qualifying relationship: The U.S. and foreign companies must have a qualifying relationship, such as a parent, subsidiary, affiliate, or branch.
Foreign employment: The employee must generally have worked abroad for the qualifying organization on a full-time basis for at least one continuous year during the previous three years.
Qualifying U.S. position: The employee must be coming to the United States to work primarily in a managerial, executive, or specialized-knowledge capacity.
Business operations: The qualifying organization must be doing business in the United States and at least one other country.
New office requirements: If the employee is being transferred to establish a new U.S. office, additional requirements apply regarding the premises, financial ability, and proposed operations. For an L-1A new-office case, the company must show that the proposed U.S. operation will support an executive or managerial position within one year of petition approval.
How the L-1 Application Works:
The U.S. employer generally begins the process by filing Form I-129 with USCIS. The petition should establish the qualifying relationship between the companies, the employee's qualifying foreign employment, and the proposed U.S. position. If the employee is outside the United States and needs an L-1 visa, the employee generally completes Form DS-160, pays the applicable visa fee, and follows the interview and document requirements of the U.S. embassy or consulate handling the application.
L-1 Validity and Extensions:
Employees transferring to an existing U.S. office may generally receive an initial stay of up to three years. For a new U.S. office, the initial approval is generally limited to one year. A new-office petition can later be extended when the U.S. operation meets the applicable requirements.
The maximum period of stay is generally:
L-1A: Up to 7 years
L-1B: Up to 5 years
Extensions may generally be granted in periods of up to two years, subject to the applicable maximum period. Qualifying time spent outside the United States may also be recaptured in calculating the maximum period of stay.
L-1 Processing:
There is no single processing time that applies to every L-1 petition. USCIS processing times vary depending on the type of case, workload, and other case-specific factors. USCIS provides current processing-time information through its online processing-time tool. Applicants who need faster adjudication may request Premium Processing by filing Form I-907 and paying the applicable fee. The applicable premium-processing timeframe and fee should be checked with USCIS at the time of filing.
L-2 Dependents:
L-1 visa holders may generally bring their spouse and unmarried children under 21 to the United States in L-2 status.
L-2 spouses are generally authorized to work incident to their L-2 status, while L-2 children are not authorized to work based solely on L-2 status. USCIS changed its policy to recognize employment authorization for qualifying L-2 spouses as incident to status.
Important Features of the L-1 Visa
The L-1 category has several features that distinguish it from other employment-based nonimmigrant classifications:
No annual cap or lottery: There is no annual numerical quota or H-1B-style lottery for L-1 visas.
Dual intent: L-1 workers may pursue permanent residence while maintaining L-1 status.
No PERM labor certification: An L-1 transfer does not require the PERM labor certification process.
Existing or new U.S. office: Qualifying employees may be transferred to an existing U.S. operation or, when the requirements are met, to establish a new office.
Ownership: An ownership interest does not automatically prevent L-1 classification, but additional requirements apply when the beneficiary owns or controls the petitioning company. A sole proprietorship cannot file an L-1 petition for its owner because the business is not legally separate from the owner.
Change of employer: L-1 status is tied to the qualifying corporate relationship. Moving to a different employer generally requires a new qualifying relationship and a new petition.
Key Takeaway
The L-1 visa is designed for qualifying multinational companies that need to transfer employees to the United States. The main requirements focus on the relationship between the companies, the employee's qualifying foreign employment, and the nature of the U.S. position. requirements can be particularly detailed in new-office cases, managerial or executive positions, specialized-knowledge cases, and situations where the beneficiary has an ownership interest in the company.