L1 visa provides a means for large multinational companies to move vital employees to their branches in the United States (US). This type of non-immigrant visa permits certain executives, managers, and specialised knowledge workers to work on a temporary basis in the US. Explains everything you need to know about an L1 visa.
- What is an L1 Visa?
- Types of L1 Visa
- L1 Visa Requirements
- L1 Visa Eligibility
- L1 Visa Requirement Documents
- What is the L-1 Visa Process?
- How to Apply for an L1 Visa?
What is an L1 Visa?
The L1 visa category is primarily designed for intra-company transferees. Foreign enterprises can legitimately transfer their employees with a specialised skill set or management experience to related US-based organisations. The latter notions may imply branches, subsidiaries, or parent organisations in this regard. There are two main types of L1 visas:
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- L1A Visa: It is intended for executives and managers. The employee’s position abroad should feature one continuous year of management experience within the past three years.
- L1B Visa: It is less demanding than the previous type and intended for employees with specialised knowledge. It can refer to know-how, expertise in the company’s products or services, or any proprietary process.
What are the Types of L1 Visa?
There are two variants of L1 visas based on the types of employees for whom the visa is being issued.
- L1A Visa- L1A visa is issued to individuals employed in a managerial or executive position.
- L1B Visa- L1 B visa is issued to individuals with specialised knowledge not readily available in the US.
Let us understand the difference between these two types of visas through the table below:
| Details | L1A Visa | L1B Visa |
|---|---|---|
| Definition | L1A visa is an intra-company transferee visa for executives and managers. | L1B visa is a visa category that allows the transfer of individuals who possess a special skillset that is not readily available in the US. |
| Validity | The visa comes with an initial validity of 3 years | An L1B visa holder can stay in the USA for up to five years. |
| Extension criteria | L1A visa holder can extend their visa up to twice until they reach seven years of total stay. | This visa can be extended once for up to 2 years after a stay of three years. |
| Eligibility | The multinational company can apply for an L1A visa for the applicant being transferred to a managerial or executive position in the US. | The company can apply for an L1B visa to transfer an employee with a special skillset to the US. |
L1 Visa Requirements
To qualify for an L1 visa, both the employer and the employee must meet certain requirements.
Employer Requirements:
- The US company is a qualifying organisation having a defined organisational connection with a foreign company. For L1 purposes, this connection is continuing, functioning, or regularly doing business.
- The US company is actively engaged in business in the US and somehow requires the expertise of an employee.
Employee Requirements:
L1 Visa Eligibility
If you fulfil the criteria above, you are eligible for an L1 visa. Closer look at them:
- Position: Must qualify for a managerial, executive, or specialised understanding position in the company. Must have had one year of experience within the past three years.
- Qualifying relationship: The American company must be an affiliate of the foreign company.
- Job duty: The job duties done within the American company should align with what you can do in the foreign company if L1A or require special knowledge if L1B.
- Other considerations: If the latter involves, your qualification will help determine if you hold special knowledge in your field. Furthermore, you may not apply for the L1 if you intend to immigrate to the US.
L1 Visa Requirement Documents
When submitting your petition, the American company where you are going to work will be responsible for the submission to USCIS. Required L1 Visa documents you will be requested to provide:
- Form I-129 will highlight all the information regarding a job and the petitioner.
- Supporting documentation such as proof of qualification, experience, and also showing the relationship between the entities.
- Financial statements: These will help to prove that the company is qualified to undertake at will.
- Offer letter which will highlight your position, salary, and benefit statement. This isn’t a specific requirement; hence it would be crucial that you engage a qualified legal expert.
L1 Visa Fees
The L1 Visa costs associated:
- Base Filing Fee: The $460 (₹ 38,375 approx.) filing fee for Form I-129.
- American Jobs Creation Act Fee: An additional mandatory fee. Usually it varies.
- Fraud Prevention and Detection Fee: Depending on your nationality, this fee may apply.
- For Biometric Services: The $85 (₹ 7091 approx.) fee is needed to collect fingerprints and photographs.
What is the L-1 Visa Process?
The process for obtaining an L-1 visa is relatively simple compared to other visas:
- The applicant must first file an I-129 form with the United States Citizenship and Immigration Service along with documentation proving the company and the employee’s eligibility for an L-1 visa.
- If the USCIS approves the application, it will issue a notice of action. This will allow the applicant to either apply for a visa at a United States embassy or consulate in his or her home country if he or she is outside of the U.S. or apply for a change of status while inside the country.
- If you are outside the U.S. and need to go through consular processing, then you will need to fill out a DS-160 online visa application and bring the confirmation to the consulate or embassy along with the filing fee. Then you will go through a personal interview with an immigration officer in order to determine your eligibility for the L-1 visa.
- If you pass the interview, then you will be issued your L-1 visa and you will be able to start working for your employer in the U.S.
How Long Is the Overall L-1 Visa Processing Time?
Because each USCIS service center that processes petitions has a different workload, the processing time for your I-129 may vary widely. There is a general average of six months that many attorneys account for when considering the processing time.
Due to the fact that the L-1A and L-1B both need the I-129 petition, there is no difference in the processing times between the two petitions.
How to Apply for an L1 Visa?
L1 visa is an intra-company transferee visa. Thus, it is crucial to remember that the L1 visa application process will require the involvement of both the employee and the employer. Here is a step-by-step guide to the L1 visa application process from an employee’s perspective:
Step 1: First and foremost, you must get the offer letter from your employer that mentions your transfer from the current organisation to the organisation in the US. The transfer letter should also clearly mention the role at which you are being transferred, whether it is managerial, executive or requiring specialised knowledge.
Step 2: Your employer must file a petition at the USCIS. Depending on the nature of the transfer, they shall apply for an individual or blanket petitions. Once the petition is approved, the employer shall share the Form I-797. The employer shall share the forms with the employee to proceed visa application at the US embassy.
Step 3: After receiving the Form I-797, you (the applicant) should apply for the Form DS-160 in which you must fill all the necessary information asked in the form.
Step 4: After filing the form move forward to pay the visa fee and schedule the visa interview at the US consulate office.
Step-5: On the interview date, reach the US consulate office with all the documents including your transfer offer. Dress well to make a positive impression on the embassy officer and remain professional throughout the interview.Note: Please note that you can apply for the L1 Visa by visiting your nearest US Embassy with the Form I-197 provided by your employer.What is the L1 Visa Cost?
- You and your employer may have to pay multiple fee throughout the L1 visa application process. Here is the elaboration for the fee that you may be asked to pay:
- For the first time L1 visa petitions, the USCIS shall ask you to pay a filing fee along with the Form I-129.
- To investigate and prevent fraudulent L1 visa petitions, the USCIS asks the US employer to pay $500.
- At the time of application, the visa application fee is charged which is $190.
Employer may have to pay $1,400 in case you opt for a premium service to opt a quick visa processing.
FAQs
What is an L1 visa?
A U.S. work visa for intra-company transfers of managers, executives, or specialized employees.
Who is eligible for an L1 visa?
Employees working for a foreign company with a U.S. branch for at least 1 year in the past 3 years.
What are the types of L1 visas?
L1A for managers/executives; L1B for specialized knowledge employees.
How long is the L1 visa valid?
L1A: Up to 7 years; L1B: Up to 5 years.
Can L1 visa holders bring family?
Yes, spouses and children under 21 can apply for L2 visas.
Can L1 visa spouses work in the U.S.?
Yes, L2 visa holders can apply for work authorization.
What are the L1 visa fees?
Filing fees start around $460, plus additional costs for premium processing.
Is premium processing available?
Yes, it shortens processing to 15 days for an extra fee.
Can an L1 visa lead to a Green Card?
Yes, especially L1A holders under the EB-1C category.
How long does L1 visa processing take?
Regular: 1-4 months; Premium: 15 calendar days.
Can I change jobs on an L1 visa?
No, it’s tied to the sponsoring employer.
What documents are required?
Employment proof, company letters, and evidence of qualifying relationship.
Can I travel internationally on an L1 visa?
Yes, with a valid visa stamp and travel documents.
What’s the difference between L1A and L1B?
L1A is for managerial roles; L1B is for specialized knowledge.
Can I extend my L1 visa?
Yes, up to the maximum duration (L1A: 7 years, L1B: 5 years).