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L1 Visa: Type, Eligibility, Requirements and More!

TeamAckoOct 29, 2024

L1 visa is a type of non-immigrant visa for employees working in a multinational company. An L1 visa allows employees to move from a foreign office to a U.S. office. There are two categories of an L1 visa: L1A and L1B, which is divided based on the position of the employee. So, overall, you would come to know what is an L1 visa, requirements for an L1 visa, time for processing, and many more things.

Contents

What is L1 visa?
L1A Visa vs L1B Visa
L1 Visa Eligibility
L1 Visa Requirements
L1 Visa Process
L1 Visa Duration
L1 Visa to Green Card
L1 Visa Processing Time
L1 Visa Cost
What's the difference between L1 Visa and H1B Visa?
Conclusion
Frequently Asked Questions

What is L1 visa?

The L1 visa means a US work visa that is reserved for employees working for international companies that have operations both in the U.S. and abroad. The visa allows an employee to transfer from a foreign office to a U.S. office for the purpose of working in a managerial or specialised knowledge capacity. L1 visa in USA — in simple words, it is a temporary work visa related to internal transfers among the key personnel.

The L1 visa allows for intracompany transfers, which basically strengthens the business operations between a company's international and U.S. offices.

L1A Visa vs L1B Visa

L1 visa is of two types:

L1A Visa: It is for executives and managers. The visa of L1A allows one to stay for up to seven years and is generally used by most companies in transferring their senior staff personnel into the U.S. Those people holding an L1 A visa can manage whole departments, teams, or business operations in the United States.
L1B Visa: This visa is for those employees who possess special knowledge like knowledge of a company's operations, products, or services. L1 B visa is up to five years valid..

L1 Visa Eligibility

Eligibility criteria under L1 visa include:

Length of Employment: The applicant worker must have been employed by that organisation for over one year in the three years preceding the transfer.
Position: He should be an executive or a manager to get an L1A visa, and he must have specialised knowledge which is critical to the operations of the organisation to get an L1B visa.
U.S. Office: The U.S. office should be either already open or planning to start operations. If the U.S. subsidiary is a start-up company, applicants can also apply, but the length of stay on the visa might be restricted initially.

L1 Visa Requirements

In regards to the requirements for the L1 visa, both L1A and L1B share some features:

Job position: The applicant must be working in an executive or specialised knowledge capacity.
Company structure: The company in the country and the offshore company must have a qualified relationship as parent, subsidiary, or affiliate.
Supporting documents: Documents which will highlight that the company is operational and the applicant is eligible for the job, role, and experience should be included.

These are very significant requirements for an L1 visa application to be approved by USCIS.

L1 Visa Process

The L1 visa process is divided into the following steps:

Petition by Employer: The U.S. employer of this employee needs to file Form I-129, Petition for a Nonimmigrant Worker.
Submission of Documents: The petition must be submitted along with required supporting documents, including a letter that articulates the relationship of the company both in the U.S. and the foreign office, the employee's duties, and other financial information.
Interview at the Consular Office: After the approval of the L1 visa USA has been done, then the applicant will need to go for an interview at the Consular office.
Approval: Once the L1 visa applicant is approved, he or she can enter the U.S. and begin to work.

L1 Visa Duration

The duration of the L1 visa varies with the type:

The L1A visa has a valid period of three years, which, upon extension, can reach a maximum of seven years.
The L1B visa also has a valid period of three years but can be extended up to five years.

This is made possible by the periods within which the L1 visa validity is determined, thereby allowing long-term stays for senior-level employees or specialists.

L1 Visa to Green Card

The L1 visa also holds a possible pathway towards permanent residency. Many beneficiary holders of an L1 visa can transition without much trouble directly from an L1 visa to a green card. Many of these are in fact possible through the EB-1C category, that is for multinational executives and managers. From an L1 visa to a green card, L1A holders have an easy pass with fewer steps: they don't need labour certification.

L1 Visa Processing Time

The L1 visa processing time may vary. Generally, it takes around three to six months. Firms have an option to pay extra and go for premium processing, in which the decision-making takes only 15 days. In the case of applicants based out of India, the L1 visa processing time in India may vary depending on the load of the consulate.

L1 Visa Cost

The following are some of the fees encompassed in this cost:

Application filing fee for Form I-129: $460
Anti-fraud fee: $500
Premium processing fee: $2,500 (optional)
The fees are slightly different depending on the location of applicants and also for those who may use legal assistance.

What's the difference between L1 Visa and H1B Visa?

For applicants, it is essential to understand L1 visa vs H1B visa: The difference between l1 and h1b visa;

L1 visa is an intra-company transfer only, while H1B visa is meant for workers in specialty occupations.
H1B is capped every year, but the L1 doesn't have any cap.
The L1 visa worker must be employed by the firm overseas before transferring, whereas H1B visa applicants need not demonstrate prior employment with the U.S. firm.

Conclusion

The L1 visa, therefore, offers great opportunities for multinational companies to transfer employees. On the part of employers and employees, knowing what an L1 visa, its requirements, and the application process may be considered quite essential. Some benefits such as its being an alternative way to get green cards and long-term validity make L1 visa USA one of the best options for such business transfers across international borders.

Frequently Asked Questions

Here are answers to some of the frequently asked questions related to L1 visa.

1. What are the L1 visa interview questions that the US immigration officials will ask?

Some of the frequently asked questions during an L1 visa interview are as follows:

What is the professional work experience?

Have you worked in any foreign country before?

Where did you work before working in the current company?

What is your yearly income?

What is your current job role and responsibilities?

2. What is the processing time for an L1 visa?

The processing time for an L1 visa is between 2 to 4 months. However, if you opt for premium processing, you will get to know your L1 visa status within 1 to 3 weeks.

3. What is the validity period of an L1 visa?

The L1 visa is issued for 3 years. If you are an L-1A visa holder, you can extend your stay for a maximum of 7 years. In the case of L-1B visa holders, they can extend their stay for a maximum of 5 years.

4. Can my spouse work on an L1 visa status?

US immigration allows L1 visa holders to bring their spouses and unmarried children under 21 years to United States on L2 visa status. The L2 spouses can automatically work upon their entry into the United States.

5. Can I apply for a green card with my L1 visa status?

Yes, you can apply for a green card, if you are an L1 visa holder. However, the process of obtaining a green card depends on the type of L1 visa status. If you are an L-1A visa holder, the process takes around 8 months to a year to complete. On the other hand, for L-1B visa holders, the process takes 8 months to 2 years to complete.

6. What are the criteria required to qualify for an L1 blanket petition?

To fall under the L1 blanket petition, the company needs to fulfil the following requirements:

Must have a commercial trade or service business in the US.

Have a minimum of 3 offices in the US or abroad.

Combined annual sales in foreign countries and the US should be at least $25 million or have more than 1000 employees in the US office.

7. Are there any alternatives to an L1 visa?

H1-B visa is the only comparable temporary work visa available for individuals seeking work in the United States of America. However, the maximum work stay is 3 years, and you can extend it for another 3 years.

8. Why is my L1 visa rejected?

An L1 visa may be rejected if the applicant fails to meet the eligibility criteria, such as not having worked for the qualifying employer for at least one year, insufficient documentation, or issues with the employer's business legitimacy.

9. Can we switch jobs on an L1 visa?

No, you cannot switch jobs on an L1 visa unless the new job is with the same multinational company that sponsored your L1 visa, either in the same role or a different qualifying position. If you want to work for a different employer, you would need to apply for a different visa, such as an H1B, which allows employment with other companies.

Disclaimer: The content on this page is generic and shared only for informational and explanatory purposes. It is based on several secondary sources on the internet and is subject to changes. Please consult an expert before making any related decisions.