How to Apply For US L-1 Intra-Company Visa

The L-1 visa is an essential tool for multinational companies looking to transfer employees to the United States. Designed for intracompany transferees, this visa allows eligible employees in managerial, executive, or specialized knowledge positions to work temporarily in the U.S. under their employer’s subsidiary, branch, affiliate, or parent company.

Whether you are an employer seeking to transfer key talent or an employee pursuing new career opportunities, understanding the L-1 visa application process is critical. This comprehensive guide explains how to apply for the L-1 visa, eligibility requirements, application steps, and tips for success.

Overview of the L-1 Visa

The L-1 visa facilitates the movement of employees within multinational companies. It is divided into two main categories:

1. L-1A Visa

• For executives and managers.
• Valid for up to 1 year for a new office or up to 3 years for an established office, with a maximum stay of 7 years.

2. L-1B Visa

• For employees with specialized knowledge.
• Valid for up to 1 year for a new office or up to 3 years for an established office, with a maximum stay of 5 years.

Both visa types allow for family members (spouse and unmarried children under 21) to accompany the L-1 visa holder under the L-2 visa.

Eligibility Requirements for the L-1 Visa

To qualify for the L-1 visa, both the employee and employer must meet specific criteria.

For the Employee:

1. Employment with the Company:
   • Must have worked for the multinational company for at least 1 continuous year within the past 3 years before applying.
2. Position Requirements:
   • L-1A: Should hold a managerial or executive role.
   • L-1B: Must possess specialized knowledge critical to the company’s operations or products.
3. Transfer Purpose:
   • The employee must be transferring to the U.S. to work in a qualifying role.

For the Employer:

1. Qualifying Relationship:
   • The company in the U.S. must have a qualifying relationship (parent, subsidiary, branch, or affiliate) with the foreign entity.
2. Operational Business:
   • Both the U.S. and foreign offices must be actively conducting business.
3. New Office Provision:
   • If transferring to establish a new U.S. office, the company must demonstrate the ability to support the operation and employee’s role.

Benefits of the L-1 Visa

• Dual Intent: Allows the visa holder to apply for a green card while maintaining L-1 status.
• Spouse Employment Authorization: L-2 visa holders can work in the U.S. without additional permits.
• No Cap on Visas: Unlike the H-1B visa, the L-1 visa is not subject to annual numerical limits.
• Flexible Duration: Initial validity and extensions accommodate short-term and long-term transfers.

Step-by-Step Guide to Applying for the L-1 Visa

Step 1: Determine Eligibility

Before starting the application process, ensure that both the employer and employee meet the eligibility criteria for the L-1 visa.

Step 2: File Form I-129 (Petition for a Nonimmigrant Worker)

The U.S.-based employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to petition for the employee’s L-1 visa.

Required Documents:

1. Evidence of the qualifying relationship between the U.S. and foreign offices.
2. Proof of the employee’s previous role, qualifications, and purpose of transfer.
3. Business plan and financial documents (for new office petitions).
4. Organizational charts and job descriptions for managerial or executive roles.

Step 3: Await Petition Approval

Once the petition is filed, USCIS reviews the application. Processing times vary, but employers can opt for Premium Processing (15 calendar days) for an additional fee.

Step 4: Schedule a Visa Appointment

After USCIS approves the I-129 petition, the employee can proceed to apply for the L-1 visa at a U.S. embassy or consulate in their home country.

Steps:

1. Complete the DS-160 Form (Online Nonimmigrant Visa Application).
2. Pay the visa application fee.
3. Schedule an appointment for a visa interview.

Step 5: Attend the Visa Interview

The employee must attend the visa interview with all required documents. The consular officer assesses the applicant’s eligibility and purpose of travel.

Required Documents for the Interview:

1. Valid passport (with a minimum of 6 months’ validity).
2. DS-160 confirmation page.
3. I-129 petition approval notice (Form I-797).
4. Supporting documents proving eligibility (employment letter, organizational charts, etc.).
5. Evidence of company’s operations and financial status.

Step 6: Receive Visa Decision

After the interview, the consular officer decides whether to approve or deny the L-1 visa. If approved, the visa is stamped in the passport, and the applicant can travel to the U.S.

Additional Considerations for New Office Applications

When transferring employees to establish a new U.S. office, employers must provide additional evidence to USCIS, including:

• Proof of sufficient physical premises.
• A detailed business plan outlining growth and operations.
• Demonstration of the financial ability to support the U.S. office and the employee.

Applying for Extensions and Renewals

L-1 visa holders can apply for extensions to continue their work in the U.S. The process involves filing Form I-129 again and providing updated supporting documents.

Key Points:

• L-1A: Extensions are granted in increments of up to 2 years, with a maximum stay of 7 years.
• L-1B: Extensions are granted in increments of up to 2 years, with a maximum stay of 5 years.

Transitioning to Permanent Residency (Green Card)

The L-1 visa allows for dual intent, enabling visa holders to apply for a green card without jeopardizing their status.

Steps to Transition:

1. L-1A Holders: Eligible for EB-1C (Multinational Manager or Executive) green card.
2. L-1B Holders: May qualify for other employment-based green card categories, such as EB-2 or EB-3.

Challenges and How to Overcome Them

1. Documentation Issues

Incomplete or inconsistent documentation can delay or lead to the denial of the application.

Solution:

• Double-check all documents for accuracy.
• Seek professional assistance if needed.

2. New Office Petitions

Proving the viability of a new office can be challenging for employers.

Solution:

• Provide detailed business plans, lease agreements, and proof of financial capability.

3. Denial of Specialized Knowledge Claims

L-1B applicants may face difficulties proving specialized knowledge.

Solution:

• Clearly demonstrate how the employee’s knowledge is unique and critical to the company’s U.S. operations.

Frequently Asked Questions (FAQs)

1. How Long Does the L-1 Visa Application Process Take?

Processing times vary, but Premium Processing can expedite the I-129 petition approval within 15 calendar days.

2. Can L-1 Visa Holders Bring Their Families?

Yes, L-1 visa holders can bring their spouse and unmarried children under 21, who qualify for L-2 visas.

3. Is the L-1 Visa Transferable Between Employers?

No, the L-1 visa is employer-specific. A new petition must be filed for a different employer.

4. Can I Work for Another Company on an L-1 Visa?

No, L-1 visa holders can only work for the sponsoring employer.

5. What Happens If My Visa Application Is Denied?

If denied, you can appeal the decision or reapply after addressing the reasons for denial.

Conclusion

The L-1 Intra-Company Visa provides a vital pathway for multinational companies to transfer employees to the United States. By understanding the eligibility criteria, preparing thorough documentation, and following the application process carefully, both employers and employees can navigate this visa category successfully. With its flexible benefits and opportunities for career advancement, the L-1 visa is a valuable tool for expanding professional horizons in the U.S.