What is
L1 Visa
The L1 visa is a non-immigrant visa that allows multinational companies to transfer certain employees from their foreign offices to work in the U.S. temporarily. There are two subcategories:
- L1A Visa: For managers and executives.
- L1B Visa: For employees with specialized knowledge.
What are the benefits of an L1 Visa?
Ability to live and work in the USA
L1 visa holders can live and work in the U.S. for the duration of their visa. The L1A visa is initially valid for three years and can be extended up to seven years. The L1B visa is valid for three years and can be extended for up to five years. This provides significant time for employees to contribute to their U.S. operations.
Extended period of stay
- L1A visa: Valid for up to seven years for managers and executives. This extended stay is particularly beneficial for high-level employees who need to manage long-term projects.
- L1B visa: Valid for up to five years for specialized knowledge workers. This allows companies to leverage their employees' expertise for an extended period.
Dual intent visa
L1 visa holders can apply for permanent residency without jeopardizing their visa status. This flexibility is crucial for those considering long-term residence in the U.S. It provides a clear pathway to transition from temporary to permanent status.
No set wage requirements
Unlike other visas, the L1 visa does not require the U.S. employer to pay a specific wage. However, the employer must comply with state and federal minimum wage laws. This flexibility can be beneficial for companies of various sizes and industries.
Immigration benefits for your family
L1 visa holders can bring their spouse and unmarried children under 21 to the U.S. under L2 status. L2 spouses can obtain work authorization, and children can attend U.S. schools. This ensures that the whole family can benefit from the move.
L1 visa is eligible for premium processing
For an additional fee, premium processing expedites the L1 petition, providing a response within 15 days. This can be particularly useful for businesses needing to transfer employees quickly to meet operational demands.
What are the L1 visa requirements?
To qualify for an L1 visa, both the employee and the employer must meet specific requirements:
Qualifying relationship
There must be a qualifying relationship between the foreign company and the U.S. company. This includes:
- Parent/subsidiary: one company owns more than half of the other.
- Branch office: the same company operates in different locations.
- Affiliate: companies are owned and controlled by the same parent company or person.
Employment Requirements
The employee must have been continuously employed by the foreign company for at least one year within the last three years before filing the L1 petition. This employment must have been in a managerial, executive, or specialized knowledge capacity. Continuous employment is essential to demonstrate the employee's commitment and value to the company.
Position qualification
- L1A visa: For managers and executives overseeing significant operations or critical functions. This includes individuals responsible for strategic decision-making and overall company direction.
- L1B visa: For employees with specialized knowledge unique to the company's products, services, technology, or procedures. This specialized knowledge must be significant enough to warrant the transfer.
How to go from an L1 Visa to Green Card
L1 visa holders can apply for permanent residency through various employment-based immigrant visa categories, such as EB1C for multinational managers and executives, or PERM process for specialized knowledge employees. The process involves filing an I-140 petition and potentially an adjustment of status application. This dual intent feature allows L1 visa holders to plan for their long-term future in the U.S.
The L1 visa is a powerful option for multinational companies to transfer key employees to the U.S. With the right preparation and legal guidance, obtaining an L1 visa can be a smooth and efficient process. If you have any questions or need assistance with your L1 visa application, feel free to reach out to our team for expert support.
Common issues regarding managers, executives, and specialized knowledge workers
Managers and executives
For L1A visas, USCIS focuses on whether the employee will primarily engage in managerial or executive functions rather than day-to-day operations. Providing detailed job descriptions and organizational charts can strengthen your application. It's important to highlight the strategic nature of the employee's role.
Specialized knowledge workers
For L1B visas, demonstrating that the employee possesses knowledge not commonly held in the industry is critical. Evidence of specialized training, experience, and contributions to the company can support the application. Detailed descriptions of the employee's skills and how they are applied in the company are essential.
What documents are needed to apply for an L1 visa?
The specific documents required will depend on your particular case, but generally include:
- Detailed job descriptions for both the U.S. and foreign positions and purpose of the transfer
- Evidence of the qualifying relationship between the U.S. and foreign companies
- Proof of continuous employment with the foreign company
These documents help establish the eligibility of both the employee and the employer for the L1 visa.
How to Apply for an L1 Visa
Step 1 - Hire an immigration lawyer
Given the complexity of the L1 visa process, it is advisable to hire an experienced immigration lawyer who can guide you through each step. They can help ensure all documentation is accurate and complete.
Step 2 - Document gathering
Gather all necessary documentation, including job descriptions, evidence of employment, and proof of the qualifying relationship. This step is crucial for building a strong case.
Step 3 - File Form I-129 and L supplement
The U.S. employer must file Form I-129 (Petition for a Nonimmigrant Worker) along with the L supplement and all supporting documents. This petition outlines the details of the job and the relationship between the U.S. and foreign companies.
Step 4 - Apply for L1 visa
Once the I-129 petition is approved, the employee must apply for the L1 visa at a U.S. consulate or, for Canadian citizens, at a U.S. port of entry. The consulate will review the application and conduct an interview to assess the applicant's eligibility.
L1 Extensions
- L1A Extensions: L1A visas can be extended in two-year increments up to a total of seven years. This allows managers and executives to continue their work in the U.S. for an extended period.
- L1B Extensions: L1B visas can be extended in two-year increments up to a total of five years. This provides additional time for specialized knowledge workers to contribute to their U.S. operations.
L1 blanket visa
What is the L1 blanket visa?
The L1 blanket visa allows employers to transfer eligible employees quickly without filing individual petitions. This streamlines the process for companies that frequently transfer employees.
Eligibility for L1 blanket visa
The employer must meet certain criteria, including having an office in the U.S. for at least one year and meeting specific business activity thresholds. This includes having multiple branches or subsidiaries and meeting certain financial or employment benchmarks.
H-1B visa and the lottery system
H-1B visa cap exemptions
Premium processing for H-1B visa
Eligibility criteria
Key features
- Eligibility for Dual Intent: L1 visa holders can pursue permanent residency while maintaining their L1 status. This allows for greater flexibility in planning your long-term stay in the U.S.
- No Annual Cap: Unlike some other visas, the L1 visa does not have an annual limit, making it more accessible for qualifying applicants.
- Family Benefits: L1 visa holders can bring their spouse and unmarried children under 21 to the U.S. under L2 status. This enables families to stay together and build a life in the U.S.
The importance of legal consultation in today's complex world
Navigating the complexities of U.S. immigration law can be daunting. Legal consultation ensures that you fully understand your eligibility, the requirements, and the process for obtaining an L1 visa, thereby increasing your chances of a successful application. At Partovi Law PLLC, we provide comprehensive legal services to help you stay updated with the latest changes and avoid common pitfalls, ensuring a smoother and more efficient application process.
Key benefits of legal consultation
- Experience and knowledge: at Partovi Law PLLC, our legal consultants have in-depth knowledge of immigration law and stay updated on the latest changes and precedents specific to L1 visas.
- Customized solutions: we tailor our advice to your specific circumstances, assessing your situation and offering strategies to address your unique needs for the L1 visa process.
- Document preparation: our attorneys assist in gathering and preparing all necessary documentation to ensure a complete and accurate submission, making sure all forms are correctly filled out and required evidence is included.
- Risk mitigation: by consulting with our legal professionals, you can proactively identify and mitigate potential legal risks associated with your L1 visa application.
- Peace of mind: knowing that you have legal experts from Partovi Law PLLC in your corner allows you to focus on your business goals with confidence.
- Compliance: we help ensure that you remain compliant with all relevant laws and regulations, avoiding penalties and legal complications throughout the L1 visa application process.
When to seek legal consultation
- Initial application: seeking legal advice when you first apply can save time and prevent costly mistakes. Early consultation can help you understand the requirements and prepare a strong application.
- Extensions and changes: if you need to extend your stay or change your status, a legal expert can help navigate these changes smoothly. They can assist with gathering additional documentation and ensuring timely submission.
