The L1 visa is a non-immigrant visa classification that allows companies to transfer executive, managerial or specialized knowledge employees from an affiliate office abroad to an office in the United States.
This visa is a popular option for companies looking to expand operations in the US or for those that already have an established presence and need qualified staff from other branches.
In the following text, we’ll explain more about the L1 visa, its particularities, subcategories, who can apply for it, how much it costs and the step-by-step process of how to issue it.
What is the L1 visa?
The L1 visa has two main categories: L1-A for executives and managers and L1-B for employees with specialized knowledge. Find out more in the following topics:
L1-A
The L1-A visa is intended for executives or managers transferred to the United States.
To qualify, the employing company must have a qualifying relationship with a foreign company (parent, branch, subsidiary or affiliate) and be doing business in the United States and at least one other country for the duration of the beneficiary’s stay in the U.S. as an L-1.
Executives or managers must have worked for the organization abroad for at least one continuous year in the three years prior to admission to the USA. The maximum duration of this visa is 7 years.
To find out even more information about this type of L1 visa, you can visit the website of the USCIS (U.S. Citizenship and Immigration Services) website..
L1-B
The L1-B visa, also according to the USCIS website, is for employees who have significant specialized knowledge of the organization’s products, services, research, equipment, techniques, management or processes and procedures.
The employee must have worked for the organization abroad for at least one continuous year in the three years prior to their admission to the United States. The maximum duration of this visa is 5 years.
If you want even more information about this subcategory of the L1 visa, check out the USCIS website.
What is the difference between the L1 visa and the other visas?
The L1 visa is unique because it allows the internal transfer of key employees within a multinational company.
In other words, unlike other work visas, such as the H-1B, which are designed to employ foreign workers in specialty occupations, the L1 is specifically for employees who already have a working relationship with the company and who occupy managerial, executive or specialized knowledge positions.
Who can apply for the L1 visa?
Companies that have a branch, subsidiary, affiliate or parent company in the United States are eligible to apply for the L1 visa for their employees.
The employee must meet the aforementioned criteria and be transferring to the US to occupy an executive, managerial or specialized position.
How do I apply for an L1 visa?
Here’s how to apply for the L1 visa and the steps involved in the process:
1. Check if you are eligible for an L1 visa
Before starting the L1 visa application process, it is essential to ensure that you meet the eligibility requirementsestablished by the United States Citizenship and Immigration Service (USCIS).
As we’ve seen, there are two types of L1 visa: one aimed at managers and executives and the other at employees with specialized knowledge.
Make sure you fall into one of these categories before proceeding with the L1 visa application.
2. Request the petition from the American company
Once you have confirmed your eligibility for the L1 visa, the next step is to request a petition from the American company that acts as your branch, subsidiary or affiliate in the United States.
This company must be the direct employer and sponsor of your L1 visa. The process involves the following steps:
- The American company must file Form I-129, Petition for Nonimmigrant Worker, with the USCIS. This form is used to request L1 visa approval on your behalf. Make sure the company is aware of the requirements and deadlines associated with the process;
- Next, you must provide supporting documentation. The American company needs to include evidence that proves the employment relationship with the foreign company, your eligibility and the position you will hold in the United States. This can include contracts, organizational charts, proof of ownership, among other relevant documents;
- Pay the necessary fees. The American company is responsible for paying the processing fees. The fees vary according to the type of petition and can be found on the USCIS website;
- Wait for the petition to be approved. USCIS will review the petition and, if approved, issue a Notice of Approval (I-797). This document is essential for continuing with the visa application process.
3. Fill in the DS-160 form
Once the application has been approved by the American company, the next step is to fill out Form DS-160, which is the Nonimmigrant Visa Application.
This form is filled out online on the website of the US Department of State and is necessary to schedule the interview at the US consulate or embassy in your country of origin.
Make sure you have the information you need to fill out the DS-160 form, including the I-797 application number, personal and professional information and a recent digital photo according to the consulate’s specifications.
4. Pay the visa fee and schedule the interview
After completing the DS-160 form, you will need to pay the L1 visa fee. Visa fees vary depending on the type of visa and can be found on the US State Department’s website.
After paying the fee, you will be able to schedule an interview at the US consulate or embassy in your country of origin.
During the interview, you will be asked about your plans in the United States, your relationship with the company and your eligibility for the L1 visa.
Make sure you bring all the relevant documents, including the original Notice of Approval (I-797) and the completed DS-160 form.
5. Consider hiring immigration advice
Although the L1 visa application process may seem straightforward, it involves a series of complex steps and details that can easily be overlooked.
In this context, it is important to consider hiring experienced immigration advice.
Immigration advisory agencies are institutions that specialize in helping individuals and companies with the immigration process.
They have an in-depth knowledge of US immigration laws and regulations and ensure that your L1 visa application is handled efficiently and accurately.
By hiring an immigration consultant, you get the following benefits:
- Expert guidance at every stage of the process;
- Ensuring that all documents and forms are filled in correctly;
- Greater chance of visa approval;
- Reduction of errors that could delay your process.
Hiring immigration advice may be optional, but it makes a significant difference to the smoothness and efficiency of the L1 visa application process.
How can D4U Immigration help you get your L1 visa?
D4U Immigration is a consultancy specializing in immigration, offering customized solutions for a variety of professional profiles.
With experience in advising on visas, including the L1, D4U Immigration helps with choosing the right visa, preparing documents and providing guidance throughout the process, increasing the chances of success in obtaining a visa.