In 2022, the L1 visa saw a total issuance of 72,958, reflecting its critical role in supporting international business expansion and facilitating the transfer of specialized knowledge across borders.
The L1 visa is a non-immigrant visa that allows companies operating in the United States and abroad to transfer employees from their foreign offices to their U.S. offices. It is primarily issued to executives, managers (L1A), or employees with specialized knowledge (L1B).
The L1 visa facilitates global business operations, allowing for temporary relocation to the U.S. for up to seven years (L1A) or five years (L1B). It also enables the spouse of the visa holder to work in the U.S.
An L-1 visa allows foreign employees of multinational companies to transfer to the U.S. if they've worked abroad for at least one continuous year in the past three years. The employee must be in an executive, managerial, or specialized knowledge role. To qualify, the company must be actively operating in the U.S. and another country. Simply hiring someone overseas doesn’t meet this requirement.
Further, the company must maintain international operations even after the transfer.
This visa comes in two types:
The L1 visa cannot be self-petitioned. Instead, the US company must file for the employee, who is considered the beneficiary.
The L1 visa permits extended stays and work in the US. It also extends immigration benefits to the visa holder's spouse and children.
Family members of L-1 visa holders, including spouses and unmarried children under 21, can apply for L-2 visas. To obtain an L-2 visa, they must provide a copy of the L-1 visa holder's approval notice, along with their passports and proof of their relationship, such as marriage or birth certificates. If the family members are already in the U.S. under another valid visa, they may be able to change their status to L-2.
Immigration officers must verify that the familial relationship is valid before granting L-2 status.
The L-1B visa is for individuals with specialized knowledge within a company. They possess unique expertise in the company's products or services that are difficult to transfer to others. This knowledge typically comes from years of experience within the company and is crucial for maintaining product or service quality.
Industries such as healthcare, engineering, law, education, and academia often require specialized knowledge professionals for L-1B visa transfers. These individuals are indispensable to company operations.
The employee must have worked for a qualifying organization abroad for at least one continuous year. This should be within the three years before entering the U.S.
The employee must be entering the U.S. to work in an executive or managerial capacity. This can be for the same employer or a qualifying organization.
Definitions:
The ability to make decisions with minimal oversight.
The ability to supervise and control the work of professional employees, manage the organization or a significant part of it, or manage an essential function at a high level. This can be done without direct supervision.
Must have a qualifying relationship with a foreign company. The company should be a parent, branch, subsidiary, or affiliate.
The company must be doing business in the US and at least one other country. This can be directly or through a qualifying organization for the duration of the employee’s stay. "Doing business" involves the regular provision of goods or services, not just having an office or agent.
The applicant must have worked for a qualifying organization abroad for at least one continuous year. This period must be within three years before entering the US.
The applicant must be entering the US to provide services that must specialized knowledge of the organisation’s products, services, research, techniques, or management. Must have advanced expertise in the organization’s processes and procedures.
|
Employee Type |
Maximum Initial Stay |
Maximum Extension |
|
L-1A |
1 year |
Up to 6 additional years (total of 7 years) |
|
L-1B |
3 years |
Up to 2 additional years (total of 5 years) |
To apply for an L-1 visa, you'll need the following documents:
|
Cost Item |
Cost (USD) |
Cost (INR) |
|
USCIS Filing Fee (Form I-129) |
$460 |
₹38,000 |
|
USCIS Fraud Prevention and Detection Fee |
$500 |
₹41,500 |
|
Visa Application Fee for Consular Processing |
$190 |
₹15,700 |
|
Premium Processing Fee (Optional) |
$1,440 |
₹1,19,000 |
|
Public Law 114-113 Fee |
$4,500 |
₹3,73,000 |
The L1 visa processing time is relatively short. Individual petitions take slightly longer than blanket petitions, but the difference is minimal, it takes about 3 to 4 months from application submission to visa processing.
With premium processing, which employers can opt for, approval or denial notification can be received within 1 to 3 weeks.
A Complete Guide on USA Visas in 2024
Your employer determines the validity of your L1 visa when they file Form I-129, setting the contract duration. Upon visa approval, this period is specified on your Form I-94 upon entry to the US.
As your authorized period nears expiration, your employer can request an extension. If approved, your stay in the US can be prolonged.
But, there's a maximum duration for L1 visa holders. For L1A, it's 7 years, and for L1B, it's 5 years. Once you reach this limit, you can explore other options. It often leads to permanent residence in the US.
|
Visa Type |
Maximum Extension Period |
Maximum Total Stay |
|
L1A |
2 years |
7 years |
|
L1B |
2 years |
5 years |
On average, the processing time is around 6 months, but it may extend to 8 months or longer in certain situations. This timeline applies to both regular and blanket L-1 visa extensions. This is because they involve filing the same I-129 petition.
The L1 visa, like the H-1B visa, allows for dual intent. It means holders can apply for a Green Card. And in doing so they do not need to prove intent to return to their home country after their contract ends. They can apply for a Green Card using Form I-140. They can adjust their status through employment, family connections, or other means.
Some L1 visa holders, particularly those with specialized knowledge, may qualify as priority workers for the Green Card. They could potentially get it within a year. Therefore, stating immigration intent to the US as an L1 visa applicant won't affect their application negatively.
Transitioning from an L1 visa to an EB1C green card can be straightforward. This is especially true if you're currently working as a manager or executive in L1A status. Ensure that the US company has been in operation for at least 1 year. Also, verify that your role in the foreign company was managerial or executive.
But, if you're in L1B status as a specialized knowledge worker, the process may be more challenging. You must show that your duties in the foreign company meet the criteria for a manager or executive role. If not, obtaining EB1C approval could be difficult.
The application process involves two steps:
These forms can often be filed concurrently.
Apart from the EB1C option, there are alternative routes to obtain a green card from an L1 visa:
Your US employer can sponsor you for a green card through job offers in the EB-2 or EB-3 visa categories. It requires an approved labour certification. This involves specific job recruitment activities and proving the ability to pay the prevailing wage.
This is an investment-based immigrant visa. It requires investing $1 million in a US business that creates 10 full-time jobs for US workers. In economically depressed areas, the investment requirement may be reduced to $500,000.
This immigrant visa classification is for individuals with extraordinary abilities in their field. To qualify, you must demonstrate sustained national or international acclaim. You must also prove that your continued work in the United States benefits the country.
|
Aspect |
L1 Visa |
H-1B Visa |
|
Objective |
Used for intra-company transfers or establishing a US branch |
Employed by US companies for specialized occupations or for graduate education |
|
Sponsor |
Foreign company sponsoring the applicant |
US-based company sponsoring the applicant |
|
Employer Eligibility |
Multinational company with US branch or new US branch |
US-based organization, including small companies |
|
Educational Requirements |
No strict educational requirement |
Bachelor's degree or higher required |
|
Duration of Stay |
Up to 7 years for L1A, up to 5 years for L1B |
Up to 6 years |
|
Annual Visa Cap |
No cap |
Cap varies annually (e.g., 65,000 visas for employees, 20,000 visas for students) |
|
Prevailing Wage |
No requirement |
Employer must pay prevailing wage |
|
Department of Labor Certification |
Not required |
Required |
|
Transfer |
Not permitted, requires new petition |
Permitted, requires H1B visa transfer petition |
|
Approval from DOL |
Not required |
Required |
|
Blanket Petition |
Available |
Not available |
The L1 visa helps international businesses expand and operate in the U.S. by allowing companies to transfer key employees who have specialized knowledge or leadership skills. Its main goals include:
Unlike the H1B visa, the L1 visa does not allow for extensions beyond its maximum stay limit. Therefore, employers must plan the permanent residency process for L1 employees carefully. Failure to initiate the necessary steps in time could lead to the employee having to leave the U.S. once their L1 status expires.
The L1 visa is considered a "dual intent" visa. This means that employees on an L1 visa can apply for permanent residency (a green card) in the U.S. while still holding their nonimmigrant L1 status. It allows individuals to work in the U.S. temporarily while also pursuing a path to becoming a permanent resident.
L1 visa holders can bring their family with them to the US. This includes their spouse and unmarried children under 21. These family members need an L2 visa to enter the US. With an L2 visa, they can do things like:
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The L1 visa is a non-immigrant visa. It allows companies to transfer employees from a foreign office to a US office.
The L-1A visa is a specific category of the L1 visa for executives or managers being transferred to a US office.
The L1 blanket visa is a streamlined process for multinational companies to transfer multiple employees to US offices.
The L1 visa is for intracompany transferees. While the L2 visa is for dependents (spouse and unmarried children under 21) of L1 visa holders.
Eligible individuals for an L1 visa include: Employees of multinational companies who are being transferred to work in US offices in managerial, executive, or specialized knowledge roles.
The processing time for an L1 visa varies but typically takes around 6 to 8 weeks. It depends on various factors such as USCIS processing times and the completeness of the application.
RFE stands for Request for Evidence, which is a notice issued by USCIS to request additional information or documentation to complete the processing of an L1 visa application.
L1 visa requirements include having employment with a multinational company, being in a managerial, executive, or specialized knowledge role, and meeting specific criteria for the L1 visa category.
The L1 visa is a non-immigrant visa category for intracompany transferees. It allows multinational company employees to work in the US temporarily.
On rejection of L1 Visa, the applicant will receive a notice. It explains the reasons for the denial. They may have the option to appeal the decision or reapply with additional supporting documentation.
H1 and L1 visas are both non-immigrant visa categories used by foreign workers to work in the US. H1 visas are for speciality occupation workers, while L1 visas are for intracompany transferees.
The L1 visa is the overall category. The L1A visa is a specific subcategory within the L1 visa category for executives or managers being transferred to US offices.
The L1B visa is a specific subcategory of the L1 visa for employees with specialized knowledge being transferred to US offices.
When an L1 visa expires, the visa holder must either leave the US or apply for an extension or change of status to continue legally residing in the country.
If an L1 visa extension is denied, the visa holder may have to leave the US. They can also explore other legal options like reapplying with additional documentation or appealing the decision.
Yes, an L1 visa holder can change their status while in the US by applying for a change of status with USCIS.
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