L1 Visa Guide: Everything You Need To Know About L-1 Visa

Benefits of L1 Visa

No Quotas

Compared to other Visa categories, there are no limits on how many L1 visas are approved each year. This means that L-1 petitions can be filed any time and if approved by USCIS, the beneficiary can apply for the Visa at a US embassy/consulate anytime.

No Prevailing Wage Determination Requirement

Unlike with H-1B, the petitioning U.S. parent company is not required to obtain a prevailing wage determination. However, the U.S. parent company will still have to comply with the state and federal laws on minimum wage and the proposed salary should be comparable to the current rates for the same position/title in the area.

Processing Times for L1 Visa

The first step in obtaining an L1 visa is to get the I-129 petition approved by USCIS. Processing times for L-1 petitions may take up to six months or even longer, but there is an option to file a request for premium processing with USCIS by paying an additional fee of $2,500. Premium processing reduces the processing times to 14 days.

After getting the petition approved, the beneficiary will then have to apply for the visa at the embassy. Appointment wait times vary at every embassy and consulate. It usually takes a couple of weeks to get an appointment. If you have been issued a U.S. visa in the past, you may even be eligible for a waiver of an interview. Please contact our firm to ask about L1 visa processing at specific consulates.

Family Members and Benefits

L1 holders are permitted to take their spouses and unmarried children under 21 years old to accompany them to the U.S. through the L2 visa. An L2 spouse is entitled to employment authorization, and with that employment authorization document, may work for any U.S. employer. Meanwhile, your children can study in the U.S. on their L2 visa.

Immigration Benefits for Family Members

L1 holders are permitted to take their spouses and unmarried children under 21 years old to accompany them to the U.S. through the L2 visa. Meanwhile, your children can study in the U.S. with their L2 visa.

Tax Advantages

Depending on how long you stay in the U.S. in a given tax year, it may be possible that you will not be classified as a U.S. tax resident. you should consult with our firm's tax lawyer or your own tax professional to fully understand the tax implications on the L-1 visa.

Transition to Green Card

An L1 Visa is also called a "dual intent visa" because you can apply for a lawful permanent resident status for the duration of your stay. This is in contrast with other work visas where pursuing a green card would violate your status. The criteria for L1-A is very similar to the criteria for the EB1C Visa category for Multinational Managers or Executives.

Who Qualifies for an L-1 Visa?

There are different sets of qualifications for the employer and the employee prescribed by the L-1 Visa.

Qualifications for the employer (L1A Manager and Executive Visa):

• The foreign company and the U.S. company must have a qualifying relationship that can be in the form of a parent, sister, subsidiary, or affiliate company.
• The petitioning company must be doing business as an employer in at least one other country and the U.S. for the duration the L-1 beneficiary stays in the U.S. If the petitioning company is not currently doing business in the U.S., they must have feasible plans to do so with necessary supporting documentation.
• The beneficiary must have worked for the company for a minimum period of 1 continuous year within the last three years before their transfer.
• The beneficiary must have worked for the company in an executive or managerial position or as a specialized knowledge worker and will continue to do so in the U.S.
• They must signify their intent to return to their home country upon the expiration of their visa, and they must only work for the U.S. company specified in their application.

Qualifications for the employee (L1B Specialty Worker Visa):

• The foreign company and the U.S. company must have a qualifying relationship that can be in the form of a parent, sister, subsidiary, or affiliate company.
• The petitioning company must be doing business as an employer in at least one other country and in the U.S. for the duration the L-1 beneficiary stays in the U.S. If the petitioning company is not currently doing business in the U.S., they must have feasible plans to do so with necessary supporting documentation.
• The beneficiary must have worked for the company for a minimum period of 1 continuous year within the last three years before their transfer.
• The beneficiary must have worked for the company in an executive or managerial position or as a specialized knowledge position and will continue to do so in the U.S.
• They must signify their intent to return to their home country upon the expiration of their visa, and they must only work for the U.S. company specified in their application.

What Is an L1-A Visa for Managers and Executives?

The L1-A visa allows an employee with a managerial or executive position or specialized knowledge to transfer to the United States. The employee transfers from an overseas business to a subsidiary, affiliate, or branch U.S. company.

An L1-A petitioner must exhibit a clear managerial or executive capacity and responsibilities with significant authority from the foreign company until their transfer to the U.S. business.

The L1A visa is initially valid for 3 years if the US firm has been in operation for at least one year. It can then be renewed in two-year increments to a maximum of up to seven years.

It is considered a New Office L-1A application if the U.S. business has not been fully operational for at least a year. The New Office L1 is valid for just one year, but you can apply for extension in increments of two years.

After seven years, the foreign workers holding an L-1A visa must return to their country of origin or transfer to another visa. L-1A beneficiaries may potentially transition to become permanent residents of the U.S. under the EB1C visa classification for multi-national managers and executives.

If you have any questions on different visa categories, please contact us

What Is An L1B Specialized Knowledge Employee Visa?

The L1-B specialist worker visa allows for the transfer of employees with specialized knowledge from the foreign company to the US affiliate, subsidiary, branch or parent of the same company.

“Specialized knowledge” is ambiguous and can be open to multiple interpretations. This knowledge must be unique enough to set you apart from others who have similar years of experience and levels of expertise in the company.

Davies & Associates offers initial consultations with an experienced L1 visa attorney to help you determine whether you have a strong case for applying for the L1B Visa.

How To Open an L-1 Qualifying Business In The USA

Using an L-1 Visa to start a business in the U.S. is commonly used by non-citizens of countries that are not on the E-1 and E-2 treaty list.

Forming a U.S. Business can be very straightforward. Here are the things that you need to consider:

• Forming a US Business
• Obtaining a US Federal Taxation Registration
• Obtaining a State Tax Registration
• Opening a Bank Account
• Obtaining Necessary Licenses and Permits
• Filing to Protect your Trademarks and Patents
• An employee agreement that protects your trade secrets and client lists
• I-9 and Other Compliance Issues
• Registered in VIBE
• Trademark Registration
• If applicable, the drafting or reviewing of a franchise agreement

To qualify for an L-1 visa where a new office is involved, you need to submit evidence such as:

• The sufficient physical premises for the new office;
• The financial ability to commence doing business in the U.S.;
• The intended U.S. operation that will support a managerial or executive position within 1 year, if the beneficiary is coming to the U.S. as a manager or executive; and
• The beneficiary meets the 1-year continuous employment requirement.

Davies & Associates is a legal specialist with a corporate legal team that can assist you with any legal issues in setting up a New Office L1 Visa.

New Office L1 Petitions

When applying for an L1 visa for a new office of a US business, special regulations come into play.

Defining a New Office:

A new office refers to a company that has been engaged in business operations in the US through a parent, branch, affiliate, or subsidiary for less than one year.

To qualify as "doing business," it must involve the consistent and systematic provision of goods and/or services, as outlined in the Code of Federal Regulations Section 214.2(l). Merely having a physical office presence in the US isn't sufficient; there must be active business activities.

Heightened Scrutiny for New Office Petitions:

Petitions for L1 visas related to new offices undergo stricter scrutiny. To enhance your chances of approval, it's advisable to include a comprehensive business plan with your petition.

Key factors that USCIS examines in new office L1 applications include:

1. The level of investment.
2. Planned personnel structure.
3. Physical premises where business operations will occur.
4. The viability and sustainability of the foreign company.

Ensuring thorough consideration of these factors can bolster the success of your new office L1 visa application.

L-1 Visa Requirements

When applying for an L1 Visa, there are requirements that both employers and employees must meet. We have highlighted these requirements below so you can be properly guided:

For the employer:

• A qualifying relationship. The US company must have a qualifying relationship, either as a branch office, subsidiary, parent, affiliate, etc. with the foreign company.
• A physical office. If it is for the establishment of a new U.S. office, there must be adequate physical premises secured.
• Engaged in business in the U.S. The petitioning employer must be conducting business in the U.S. and another country for the entire duration of the employee's stay in the U.S.

If you're an employee applying for an L1-A Visa, you can also click here to check the full requirements and qualifications.

For the L1-A Employee:

• Continuous 1-year employment. You should have worked in the foreign company continuously for at least a year within the 3 years before your transfer.
• Managerial or executive position. You should be working in the foreign company in a managerial or executive capacity.
• Employment with the qualifying organization. You should be sent to a U.S. company which has a qualifying relationship with the foreign company and will be assuming the same managerial or executive role.

Please take note that you don't need to prove that you're employed full-time in the company but instead that a regular and large portion of your time is dedicated to the company. Moreover, there are no salary or national restrictions for this visa.

For the L1-B employee:

• Continuous 1-year employment. You should have worked in the foreign company continuously for at least a year within the 3 years before your transfer.
• Specialized knowledge position. You should be working in the foreign company in a specialized knowledge capacity.
• Employment with the qualifying organization. You should be sent to a U.S. company which has a qualifying relationship with the foreign company and will be providing your specialized services or knowledge.

Aside from the general qualifications, there are various relevant documents that you need to submit with your petition to prove your qualifications and eligibility. You and your employer must be cautious in filing the forms and documents as this may lead to possible denial or delay.

Generally, you would need to submit the following documents with your petition:

• Evidence of the qualifying relationship between the foreign company and the U.S. company
• Evidence that you have worked continuously for a year within the 3 years before your transfer
• Evidence that you have worked in a managerial, executive or specialized knowledge capacity for a foreign company
• Evidence that you will be assuming the same role upon your transfer to the U.S. company.

Moreover, the foreign company must include the following documents with the petition:

• The articles of incorporation
• The certification of incorporation
• Stock certificates
• Financial statements and business tax returns
• A copy of the office lease and pictures of the business
• Organizational chart of the company
• Company promotional materials
• A detailed statement from an authorized representative about the control and ownership of the company.

The U.S. company is also required to include the following documents:

• The articles of incorporation
• The corporate by-laws
• Stock certificates
• Business license and financial statements
• The company's organizational chart and detailed business plan
• Company promotional materials
• A detailed statement from an authorized representative about the control and ownership of the company.

As for the transferring employee, this must be submitted:

• A copy of your passport
• Resume or Curriculum Vitae
• Your job description and duties both with the foreign company and the U.S. company
• Any evidence that demonstrates the range of your employment with the foreign company.

Please take note that the list above is not exhaustive and you may need to submit other and additional documents to prove your eligibility for the visa. If you have hired an immigration lawyer to help you with your application, they can help determine the list of documents you would need to submit based on your circumstances.

If you so desire, you can also check more about the requirements on L1 Visa to learn more about the key criteria in being eligible for the visa.

L1 Visa Duration/Validity

Maximum L-1 Visa Validity Period

L-1A visas have an initial period of a maximum of 3 years and can be extended up to a maximum term of 7 years plus time spent outside the United States while on an L1-A visa otherwise known as “Recapture Time”

L-1 B visas have an initial period of a maximum of 3 years but can only be extended up to a maximum term of five (5) years plus Recapture Time.

Reciprocity, Visa Validity, Allowed Entries and One Year New Office Rule

1. U.S. State Department Reciprocity Table: Initial Visa Validity Period
2. The initial validity of an L1 visa in USA is determined by something called the “Reciprocity Schedule”. Each country has its own reciprocity schedule for the L1 Visa. Some countries have longer visa validity periods than others, some examples are given below. You can find your country on the State Department’s website.
   
   The reciprocity schedule determines the maximum length of validity for the initial visa. After this time period, an applicant can renew their L-1 visa in USA up to a maximum of seven (7) years for an L1A visa and five (5) years for an L1B visa.
3. Number of Entries on an L1 Visa
4. An L-1 visa holder may be granted a limited or “multiple” number of entries on their L1 visa, based on the reciprocity schedule of their country of origin. When the maximum of U.S. entries is met, the L-1 visa holder will have to obtain a new L-1 visa for future U.S. entries.
5. New Office L-1 Visa Rule

Applicants for “New Office” L-1 Visas are all initially granted a maximum of 1-year visa. This allows the USCIS to check the progress of the establishment of the new U.S. office.

If sufficient progress has been granted, it can then be extended in increments of two years up to the standard maximum of five or seven years for L1A and L1B visas respectively.

L1 Visa Application Process

In getting started with your L-1 Visa application process, there are a few basic steps that you must follow:

Step 1. You must first file a petition on Form I-129 with the USCIS.

Step 2. You must have supporting documentation proving that the U.S. company and the foreign company meet the qualifying requirements.

Step 3. The USCIS will provide the approval of Form I-129 through Form I-797. This notice can be used as a basis for your L-1 petition.

Take note that the applicants who are already in the U.S. during the filing of the I-129 can request a change in status from non-immigrant, and only after the L-1 Visa has been approved that your dependents can apply for an L-2 Visa.

Meanwhile, if your company has a combined U.S. revenue of at least $25 million or has a minimum of 1,000 employees working in the U.S., they are eligible for an L-1 Blanket Petition which allows them to file a single petition for multiple employees.

For all L-1 visas the first steps are the same:

Additional steps for Applicants inside the United States

L1 Extensions

L1A Extensions:

Initially, L1A visas for managers and executives are granted for a duration of 3 years. These visas can be extended twice, each time for a period of 2 years, allowing for a maximum stay of 7 years in the US under L1A status.

L1B Extensions:

For specialized knowledge workers under the L1B category, visas are initially issued for 2 years. Similar to L1A visas, L1B visas can be extended twice, but each extension is for a duration of 1 year, allowing for a total stay of 5 years in the US under L1B status.

New Office L1 Extensions:

New office L1 visas are initially granted for a period of 1 year. To extend an L1A visa for managers and executives, the petitioner must demonstrate that the US company is still in need of a managerial or executive position. This typically involves ensuring that the US company has sufficient staff to manage daily operations.

Differences Between New Office Extensions and Existing Office Extensions:

For extensions of L1 visas related to new offices, it's crucial that the specific foreign company that sponsored the initial petition remains operational. This is a requirement for the extension to be approved.

In contrast, for extensions of L1 visas related to existing offices, the specific foreign company that initially sponsored the petition does not necessarily need to remain operational. Instead, there must be a qualifying relationship between a foreign company and the US company during the period of L1 status. However, it's not mandatory for it to be the same foreign company that the individual worked for initially.

L1 Blanket Visa

The L1 blanket visa is designed for employers who frequently utilize the L1 visa program to transfer foreign workers.

Benefits of L1 Blanket Visa:

With an L1 blanket visa certification, L1 employees can directly apply for their L1 visa at the consulate without needing prior approval of their I-129 petition.

Qualifications for L1 Blanket Visa:

To be eligible for L1 blanket certification, the following criteria must be met:

• The US company and all associated entities (parents, subsidiaries, etc.) must be involved in commercial trade or services.
• The US company must have had an operational office in the US for at least one year.
• The US company must have three or more domestic and foreign branches, subsidiaries, or affiliates.
• The US company and all qualifying organizations must fulfill one of the following conditions:

1. Have obtained approval for at least 10 L1 worker petitions within the past year.
2. Have US subsidiaries or affiliates with a combined annual revenue of at least $25 million.
3. Employ a US workforce of at least 1,000 employees.

These requirements are outlined in the Code of Federal Regulations Section 214.2(l).

Preparing to File an L-1 Visa

Prior to filing a petition for an L-1 Visa, there are several documents that must be prepared both by the foreign company and the beneficiary/ We have summarised below the document checklist that needed to be submitted in support of the petition:

Foreign Company Documentation

Generally, these documents are expected from the overseas business entity:

• Your lawyer’s long-form certificate of Good Standing, which is usually expected by the consular staff
• Articles of incorporation
• Business license
• Filings for income tax in the past three years
• Accounting reports that were audited (e.g., profit and loss statements, balance sheets, cash flow reports, etc.)
• An organizational chart, that indicates the total number of employees and the position held by the transferee
• Company brochure or product introduction.
• Documents that show business transactions (e.g., letters of credit, invoices, bills of lading, letters of credit, commercial contracts, etc.)
• Bank statements or transactional records
• A company letterhead with company logo, name, and address (several sheets)
• The pictures of the company's main office, factories, or buildings (disregard if already included in a company brochure or product introduction)

L-1 Beneficiary Documentation

Generally, these documents are expected from the foreign worker or L-1 Visa beneficiary:

• Current passport
• Recent passport-size coloured photograph
• Resume
• Diploma
• Form DS-160
• Interview appointment letter, both original and photocopy
• Visa issuance fee demand draft
• Employment verification letter from the foreign company
• Information regarding the U.S. company
• Bank records from the previous 6 months
• Letter of reference from colleagues
• The board resolution or appointment documents verifying the transfer of the foreign worker to the U.S.
• Receipt number of I-129 petition along with its physical copy
• Any other documents showing the transferee's ability to conduct business in the executive, managerial, or specialized knowledge capacity

Other types of U.S. Visas for Entrepreneurs and Businesses

There are other types of entrepreneur and work visas you can obtain to acquire permission to work in the United States. However, the process can be complicated and would require a working knowledge of the different Visa options that are available.

If you want to know which visas you can apply for or petition for to start a business or work in the U.S., you can click here for more information.

US Entrepreneur Visas

The United States is also referred to as the land of opportunity, where one can achieve anything no matter who they are, and thus, the country has been welcoming for investors and entrepreneurs looking for business growth.

There are different Entrepreneur Visas for the United States which you can apply for if you want to enter the global market.

L1 Visas For Small Business

Watch our video to learn more about L1 Visas for small and medium sized enterprises

L1 Visas For USA

If you have any questions, please contact us

US Immigration Options for Italian Nationals: L1 Visas for Italian Business Owners & Transferees

Italy is a nation of entrepreneurs and business owners, many of whom seek their fortunes overseas. Click here for more information about L1 Visas for Italian Business Owners & Transferees

Latest news & Reference links

• New Consular Fees for Non-Immigrant Visas - March 31, 2023.

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