L1 Visa – Employee Transfer

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. company is not required to obtain a prevailing wage determination. However, the U.S. 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 L-1 visa is to get the 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.

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.

Family Members and Benefits

L1 Visa 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. The spouse is employment authorized and 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 Visa 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 a 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 are able to 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 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 prior to 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 prior to 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 visa 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.

It is essential to work with a highly experienced immigration attorney who can help you understand whether you have the necessary requirements and qualifications for an L1B Visa.

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

In order 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.

L-1 Visa Requirements

To obtain an L-1 Visa, there's a set of requirements that you first must satisfy:

• There must be a qualifying relationship between the foreign or multinational company and the U.S. company. There are three relationships that qualify: parent or subsidiary, branch office, and affiliate;
• The foreign worker coming to the U.S. must have been continuously employed full-time for at least 1 year within the last 3 years by the foreign company before the filing of the petition;
• The employment of the beneficiary with the foreign company must be in a managerial, executive, or specialized knowledge capacity;
• The employment of the beneficiary for the U.S. company must be in a managerial, executive, or specialized knowledge capacity; and
• The beneficiary must have the intent to leave the U.S. at the end of the term of their visa.

L1 Visa Validity Period

1. 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.

2. Reciprocity, Visa Validity, Allowed Entries and One Year New Office Rule
1. U.S. State Department Reciprocity Table: Initial Visa Validity Period

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.

2. Number of Entries on an L1 Visa

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.

3. New Office L-1 Visa Rule

4. 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:

	Description	Notes	L-1 Visa Timeline
Step 1	Documentation Phase and Preparation of Business Plan.	Preparation of a full and detailed list of documents. The immigration lawyer will prepare a customized list of documents based on a case-to-case basis. BThe business plan team prepares an immigration-compliant and detailed business plan.	The documents are requested from the foreign company, the U.S. company, and the beneficiary. The business plan usually takes two weeks to draft.
Step 2	VIBE Registration	Ensure U.S. business is registered in VIBE	The process can take several days.
Step 3	I-129 Petition	Preparation of L-1 Visa Petition on Form I-129 (and the L-supplement). A Form DS-160 must also be submitted to the State Department. Filing of L-1 Visa Petition with the United States Citizenship and Immigration Services (“USCIS”)	The I-129 preparation is also subject to quality review before filing. The typical timeline is 2 weeks after the documentation is complete.
Step 4	I-129 Adjudication	Decision of the L-1 Visa Petition by the USCIS. Adjudication can result in: An approval Request for Clarification (“RFC”) Request for Evidence (“RFE”) Notice of Intent to Deny (“NOID”) Denial	If the beneficiary opts for Premium Processing, the decision will be given within 15 days. Otherwise, the results can take months. I-129 Petitions must be prepared with utmost care as anything other than an approval can prolong processing times by months.

Additional steps for Applicants inside the United States

	Description	Notes	L-1 Visa Timeline
	L-1 Visa Beneficiaries Inside the United States and Change of Status (“COS”)
Step 5		Upon approval of the I-129 Petition/L-1 Visa Petition the beneficiary of the L-1 Visa Petition will have their immigration status automatically changed to “L-1 status”.	Instantaneous upon I-129 approval.
Step 6	Visa Stamping	When a beneficiary with an L-1 Visa status with no more valid visa leaves the United States, they will need to have an L-1 Visa “stamped” on their passport. This process takes place at the local U.S. consulate. No U.S. Visas are currently issued from within the United States.	Consular processing times vary (see below)
	L-1Visa Beneficiaries Outside the United States and Consular Processing
Step 5	Visa Interview	The beneficiary of a successful L-1 Visa Petition will be invited to attend an interview at their local U.S. consulate.	It can take serval months to obtain a visa, depending on the consulate. See State Department Visa Waiting times which vary by consulate.
Step 6	Visa Issuance	Upon successful completion of the L-1 Visa interview, the U.S. consulate will retain the beneficiary’s passport. The passport will then be returned with an L-1 visa stamped inside it.	It can take serval months to obtain a visa, depending on the consulate. See State Department Visa Waiting times which vary by consulate.

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.

Our immigration lawyers are available to give you advice so you can navigate this process efficiently and with minimal expense.

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

If you have any questions, please contact us

L1 Visas For USA

If you have any questions, please contact us

L1 Visa FAQs

Check out our most frequently asked questions about L-1 Visa L1 Visa FAQs

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.