The L-1 visa is a type of U.S. work visa that allows multinational companies to transfer employees from their offices abroad to the United States temporarily. This visa is designed for key personnel, helping companies maintain their operations in the U.S. while also supporting their global business presence. In this guide, we will explain the L-1 visa in detail, covering who is eligible, the costs and processing time, and how to apply.
Types of L-1 Visas: L-1A vs. L-1B
There are two main categories of L-1 visas:
- L-1A Visa: This is for managers and executives being transferred to a U.S. office. These employees typically oversee a significant part of the organization or manage critical functions within the company.
- L-1B Visa: This is for employees with specialized knowledge, such as an advanced understanding of the company’s products, technology, processes, or services. These workers are essential for sharing unique expertise within the U.S. office of the same company.
L-1 Visa Eligibility: Who Can Apply?
To qualify for an L-1 visa, both the employee (applicant) and the employer (sponsor) need to meet certain requirements.
Employee (Applicant) Requirements:
- Employment with a Qualifying Organization: The applicant must work for a multinational company that has a connection to the U.S. employer (such as being a parent company, subsidiary, branch, or affiliate).
- Position Requirements:
- For the L-1A visa, the employee must be coming to the U.S. to work in a managerial or executive role.
- For the L-1B visa, the employee must possess specialized knowledge crucial to the company.
- One Year of Employment: The employee must have worked for the foreign employer for at least one year in the last three years before applying for the L-1 visa.
Employer (Sponsor) Requirements:
- Qualifying Relationship: The U.S. employer must have a qualifying relationship with the foreign company, such as a parent, subsidiary, or branch office connection.
- Business Activity: The U.S. employer must be actively doing business in the U.S. and have a physical office where the employee will work. If the U.S. office is new, there must be a plan in place to support the employee’s role.
- Employment Offer: The U.S. employer must offer the job and agree to sponsor the visa application.
L-1 Visa Costs
The cost of obtaining an L-1 visa can vary based on several factors, such as whether you are filing for a new petition or an extension, and whether you request premium processing.
- The filing fee for Form I-129 (Petition for Nonimmigrant Worker) is typically $1385 ($695 for smaller employers or nonprofits).
- An anti-fraud fee of $500 may be required in some cases.
- If you opt for premium processing, there is an additional fee of $2805.
L-1 Visa Processing Time
The processing time for an L-1 visa can differ depending on the service center handling the petition and the complexity of the case. In general, L-1 visa processing times are quicker compared to other work visa categories.
- Premium Processing is available for an extra fee, and USCIS typically processes applications within 15-45 calendar days.
How to Apply for an L-1 Visa: Step-by-Step
The L-1 visa application process involves steps for both the employer and the employee.
Employer’s Role:
- File Form I-129: The U.S. employer files this petition with USCIS, providing details about the employee’s position, the relationship between the U.S. and foreign office, and the employee’s qualifications.
- Pay Filing Fees: The employer pays all the applicable filing fees.
Employee’s Role:
- Complete DS-160: After the Form I-129 is approved, the employee must fill out the DS-160 form online to apply for a nonimmigrant visa.
- Pay Visa Application Fee: The employee pays the required visa application fee.
- Schedule and Attend Visa Interview: The applicant schedules an interview at the U.S. Embassy or consulate in their home country. The interview will require supporting documents, such as a valid passport and proof of employment.
Frequently Asked Questions about the L-1 Visa
What is the difference between the H-1B and L-1 visa?
The H-1B visa is for individuals with specialized skills sponsored by a U.S. employer, while the L-1 visa is for employees of multinational companies who are being transferred to a U.S. office. The H-1B visa has a lottery system, whereas the L-1 visa does not. Additionally, L-1 visa holders can only work for the sponsoring company, while H-1B holders can change employers.
Is the L-1 visa lottery-based?
No, the L-1 visa is not subject to a lottery like the H-1B visa. As long as both the applicant and employer meet the requirements, the L-1 visa application can proceed without a lottery.
Is the L-1 visa better than the H-1B visa?
The L-1 visa is better for employees of multinational companies who are transferring to the U.S. It does not involve a lottery, and spouses of L-1 holders can work in the U.S. without restrictions. The H-1B visa, on the other hand, is suitable for specialized occupations and may offer more job flexibility.
What are the benefits of the L-1 visa?
The L-1 visa offers several advantages, including the ability to transfer employees between offices, faster processing times, no annual cap or lottery, and work authorization for spouses (L-2 visa holders). It also allows the possibility of applying for a green card (permanent residency).
How long can you stay in the U.S. on an L-1 visa?
The length of stay on an L-1 visa depends on the category:
- L-1A visa holders can stay for up to seven years.
- L-1B visa holders can stay for up to five years.
Can I apply for a green card on an L-1 visa?
Yes, L-1 visa holders can apply for a green card through adjustment of status while maintaining their temporary visa status. The L-1 visa is considered a dual-intent visa, which allows holders to seek permanent residency while still working in the U.S.
Can your spouse work on an L-1 visa?
Yes, spouses of L-1 visa holders can apply for an L-2 visa, which automatically grants them work authorization in the U.S. However, the spouse’s work authorization is tied to the L-1 visa holder’s employment status.
The L-1 visa provides an excellent option for multinational companies to transfer key employees to the U.S. It allows both businesses and workers to benefit from the opportunities the U.S. offers, with various advantages including no annual cap, faster processing, and the ability for spouses to work. By understanding the requirements and following the application process, employees and employers can make the most of this valuable visa option.
