The L-1 visa enables employees of multinational companies to relocate to a U.S. office. If you’re an executive, manager, or a professional with specialized knowledge, this visa might be your best option.
What is the L-1 Visa?
The L-1 visa is a non-immigrant visa, which allows employees of foreign companies to transfer to a U.S. office. To qualify, the applicant must have worked for the company abroad for at least one year in the past three years.
L-1A vs. L-1B: Which Category Applies to You?
- L-1A: For executives and managers overseeing company operations.
- L-1B: For employees with specialized knowledge essential to the company’s business.
How Long Can You Stay?
- L-1A holders: Up to 7 years.
- L-1B holders: Up to 5 years.
Maximum initial stay in L-1 status will be allowed for three years; extensions may be granted in increments of up to two years, until the maximum allowed limit is reached.
Opening a New U.S. Office?
You can apply for an L-1 visa to establish a new office. If you’re opening a new office, your initial visa validity will be one year, with extensions available upon meeting business requirements.
Green Card Pathway: Can You Apply for Permanent Residency?
Yes. L-1A holders can apply for an EB-1C Green Card without labor certification.
Processing Times: How Long Will It Take?
Standard processing times for an L-1 visa vary by location and workload. Premium processing can provide a response within 15 business days.
Key Benefits of the L-1 Visa
- No degree requirement.
- Dual intent: You can apply for a Green Card while in an L-1 status.
- Flexible intracompany transfers across U.S. offices.
Bringing Your Family on an L-2 Visa
Family members of the L-1 visa holder can apply for an L-2 visa. Family members are usually admitted for the same period of time as the principal L-1 holder. Family members are:
- the spouse of the L-1 individual (spouses in the same-sex marriages are treated the same as in opposite-sex marriages), and
- minor unmarried children under the age of 21. When children get married or reach the age of 21, they are no longer eligible to remain in the U.S. in L-2 status.
Are Family Members of an L-1 Nonimmigrant Allowed to Study in the U.S.?
Yes, L-2 family members of the L-1 principal may study in the United States as long as they maintain L-2 status.
Can Spouses of L-1 Nonimmigrants Work in the U.S.?
Yes, spouses in L-2S status can work in the United States without restrictions.
What are the Requirements for an L-1 Visa?
Some of the requirements of the L-1 visa are:
- The U.S. employer must have a qualifying relationship with a foreign company (affiliate, branch, parent company, or subsidiary – called “qualifying organizations”).
- You have been employed abroad by the qualifying foreign company for at least one year in the past three years.
- The U.S. company must currently or in the future be doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the entire duration of your stay in the U.S. The business must be viable, but it is not required to be engaged in international trade.
- You seek to enter the U.S. temporarily.
- You will take on an executive, managerial, or specialized knowledge role in the United States.
Do We Have to Be a Large Company in Order to Use L-1 Visa for Our Employees?
While it is easier to obtain this type of visa for employees of large multi-national companies, the L-1 visa can also be used by small foreign companies that want to expand their business into the United States. However, the U.S. Citizenship and Immigration Services will so closely inspect the submitted documents for compliance with all applicable requirements, that a consultation with an experienced immigration law attorney is strongly recommended for small businesses.
FAQs: Answers to Common Questions
- Can I change employers? No, the L-1 visa is tied to your sponsoring company.
- Is premium processing available for all cases? Yes, USCIS offers premium processing for faster decisions.
- Can I travel outside the U.S. on an L-1 visa? Yes, you can leave and re-enter as long as your visa is valid.
- Can my company sponsor multiple employees for L-1 visas? Yes, through the L-1 blanket petition program.