L1 Intracompany Transferee Visa

The L-1 visa is designed for employees who are temporarily transferred to the United States to work within the same company or organization. 

OVERVIEW OF STEPS

• employee has worked for the foreign office for at least one year in the last three years.

• File Form I-129: The U.S. employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS, along with supporting documents proving the employee’s qualifications and the company's operations.

• USCIS Approval: USCIS reviews the petition. If approved, they issue an I-797 approval notice.

• Apply for Visa: If outside the U.S., the employee completes Form DS-160, schedules a visa interview at a U.S. consulate, and submits required documents (passport, I-797, DS-160 confirmation, etc.).

• Visa Interview: Attend the interview at the consulate. If approved, receive the L-1 visa.

• Enter the U.S.: Once the visa is granted, the employee can travel to the U.S. to work for the employer.

• Dependents: Spouse and children (under 21) can apply for L-2 visas to accompany the L-1 holder.

The L-1 visa is designed for employees who are temporarily transferred to the United States to work within the same company or organization. This visa allows managers, executives, or employees with specialized knowledge to work in the United States. It is important to note that the L-1 visa is not a traditional work visa; its primary focus is on facilitating the transfer of employees between international company branches, rather than general employment. With an L-1 visa, you can engage in management, leadership, or specialized tasks within your company’s U.S. operations.

Once the L-1 visa is approved, the applicant can enter the U.S. to work for the employer in the designated role. The visa holder must comply with the terms and conditions of the visa, including maintaining their status as an employee of the petitioning company.

The L-1 visa holder is permitted to work only for the employer that filed the petition, and any change of employer or job role typically requires filing a new petition.

In a brief summary, you need a USA L-1 visa when you:

• Work for a company that has both a U.S. and a foreign office.

• Are a manager, executive, or employee with specialized knowledge.

• Are transferring to the U.S. to work in your company's U.S. branch.

Eligibility Requirements

To be eligible for an L-1 visa, you must meet the following requirements:

• You must work for a company that has an affiliated office in both your home country and the U.S.

• You must have worked for your company abroad for at least 1 year within the last 3 years.

• You must hold a position as manager, executive, or contain specialized knowledge within your company.

• You must intend to return to your home country after your U.S. assignment ends.

Application process

The application process for an L-1 visa involves several key steps. Here's a clear overview of the process:

1. Eligibility Verification

• The employer must be a multinational company with an affiliated office in the U.S. and abroad (e.g., parent company, branch, subsidiary, or affiliate).

• The employee must have worked for the foreign company for at least one continuous year in the past three years in a managerial, executive, or specialized knowledge role.

2. Employer Files Form I-129 (Petition for a Nonimmigrant Worker)

• The U.S. employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS).

• The employer submits supporting documents, such as proof of the company's operations in both the U.S. and abroad and the employee's job qualifications.

3. USCIS Processing

• USCIS reviews the petition, including verifying the employer’s eligibility and the employee’s qualifications.

• If USCIS approves the petition, they issue an I-797 approval notice, which confirms the employee’s eligibility for an L-1 visa.

4. Apply for the L-1 Visa at a U.S. Consulate

• Complete Form DS-160: The employee fills out the online DS-160 form, which is the standard non-immigrant visa application.

• Schedule Visa Interview: The employee schedules a visa appointment at the U.S. embassy or consulate in their home country or current country of residence.

• Submit Visa Documents: The employee submits required documents for the interview, including:

  • A valid passport

  • DS-160 confirmation page

  • I-797 approval notice

  • Visa application fee receipt

  • Passport-sized photographs

  • Additional supporting documents (proof of employment, job description, etc.)

5. Visa Interview

• The employee attends the visa interview at the U.S. consulate. A consular officer will ask questions to assess the application.

• If the officer approves the visa, the employee’s passport is stamped with the L-1 visa.

6. Travel to the U.S.

• Once the visa is granted, the employee can enter the U.S. and begin working for the employer in the approved role.

7. Dependents (L-2 Visa)

• The employee’s spouse and unmarried children under the age of 21 can apply for L-2 visas to accompany the L-1 visa holder.

8. Duration of Stay and Extensions

• L-1A visa holders (executives/managers) can stay up to 7 years.

• L-1B visa holders (specialized knowledge workers) can stay up to 5 years.

• Extensions may be granted if the employee continues to meet eligibility criteria.

DOCUMETATION TO PREPARE FOR SUBMISSION:

When applying for an L-1 visa, both the employer and employee need to prepare specific documents. Here's a comprehensive list of documents to gather:

For the Employer (Petitioner):

1. Form I-129 – Petition for a Nonimmigrant Worker.

2. I-797 Approval Notice – If USCIS has approved the petition.

3. Company Documents – Proof of U.S. and foreign company operations and their relationship.

4. Employee Job Description – Detailed role and responsibilities in the U.S.

5. Employee Qualifications – Proof of the employee’s experience (e.g., pay stubs, resume).

6. Employee Employment History – Proof the employee worked at the foreign office for at least 1 year in the last 3 years.

For the Employee (Beneficiary):

1. Form DS-160 – Completed online visa application.

2. Passport – Valid for at least 6 months beyond intended stay.

3. Passport Photos – As per U.S. visa requirements.

4. Visa Application Fee Receipt – Proof of fee payment.

5. I-797 Approval Notice – Copy of the USCIS approval.

6. Employment Proof – Pay stubs, job description, and proof of past work at the foreign company.

7. Resume or CV – Professional work history.

For Dependents (L-2 Visa):

1. Form DS-160 – For each dependent (spouse/children).

2. Marriage Certificate – For spouse.

3. Birth Certificates – For children under 21.

4. Passport Photos – For each dependent.

Additional (if applicable):

1. Blanket L-1 Petition – If using a blanket petition for multiple employees.

2. New Office Documents – If the U.S. office is new, provide proof of establishment plans.

The L-1 visa process can be complex. Consulting with an immigration attorney can help ensure that the petition is filed correctly and that all eligibility requirements are met.

Period of Stay with L1 visa

L-1 visa holders typically receive an initial stay of 1 to 3 years. The duration depends on your role and the specifics of the company’s operations. Extensions are possible, with the maximum stay being:

• L-1a visa (Managers and Executives): up to 7 years.

• L-1b visa (Employees with specialized knowledge): up to 5 years.

L-1 Visa Costs

The application fee for the L-1 visa is approximately € 198. This fee is non-refundable, regardless of the application's outcome. There may be an additional fee for the visa processing, depending on your nationality or specific circumstances. Additional costs may also include legal or administrative fees. The fee must be paid by all applicants, and it is not transferable to other individuals.

Special Considerations

• New Office Petition: If the U.S. office is a new business, the L-1 visa petition can be approved for an initial stay of one year, with the possibility of extensions after the company establishes its operations.

• Blanket L-1 Petition: Large multinational companies may apply for a blanket L-1 petition, which streamlines the application process for qualifying employees across different positions and locations within the company.

Simplifying Your Visa Application

The L-1 visa application process can be complex, especially when it comes to preparing the required visa documents and fulfilling all the eligibility criteria. Visa applicants should be mindful of processing time, as delays can occur due to incomplete documentation. To minimize the risk of mistakes or delays, it’s wise to seek guidance from professionals experienced in U.S. visa procedures. With expert assistance, you’ll have a clearer path through the process and increase your chances of a successful application. Opting for professional support can ensure that your application is thorough, accurate, and efficiently handled from start to finish.

If you are considering a longer-term stay in the U.S., the L-1 visa may also serve as a potential stepping stone to applying for a Green Card in the future. By transferring to a U.S. company and gaining further experience in the country, you may be eligible to transition to permanent residency.