The L-1 visa classification is a great tool for employers who have an existing corporate relationship with a U.S. company and a foreign company that shares either an affiliate or parent/subsidiary relationship. This classification also helps foreign companies establish a presence in the United States by creating a new organization that allows the foreign company to expand into the U.S. market. The L-1 classification is a valuable tool for international companies working in the home country and the United States. Under certain circumstances, the L-1A classification may also be one of the first steps to lawful permanent residence (green card).
The path to securing an L-1 visa is a complicated process managed by regulations issued by the U.S. Citizenship and Immigration Services (USCIS) and those in the U.S. Department of State’s Foreign Affairs Manual. This article will offer a brief overview, offering insights into the two subcategories – L-1A for executives and managers and L-1B for specialized knowledge roles. For guidance and assistance in obtaining your L-1 visa for your employees or for yourself, it’s best to reach out to an immigration attorney.
From recent USCIS updates to crucial filing fees and optional premium processing, we will guide you through the various steps of this journey. Without further ado, let’s now unravel the intricacies of L-1 Visas and pave your way for a smoother application process.
- What is an L-1 Visa?
- How to Obtain an L-1 Visa: An Overview
- Get help from our Immigration Attorneys
- Frequently Asked Questions
What is an L-1 Visa?
The L-1 is a nonimmigrant work visa that allows certain representatives of either foreign offices of U.S. companies or foreign companies seeking to open an affiliate or subsidiary in the U.S. to be temporarily transferred to the United States. Within this broader L-1 classification, there are two subcategories:
- L-1A – is for those in executive or managerial positions, generally meaning those that possess considerable decision-making authority over core aspects or divisions/departments of the company;
- L-1B – is for workers with specialized knowledge and training in the company’s products, services, or business processes and how it applies to the company’s international business.
Prospective transferees must have been employed as a manager/executive/specialized knowledge professional for at least 12 continuous months out of the previous three years.
The initial duration of an L-1 visa depends on the situation of the petitioning company. If the company is based internationally and is seeking to open an affiliate location in the U.S., then the “new office” classification will be issued an L-1 visa stamp (foil) for one year. However, if the company is an established U.S. company transferring an employee from one of its international affiliates, then the visa will be valid for three years.
Once granted, all types of L-1 visas may be eligible for extensions in increments of up to two years. The absolute maximum stay on an L-1 visa is seven years.
Spouses and unmarried children under the age of 21 may apply for an L-2 nonimmigrant visa to accompany the L-1 employee. The period of validity for their L-2 visas usually matches that of the primary L-1 visa, including any extensions. L-2 visa holders are permitted to work or study for the duration of their stay.
How to Obtain an L-1 Visa: An Overview
Working with an experienced attorney to secure the L-1 classification will allow an employer and a foreign national to have a more streamlined approach. Some of the initial determinations that must be made are:
- Does the foreign national have the required work history with the foreign employer before being transferred to the United States?
- Did the foreign national work with the foreign employer as a direct employee or an Independent Contractor?
- Is there an existing U.S.-based company eligible to receive the foreign national or does the foreign company need to create a “new office”, i.e., an organization that will be affiliated or have a subsidiary relationship to the foreign company?
- Does the foreign company and the U.S. office share an affiliate relationship or parent/subsidiary as defined by the U.S. Citizenship and Immigration Services (USCIS) regulations?
- Does the employing organization have a blanket petition? If so, then the employer asks the foreign national to apply directly at a U.S. Embassy or Consulate General in the home country because the organization has already received approval that the foreign and U.S.-based employer have the requisite relationship. If not, then the the U.S.-based entity must file a Form I-129, Petition for a Nonimmigrant Worker, (with “L Classification Supplement”). New or smaller organizations are required to file a USCIS petition for each employee, whereas if the company is large enough and meets the requirement for a blanket petition, an individual petition for each employee is not required.
Whenever a petition is required, generally, the following information must be provided
- Details about the company;
- Details about the beneficiary and their qualifications for the job;
- The nature of the proposed employment;
- The qualifying relationship between the beneficiary’s current company and the petitioning company.
In any event, unless the foreign national has Canadian citizenship, most applicants will be required to apply for a nonimmigrant visa stamp (or “foil”) before traveling to the United States and applying for admission as an L-1A or L-1B nonimmigrant. Note that the visa stamp generally only denotes the L-1 classification. It is at the border that the foreign national presents the application to be classified as a multinational manager or executive or someone who possesses specialized knowledge.
The nonimmigrant visa application process requires the beneficiary employee to file a DS-160 nonimmigrant visa application with the U.S. Embassy or Consulate General in their home country. This is a separate and distinct process from the USCIS petition the employer previously filed. The rules governing the visa stamping process are centered on the existing relationship between the employee and the employer as well as on determining if the employee personally has any inadmissibility issues that preclude the transferee from receiving the nonimmigrant visa stamp (foil).
Until March 31, 2024, the non-refundable filing fee for Form I-129 and L Supplement will be $460. On April 1, 2024, those fees will increase to $1,135. For small companies and nonprofits, however, the fee will be $695 instead. In addition, the recent increase in filing fees saw the introduction of a new Asylum Program Fee which is $600 for a company that has more than 25 employees. An immigration attorney can help determine if a particular company qualifies for the reduced rate.
Be aware that processing a Form I-129 can take several months. Employers may visit the USCIS Processing Time reports to determine the current processing times. Experience has shown that between 4-8 months is not unusual. Recognizing that business needs require the foreign national to be present in the U.S. faster, an employer may submit Form I-907, which if accepted, the processing time for Form I-129 can be shortened to 15 business days. The current fee for premium processing is $2,805.
Choosing the Right L-1 Visa Immigration Partner
Throughout all the steps listed above, we emphasized the importance of having an experienced attorney to guide you through the application process, particularly to help you spot potential hazards that could otherwise result in delays or denial. No immigration attorney can guarantee a particular outcome, but they should ensure all documentation is in order, that clients are aware of the full scope of available immigration benefits, and, when necessary, can advocate for their clients to help increase the chances of a successful conclusion.
We also encourage finding an immigration attorney with deep specialties within immigration law. When pursuing a nonimmigrant visa that is based on a petition (like the L-1), it is important to secure the services of an attorney with deep experience in the intricacies of those categories.
Finally, there are many online legal firms that offer their services for enticingly reduced fees. However, having an attorney with a local office to the petitioning company ensures the services are as personalized as possible. For your best chances at obtaining an L-1 visa for an executive, manager, or specialist, we recommend choosing a local attorney who can take your entire case into account rather than just offering a discount and big claims without the prowess to back it up.
Levin and Pangilinan PC – Your San Francisco Immigration Experts
With decades of experience, our legal team at Levin and Pangilinan PC has successfully served the visa needs of many businesses throughout the San Francisco Bay area. We know that understanding the requirements for L-1 visas can be overwhelming, but we are here to help. Contact us today, and let us put our skills to work for you.
The information provided in this blog does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this blog are for general informational purposes only.
FAQs About L-1 Visas
Q: What is the main difference between L-1A and L-1B visas, and how do I determine which one is suitable for my specific role?
A: The primary distinction lies in the roles they cover. L-1A visas are for executives and managers, while L-1B visas are for professionals with specialized knowledge. Determining the appropriate visa category depends on the nature of your job responsibilities and qualifications.
Q: Can I apply for an L-1 visa without having prior work experience with the company’s foreign branch or subsidiary?
A: While prior work experience with the company’s foreign branch or subsidiary is often preferred, it’s not always a strict requirement for L-1 visa eligibility. Applicants can still qualify based on their roles, responsibilities, and potential for contributing to the US operations.
Q: Are there specific requirements for the US company to sponsor an employee for an L-1 visa as an executive or manager?
A: Yes, for L-1A visas, the US company must demonstrate that the applicant will primarily perform executive or managerial functions. This includes responsibilities like decision-making, supervision of employees, and strategic planning to qualify for the executive or managerial category.
