L-1 Visa 2024: Everything You Need to Know
What is the L-1 Visa?
The L-1 visa is a non-immigrant visa for intracompany transferees, allowing multinational companies to transfer employees from foreign offices to the U.S. temporarily. This visa helps companies bring key personnel to the U.S. to manage operations, oversee projects, and share specialized knowledge while maintaining their global presence.
L-1A or L-1B?
The L-1 Visa has two types:
L-1A
This type is for managers and executives transferring to a U.S. office that is a subsidiary, branch, affiliate, or parent company of their foreign employer. The L1A visa allows for an initial stay of up to three years, which can be extended in two-year increments up to a maximum of seven years.
L-1B
This type is for employees with specialized knowledge who are being transferred to a U.S. office of the same multinational company. Specialized knowledge refers to advanced expertise in the company’s products, processes, technology, or other areas. The L1B visa permits an initial stay of up to three years, with the possibility of extension up to a maximum of five years.
In both cases if the candidate has exhausted their 6 years of time on the H-1B visa they will not be able to change to an L-1.
L-1 Visa Requirements
To be eligible for the L-1 Visa both the candidate and sponsor must meet the following requirements:
For the Candidate (Employee)
- Employment with a Qualifying Company/Organization: The employee must be currently employed by a qualifying multinational company with a relationship to the U.S. employer. The company must be a parent company, subsidiary, affiliate, or branch office of the U.S. entity.
- Role Qualification:
- For L-1A (Managers and Executives): the employee must be coming to the U.S. to work in a managerial or executive role. This involves overseeing a significant portion of the organization’s operations or managing a critical function.
- For L-1B (Specialized Knowledge): the employee must possess specialized knowledge of the organization’s products, services, technology, or procedures. In other words, employees must have knowledge not commonly possessed by other employees in the industry.
- At Least One Year of Employment: Before applying for the L-1 visa the employee must have worked for the foreign company continuously for at least a year.
For the Sponsor (Employer)
- Qualifying Relationship: The U.S. employer must have a parent, subsidiary, affiliate, or branch office relationship with the foreign company that employs the visa holder.
- Active Business in the U.S: The U.S. employer must be actively doing business and have a physical office where the employee will work. In the case of a new office, the U.S. entity must showcase a plan to support the employee’s role.
- Employment Offer: The U.S. employer must provide a valid employment offer to the employee and file an L-1 petition with U.S. Citizenship and Immigration Services (USCIS) on the employee’s behalf.
The L-1 Visa Process: A Step by Step Guide
Both the candidate and sponsor must carry out the following steps:
For the Sponsor (Employer)
- File Form I-129: The U.S. employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. This petition includes a detailed description of the job position, evidence of the qualifying relationship between the foreign employer and the U.S. entity, and evidence of the beneficiary’s eligibility and qualifications.
- Pay Government Filing Fees: The employer must pay the required filing fees for Form I-129 and any additional fees, such as the anti-fraud fee or premium processing fee, if applicable.
For the Candidate (Employee)
- Complete DS-160 Application: Once the Form I-129 petition is approved, the candidate should complete the Form DS-160 (Online Nonimmigrant Visa Application) on the Consular Electronic Application Center (CEAC) website.
- Pay Visa Application Fee: After filing Form DS-160, the applicant will need to pay the required visa application fee to the U.S. Embassy or consulate where the visa interview will be scheduled.
- Schedule & Attend Visa Interview: Next, the applicant can schedule an appointment for a visa interview at the U.S. Embassy or consulate in their home country.
For your interview, bring:
- A valid passport (at least six months beyond your planned entry date to the U.S.)
- The confirmation page from your Form DS-160
- Copies of your approved I-129 petition and I-797 approval notice
- Fee payment receipts
- A passport-sized photo meeting U.S. State Department requirements
- You can check your L-1 Visa case processing time here: https://egov.uscis.gov/processing-times/
How much does the L-1 visa cost?
| Fee Description | Amount |
|---|---|
| Filing Fee | $695 |
| Asylum Program Fee | $300 |
| Anti-fraud Fee | $500 |
| Premium Processing Fee(optional, but highly recommended) | $2,805 |
| Estimated Totals(without and with Premium Processing) | $1,495 - $4,300 |
FAQ
How long is the L1 visa valid for?
An L-1 visa is initially granted for three years, with possible extensions: two extensions for L-1A and one for L-1B. After reaching the five-year limit for L-1B or the seven-year limit for L-1A, and if unable to switch to another visa or obtain a Green Card, the holder must remain outside the U.S. for at least one year before reapplying for an L-1 visa.
When can I enter the U.S. on an L-1 visa?
You may enter the U.S. up to ten days before the start date on your I-797 approval notice. At the port of entry, you can request that your I-94 card be issued with an additional ten days beyond the expiration date of the I-797 approval notice.
Can I transfer to another company on an L-1 visa?
Yes, you may transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. The candidate can also apply for another visa pathway such as the H-1B or O-1 visaYou must notify the U.S. Citizenship and Immigration Services (USCIS) of any significant changes in your employment.