1. What is an L-1 Visa?

An L-1 visa is a type of nonimmigrant visa issued by the U.S. government which allows a foreign national to enter the United States for the purpose of transferring skills, knowledge, or expertise to a U.S. company in an executive or managerial capacity. This type of visa is typically used for intra-company transfers, allowing employees of an international company to work in their affiliate offices in the United States.

2. What are the requirements for obtaining an L-1 Visa?

In order to obtain an L-1 Visa, the applicant must meet the following requirements:

1. The applicant must be an executive, manager, or specialized knowledge worker employed by a parent, branch, affiliate, or subsidiary of the same employer outside the U.S. for at least one continuous year in the past three.

2. The employee must be coming to work for a parent, branch, affiliate, or subsidiary of the same employer inside the U.S. in an executive, managerial, or specialized knowledge role.

3. The employer must have a valid relationship (as defined by U.S. immigration law) with its foreign entity, and both entities must continue to do business throughout the duration of the L-1 Visa.

4. The employer must be able to demonstrate that the applicant’s presence in the United States is necessary to further its business interests.

5. The applicant must have a valid passport and be admissible to the United States under immigration law.

3. What types of organizations qualify for an L-1 Visa?

Organizations that qualify for an L-1 Visa include businesses that are owned or controlled by the same employer, parent company, branch, subsidiary or affiliate. This includes organizations that are related through shared ownership and control, as well as organizations operating in different countries but under common control or ownership. The affording entity must also meet specific criteria in order to qualify for the visa.

4. What is the duration of an L-1 Visa?

The duration of an L-1 visa depends on the type of visa and the situation. The L-1A visa has a maximum validity of 7 years, while the L-1B visa has a maximum validity of 5 years. There is also an option for an L-1 visa to be renewed for an additional 2 years.

5. What documents are required to apply for an L-1 Visa?

To apply for an L-1 Visa, the following documents must be provided:

– A valid passport for travel to the United States

– Evidence of employment abroad and in the United States

– Evidence of your employer’s qualifying relationship with a US entity

– Evidence that your transfer is temporary and that you will be employed in a specialized knowledge capacity in the US

– Documentation of your qualifications and background

– Copy of Form I-129, Petition for a Nonimmigrant Worker, filed by your employer with USCIS

6. What is the process for applying for an L-1 Visa?

The L-1 visa process involves three steps:

1. The US employer must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS).

2. The employee must apply for an L-1 visa at the U.S. Embassy or Consulate in their home country.

3. Upon approval of the visa, the employee can then travel to the U.S. and begin work in the L-1 status.

7. How much does it cost to apply for an L-1 Visa?

The cost of an L-1 visa application varies, depending on the country in which it is filed. Generally speaking, the cost of filing an L-1 visa application in the United States is $325 USD plus an additional $85 biometrics fee. The cost of filing an L-1 visa application outside of the United States can vary significantly, depending on the country. Additionally, some countries may require a processing fee to be paid for the visa application.

8. Which family members can accompany the L-1 Visa holder?

The L-1 visa holder’s spouse (husband or wife) and unmarried children under the age of 21 can accompany the L-1 visa holder in the U.S. as dependents. These dependents may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the L-1 visa holder.

9. How does the L-1 Visa holder’s family obtain work authorization?

The family members of an L-1 visa holder do not qualify for work authorization. The only exception is for L-2 visa holders, who can apply for an Employment Authorization Document (EAD) to be able to work in the United States. To apply for an EAD, the L-2 visa holder must submit a completed Form I-765, Application for Employment Authorization, along with the necessary supporting documents and fees to U.S. Citizenship and Immigration Services (USCIS).

10. Is an L-1 Visa holder eligible to apply for a Green Card?

Yes, an L-1 Visa holder is eligible to apply for a Green Card. The L-1 Visa is a non-immigrant visa that allows foreign nationals of a company to work in the United States. It is intended to facilitate the transfer of an executive, manager, or specialized knowledge employee from a foreign company to its branch, parent, affiliate, or subsidiary in the United States. As long as the L-1 Visa holder meets the requirements for permanent residence (Green Card) eligibility, they may file for one.

11. What is the difference between an L-1A and an L-1B Visa?

An L-1A visa is for executives or managers of a foreign company transferring to the US to open a new office. An L-1B visa is for employees with specialized knowledge who will be transferring to the US branch of a foreign company.

12. What are the requirements for an L-1A and an L-1B Visa?

An L-1A visa is available to executives, managers and specialized knowledge professionals of multinational companies seeking to transfer to the U.S. to work in a related role. To qualify for an L-1A visa, the applicant must have worked outside the U.S. for the same employer for at least one year in the three years prior to coming to the U.S., and the employer must have a qualifying relationship with a U.S.-based company.

An L-1B visa is available to workers with specialized knowledge of the employer’s foreign operations who need to transfer to a U.S.-based office of the same employer. To qualify for an L-1B visa, the applicant must have worked outside the U.S. for the same employer for at least one year in the three years prior to coming to the U.S., and the employer must have a qualifying relationship with a U.S.-based company.

13. Is it possible to extend an L-1A or an L-1B Visa?

Yes, it is possible to extend an L-1A or an L-1B Visa. The extension of an L-1A or an L-1B Visa can be requested for up to an additional two years for a maximum of seven years for L-1A Visa holders and five years for L-1B Visa holders. The requirements and application process for the extension of the visa may vary depending on the individual’s circumstances.

14. How long does it take to process an L-1 Visa application?

The processing time for an L-1 Visa application varies depending on the applicant’s location, how many documents are included with the application, and the current processing time of the US Citizenship and Immigration Services (USCIS). Generally speaking, it can take up to several months to process an L-1 visa application.

15. Are there any restrictions on where the L-1 Visa holder can travel within the U.S.?

No, L-1 visa holders are allowed to travel freely within the United States. However, they must maintain their visa status and any other restrictions associated with it.

16. How long can a US employer be on the same L-1 Visa petition?

Generally, an L-1 visa petition can be approved for up to 3 years. Extensions may be granted for an additional 2 years, for a total of 5 years.

17. Can a company get multiple intracompany transfers on one petition?

Yes, a company may be able to get multiple intracompany transfers on one petition. This is often done when the company needs to transfer multiple employees from one country to the same country, or when the company has multiple positions that need to be filled by the same foreign national.

18. What happens after the end of the validity period of an intracompany transferee’s visa?

After the end of the validity period of an intracompany transferee’s visa, the individual must either apply for a new visa or leave the United States.

19. Are there any restrictions on wages paid to an intracompany transferee while in the US on an L-1 visa?

Yes. The wage for an intracompany transferee while in the US on an L-1 visa must meet the “Prevailing Wage” requirements. Prevailing wage is defined as the median wage paid to similarly employed workers in the geographic area of intended employment.

20. Is it possible to transition from an L-1 visa to another type of visa, such as H-1B, within the United States?

Yes, it is possible to transition from an L-1 visa to another type of visa, such as an H-1B visa, within the United States. However, it is important to note that there are certain requirements that must be met in order to do so. For example, the applicant must demonstrate that their current employment meets the qualifications for an H-1B visa and must obtain approval from the U.S. Citizenship and Immigration Services. Additionally, the applicant must file the appropriate paperwork and pay any applicable fees in order to complete the transition.