L-1 Visa for Intracompany Transferees

1. What is an L-1 visa?


An L-1 visa is a nonimmigrant visa that allows a multinational company to transfer an executive, manager, or specialized knowledge employee from an affiliated foreign office to one of its offices in the United States. The visa is valid for a maximum of seven years and allows the employee to live and work in the US during that period.

2. Who qualifies for an L-1 visa?


An L-1 visa is a nonimmigrant visa that allows a foreign national to come to the United States to work in a company that is related to the foreign national’s existing employer in some way. The foreign national must have worked at the related company outside the U.S. for at least one year within the last three years in order to qualify for an L-1 visa. The related company must also have an office in the U.S. and the foreign national must be coming to fill a specific job position that requires specialized knowledge of the company’s products, service, research, procedures, management, or other interests.

3. How long is an L-1 visa valid?


An L-1 visa is generally valid for an initial period of up to three years, and can be extended for up to seven years for L-1A visa holders or five years for L-1B visa holders.

4. What is the maximum period of stay for an L-1 visa holder?


The maximum period of stay for an L-1 visa holder is 7 years.

5. Are there any restrictions on what an L-1 visa holder can do while in the US?


Yes, there are restrictions on what an L-1 visa holder can do while in the US. An L-1 visa holder must remain employed in the same company for the duration of their stay in the US and work in a qualifying executive or managerial role. Additionally, L-1 visa holders are not permitted to work for any other employer or engage in any type of self-employment. L-1 visa holders are also not eligible for certain types of public benefits such as welfare, Supplemental Security Income (SSI), or food stamps.

6. Can the spouse and/or children of an L-1 visa holder be admitted to the US?


Yes. The spouse and children (under the age of 21) of an L-1 visa holder may be admitted to the US in L-2 visa status. The L-2 visa allows them to live and work in the US with the L-1 visa holder.

7. Do I have to prove that I have a job offer in the US to obtain an L-1 visa?


No, you do not need to prove that you have a job offer in the US to obtain an L-1 visa. However, you will need to provide evidence that you are employed in a managerial or executive capacity by a company that is based outside the US. You will also need to demonstrate that the US-based entity is a branch, affiliate, subsidiary, or parent of the employer abroad.

8. What documents are required to apply for an L-1 visa?


In order to apply for an L-1 visa, the applicant must provide evidence of their employer’s requirements under the L-1 program, which include:

-Proof that the applicant is an executive, manager, or specialized employee working for a company with an office in the United States
-A valid passport and travel documents
-Two passport-style photos
-Proof of the applicant’s relationship to their employer (such as a contract, letter of employment, etc.)
-Proof that the applicant has worked for the employer for at least one continuous year within the last three years
-Evidence of sufficient funds to support themselves during their stay in the United States
-Evidence of their intent to return to their home country at the end of their stay
-Proof that they are not inadmissible to the United States based on health, criminal, or immigration violations

9. What is the filing fee for an L-1 visa application?


The filing fee for an L-1 visa application is $460.

10. How long does it take to get an L-1 visa approved?


The processing time for an L-1 visa depends on the type of petition, the complexity of the case, and the workload of the USCIS field office location where the application is filed. Generally, it can take anywhere from 2 to 8 months for a visa to be approved.

11. Can I work in the US while my L-1 visa application is pending?


No, you cannot work in the United States while your L-1 visa application is pending. You will need to wait for the application to be processed and approved before you can commence work in the US.

12. What type of work can I do on an L-1 visa?


An L-1 visa allows foreign nationals to work in the U.S. in a managerial, executive, or specialized-knowledge capacity for their current employer, or a related company, for up to five years. The work must be related to the employer’s business operations overseas and in the U.S. Examples of jobs that can be performed on an L-1 visa include: executive, management, technical, professional, or IT-related positions.

13. How do I extend my stay on an L-1 visa?


Your employer must file an amended or extended L-1 petition with U.S. Citizenship and Immigration Services (USCIS) for you in order to extend your stay. In the petition, your employer must provide evidence that it still meets the L-1 requirements and that you continue to qualify for the visa. USCIS will review your employer’s petition and if approved, you may remain in the United States on your current L-1 visa for the duration of the approved extension.

14. Can I apply for permanent residence (a “green card”) while on an L-1 visa?


Yes, you can apply for a green card while on an L-1 visa. However, the processing times can vary depending on the type of green card you are applying for and your individual circumstances. You should consult with an immigration attorney to determine the best path to obtaining permanent residence.

15. Can I change my status from L-1 to another nonimmigrant visa category while in the US?


Yes, you can. To change from L1 to another nonimmigrant visa category, you will need to file Form I-539, Application to Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS).

16. What are the advantages of obtaining an L-1 visa over other nonimmigrant visas?


Advantages of an L-1 visa include:

1. Faster processing times than other nonimmigrant visa options.

2. No annual numerical limit or cap on the number of L-1s issued each year.

3. Spouse and unmarried children under age 21 may accompany the visa holder under an L-2 visa.

4. The visa holder is not subject to the Department of Labor’s labor certification process or other recruitment requirements.

5. The visa holder may apply for a green card once in the U.S., although they are not required to do so.

6. The visa holder is allowed to open a U.S. bank account and obtain a driver’s license with their valid visa.

17. Are there any restrictions on how many times I can renew my L-1 visa?


Yes. L-1 visas may be renewed in two-year increments up to a maximum of seven years for L-1A visas and five years for L-1B visas. After the maximum time period has been reached, the individual must remain outside of the United States for one full year before applying for another L-1 visa.

18. Are there any restrictions or special requirements if I am transferring between two offices owned by the same company?


Yes, depending on the company, there may be restrictions or special requirements for transfers between two offices owned by the same company. These restrictions or requirements could include background checks for applicants, proof of qualifications, and documentation of transfer requests. Additionally, some companies may require additional paperwork or forms to be completed prior to a transfer being approved.

19. Is there a limit on the number of employees a company can transfer to the US with an L-1 visa?


Yes, there is a limit on the number of employees a company can transfer to the US with an L-1 visa. Generally, no more than five individuals can be transferred to the US with an L-1 visa in a 12-month period.

20. Is it possible to transfer from one US office to another within the same company with an L-1 visa?


Yes, it is possible to transfer from one US office to another within the same company with an L-1 visa. However, the company must file a new L-1 petition with the USCIS for the new location. The employee must receive approval from the USCIS before starting work in the new office.