1. What are the eligibility criteria for L-1A and L-1B intracompany transferees?

The eligibility criteria for L-1A and L-1B intracompany transferees are as follows:

• The employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate).

• The employee must have been employed abroad with the qualifying organization for at least one year within the three-year period prior to his or her admission to the United States.

• The employee must be coming to the United States to provide services in an executive or managerial capacity for the qualifying organization, or with specialized knowledge for the qualifying organization.

• The employee must have the same employer abroad and in the United States.

2. What documents do I need to provide to demonstrate my eligibility for an L-1A or L-1B visa?

To be eligible for an L-1A or L-1B visa, you must provide the following documents:
1. Proof of the applicant’s current and previous employment with the sponsoring employer
2. Evidence of the relationship between the U.S. and foreign company
3. Documentation indicating that the applicant will be employed in the U.S. in an executive, managerial or specialized knowledge capacity
4. Documents demonstrating that the applicant possesses the necessary qualifications and experience for their proposed position
5. A valid passport
6. Evidence of nonimmigrant intent
7. Proof of sufficient funds to cover all expenses while in the U.S.
8. A completed Form I-129, Petition for a Nonimmigrant Worker filed by the sponsoring employer

3. How do I apply for an L-1A or L-1B visa?

To apply for an L-1A or L-1B visa, you must first submit a petition to U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence that you are a qualifying employee of a qualifying organization and that you have been continuously employed by the organization for at least one year in the past three years. Once your petition is approved, you can apply for an L-1A or L-1B visa at a U.S. embassy or consulate. You will need to present documents such as your valid passport, valid Form I-797, notice of approval of your petition, proof of your job offer in the United States, and other supporting documents.

4. What is the processing time for an L-1A or L-1B visa?

The processing time for an L-1A or L-1B visa is typically 5-7 business days. However, it can vary depending on the individual circumstances of each case.

5. How long can I stay in the U.S. with an L-1A or L-1B visa?

The total amount of time you may stay in the U.S. on an L-1A or L-1B visa depends on the type of visa and the specific terms of your particular visa. Generally, an L-1A visa holder is granted an initial stay of up to 3 years, which may be extended to a maximum of 7 years. An L-1B visa holder is typically granted an initial stay of up to 5 years, which may be extended to a maximum of 7 years.

6. Can my spouse and children accompany me if I am approved for an L-1A or L-1B visa?

Yes, your spouse and children may accompany you if you are approved for either an L-1A or L-1B visa. Your spouse and children will be eligible for L-2 visa status, which will allow them to stay in the US for the duration of your L-1 visa period.

7. How much does an L-1A or L-1B visa application cost?

The filing fee for an L-1A or L-1B visa application is $460. There may also be additional filing fees for other applications, such as a Form I-129 petition for a nonimmigrant worker.

8. Are there any restrictions on how I use my L-1A or L-1B visa?

Yes. Your L-1A or L-1B visa is only valid for the specific purpose stated in your visa application. You must use the visa for the purpose it was approved for and you cannot change employers or work in any other capacity. You are also subject to certain restrictions regarding the length of your stay in the US and the length of time you can work for a particular employer. Please refer to the US Department of State website for more information.

9. Can I work for a different company while on an L-1A or L-1B visa?

No, you may not work for a different employer while in the United States on an L-1 visa. Working for a different company would require a new visa.

10. Can I apply for a green card after I am approved for an L-1A or L-1B visa?

Yes, you may apply for a green card once you are approved for an L-1A or L-1B visa. However, you must have an employer sponsor to apply for a green card. Your employer must submit an immigrant petition on your behalf to the U.S. Citizenship and Immigration Services (USCIS).

11. What is the difference between the requirements for an L-1A and an L-1B visa?

The L-1A visa is designed for intracompany transferees who are being sent to the U.S. to serve in a managerial or executive capacity, while the L-1B visa is for intracompany transferees sent to the U.S. to work in a specialized knowledge capacity. To qualify for an L-1A visa, applicants must have worked for the sponsoring company abroad for at least one continuous year within the last three years prior to their arrival in the U.S. For an L-1B visa, applicants must have worked for the sponsoring company abroad for at least six months within the last three years prior to their arrival in the U.S.

Additionally, applicants must demonstrate that they are being sent to the U.S. to work in a capacity that is related to their work abroad and that requires specialized knowledge or skills. The position must be managerial or executive for an L-1A applicant, and require specialized knowledge for an L-1B applicant.

12. What are the qualifications to qualify as a manager or executive under an L-1A visa?

To qualify as a manager or executive under an L-1A visa, the individual must have been employed abroad by the same employer for at least one out of the last three years prior to entering the United States. They must also be in a managerial or executive role in the company, and they must be coming to an affiliate of the foreign company in the United States. Additionally, they must have been employed abroad for at least one year in a managerial or executive capacity.

13. What are the qualifications to qualify as a specialized knowledge worker under an L-1B visa?

To qualify for an L-1B visa, the applicant must possess specialized knowledge of the organization’s product, services, research, equipment, techniques, management, or other interests and its application in international markets. The applicant must also have worked for a related company abroad for at least one out of the past three years before applying for the visa. Additionally, the individual must be transferring to a qualifying organization in the United States, either as a manager or executive or in a position that requires specialized knowledge.

14. Can I extend my stay in the U.S on an L-1A or L-1B visa?

Yes, you can extend your stay in the U.S. on an L-1A or L-1B visa as long as you meet the requirements for the visa. You can apply to extend your stay in the U.S. up to seven years (five years for L-1B visa holders).

15. Does U.S Citizenship and Immigration Services (USCIS) conduct site visits before approving an L-1A or L-1B visa application?

Yes, USCIS may conduct a site visit before approving an L-1A or L-1B visa application. Site visits are conducted by USCIS officers to verify that the information provided in the application is accurate. The purpose of the site visit is to ensure that all the necessary requirements for an L-1A or L-1B visa are being met.

16. Are there any special filing requirements for companies sponsoring intracompany transferees under an L-1A or L-1B visa?

Yes, companies sponsoring intracompany transferees under an L-1A or L-1B visa must file Form I-129, Petition for Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS). Additionally, the company must provide evidence that the transferee meets the qualifications for the requested visa, as well as documentation of the employer’s financial ability to pay the transferee’s salary.

17. Can I travel outside the U.S while my L-1A or L-1B application is pending?

Yes, you can travel outside the U.S with an L-1A or L-1B application pending as long as you have a valid passport and an advance parole document. If you do not have an advance parole document, you may be denied re-entry to the U.S. Therefore, it is important to have the advance parole document before traveling internationally.

18. Can I change my status from another nonimmigrant visa to an L-1A or L-1B visa while in the U.S.?

Yes, you can change your status from another nonimmigrant visa to an L-1A or L-1B visa while in the United States if you meet the qualifications for the L-1 visa. You must file an I-129 petition with United States Citizenship and Immigration Services (USCIS) to change your status.

19. Are there any restrictions on the type of business activity allowed by companies sponsoring intracompany transferees under an L-1A or L-1B visa?

Yes, companies sponsoring intracompany transferees under an L-1A or L-1B visa are subject to certain restrictions. They must be engaged in a legitimate business activity and the transferee must possess specialized knowledge related to the company’s product, service, research, or equipment that is not available in the U.S. labor market. Additionally, the sponsoring company must be able to demonstrate that there is a qualifying relationship between the company in the U.S. and the foreign entity.

20. What happens if my application for anL – 1A orL – 1B visa is denied?

If your application for an L-1A or L-1B visa is denied, you may be able to re-apply with more evidence or file a motion to reconsider if you believe there was an error in the adjudication. If your visa is denied, the consular officer should provide you with information as to why it was denied. In some cases, you may be eligible for other types of visas.