1. What is the purpose of the L1 visa?

The purpose of the L1 visa is to allow multinational companies to transfer their employees from a foreign affiliate, subsidiary, branch, or parent company to a related company in the United States. This allows for the temporary relocation of skilled workers within international companies and promotes international trade and global business growth.

2. How do I qualify for an L1 visa?

To qualify for an L1 visa, you must meet the following criteria:

1. Have a qualifying relationship between a foreign company and a US company: As an L1 visa applicant, you must have worked for a foreign company for at least one continuous year within the past three years as either an executive, manager or specialized knowledge employee. In addition, there must be a qualifying relationship between the foreign and US company such as parent/subsidiary, affiliate or branch office.

2. Be employed in an executive, managerial or specialized knowledge position: You must be entering the US to work in the same position or a related position with your employer’s US branch or affiliate.

3. Work at least 35 hours per week for your employer: Your employment in the US must be full-time and consistent with your status as an executive, manager or specialized knowledge employee.

4. Possess specialized knowledge: If you are applying under the specialized knowledge category, you must possess special knowledge of your employer’s products/services, processes/procedures or management/practices.

5. Intend to depart the United States upon completion of your authorized stay: You must have no intent to immigrate to the United States and intend to depart once your L1 visa expires.

6. Satisfy labor certification requirements (Intracompany transferees only): If you are applying as an intracompany transferee under the L1A category, you may need to provide evidence that shows that labor certification has been filed and/or approved by the Department of Labor on behalf of certain immigrant visa applicants.

3. How do I apply for an L1 visa?
To apply for an L1 visa, follow these steps:

Step 1: Determine if you meet eligibility requirements
Before beginning your application process, make sure you meet all eligibility requirements outlined by USCIS. This includes having worked for a foreign company in an executive, managerial or specialized knowledge capacity for at least one continuous year within the past three years.

Step 2: Submit form I-129
The L1 visa application process begins with completing and submitting Form I-129 (Petition for a Nonimmigrant Worker) to USCIS. This form must be submitted by your employer or their authorized representative.

Step 3: Gather required documents
Along with Form I-129, you will need to submit supporting documents that prove your eligibility for an L1 visa. These may include evidence of your qualifying relationship between the US and foreign company, proof of your employment in a qualifying position, documentation of specialized knowledge, and any necessary labor certification.

Step 4: Pay filing fees
The current filing fee for Form I-129 is $460. There may also be additional fees for premium processing or biometric services if applicable.

Step 5: Attend visa interview (if required)
Depending on your country of citizenship, you may need to attend a visa interview at the nearest US embassy or consulate. During this interview, you will be asked questions about your intended employment in the US and may need to present additional documents.

Step 6: Wait for approval
After submitting all required materials and attending a visa interview (if applicable), you will need to wait for USCIS to approve your L1 visa petition. If approved, you will receive a notice from USCIS indicating that your petition has been approved. You can then proceed with scheduling your travel and preparing for entry into the United States.

4. How long does an L1 visa last?
L1 visas are generally valid for an initial period of up to three years. L1A visas may be extended in two-year increments up to a maximum total stay of seven years, while L1B visas may be extended in two-year increments up to a maximum total stay of five years.

5. Can my family accompany me on an L1 visa?
Your spouse and unmarried children under the age of 21 may accompany you to the United States on L2 visas. They may also study and work in the US with proper authorization.

3. Can I work for any company on an L1 visa?

Yes, you may only work for the specific company that sponsored your L1 visa application. The visa is tied to that employer and does not allow you to work for any other company without proper authorization from U.S. Citizenship and Immigration Services (USCIS). However, if your L1 visa is canceled or expires, you may seek employment with a different company that is willing to sponsor a new L1 visa on your behalf.

4. How long does it take to process an L1 visa?

The processing time for an L1 visa can vary depending on the workload of the USCIS office. On average, it takes about 3-5 months for USCIS to process an L1 visa application. However, premium processing is available for an additional fee which guarantees a decision within 15 calendar days.

5. Is a job offer required for an L1 visa?

Yes, a job offer is required for an L1 visa. The L1 visa is a non-immigrant work visa that allows multinational companies to transfer their employees from overseas offices to the United States. Therefore, an individual must have a valid job offer from a qualifying company in order to qualify for an L1 visa. This job offer should be supported by relevant documentation, such as a letter of employment or contract, outlining the details of the job position and salary.

6. Can I bring my family with me on an L1 visa?

Yes, you may bring your spouse and unmarried children under the age of 21 with you on an L1 visa. They will be eligible for dependent visas, known as L2 visas, which allow them to reside in the United States and attend school or work with proper authorization. Dependents may also apply for employment authorization with USCIS.

7. Can I extend my stay on an L1 visa?

Yes, the L1 visa category does allow for extensions. The initial validity period of an L1 visa is typically up to three years for intracompany transferees and up to one year for specialized knowledge workers. After this initial period, the L1 visa holder may apply for extensions in increments of maximum two years at a time, with a total limit of seven years for L1A managers and executives and five years for L1B specialized knowledge workers. In order to extend your stay on an L1 visa, you must have a valid job offer from your employer and continue to meet the eligibility requirements. Your employer will need to file a petition on your behalf with USCIS before your current status expires. It is important to note that even if you qualify for an extension, there is no guarantee that it will be approved by USCIS.

8. What are the limitations of the L1 visa?

Some of the limitations of the L1 visa include:

1. Specific job requirements: The L1 visa is tied to a specific job and employer, so the visa holder cannot work for any other company while in the US.

2. Time restrictions: The L1 visa has a maximum validity period of 7 years for L1A visas (for managers and executives) and 5 years for L1B visas (for specialized knowledge workers). After this time, the visa holder must leave the US or change to a different visa status.

3. Limited options for permanent residency: Although an L1A visa holder may apply for permanent residency through the EB-1C category, there is no direct path to permanent residency for L1B visa holders.

4. Dependents’ work authorization: Dependents (spouses and unmarried children under 21 years old) of L1 visa holders are not automatically allowed to work in the US. They would need to apply for their own work visas or find an employer willing to sponsor them.

5. Strict eligibility criteria: In order to be eligible for an L1 visa, the applicant must have worked for a parent, subsidiary, affiliate, or branch office of the US company outside of the US for at least one year within the past three years prior to application.

6. Limited dual intent: Unlike some other work visas such as H-1B, there is limited dual intent with an L1 visa. This means that if a person intends to immigrate permanently to the US, they may face difficulties obtaining an L1 visa or may be unable to extend their stay beyond the initial maximum period.

7. Needs ongoing employment abroad: The employee must intend on returning back to their home country after their time in the US on an L-1 ends and maintain their ongoing employment abroad during and after obtaining this nonimmigrant status.

8. Complex application process: The overall application process for an L1 visa can be complex and time-consuming, requiring a significant amount of documentation and evidence to support the application. Additionally, the processing times for L1 visas can vary greatly depending on the individual’s country of origin.

9. Do I need to have a certain level of education or experience to obtain an L1 visa?

Yes, you must have a minimum level of education or experience to qualify for an L1 visa. For L1A visas (for managers and executives), you must have a degree or high-level of specialized knowledge relevant to your position. For L1B visas (for employees with specialized knowledge), you must have at least 3 years of experience in your field. Additionally, the specific requirements for education and experience may vary depending on the job requirements and the specific country where you are applying for the visa. It is best to consult with an immigration lawyer for specific guidance on your qualifications for an L1 visa.

10. Can I apply for a green card while on an L1 visa?

Yes, you can apply for a green card while on an L1 visa. The L1 visa allows intracompany transferees to work in the United States temporarily, but it does not restrict them from seeking permanent residency through a green card application. However, obtaining a green card while on an L1 visa may present some challenges and requirements that need to be followed carefully.

One common route for obtaining a green card while on an L1 visa is through employer sponsorship. This involves the employer filing a petition for permanent residency on your behalf, also known as an employment-based petition (EB). You will also need to go through the various steps of the green card application process, including:

1. Labor Certification: Your employer must first obtain labor certification from the U.S. Department of Labor (DOL) to demonstrate that there are no qualified American workers available for the job and that hiring you will not negatively impact the U.S. job market.

2. File Form I-140: After securing labor certification, your employer will file Form I-140, Petition for Alien Worker with USCIS.

3. Adjustment of Status or Consular Processing: If you are currently in the United States on an L1 visa, you can adjust your status to permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. If you are outside of the U.S., you must go through consular processing at a U.S. embassy or consulate in your home country.

4. Attend Green Card Interview: Whether adjusting status within the U.S. or going through consular processing abroad, you will likely need to attend an interview with USCIS officials to assess your eligibility for permanent residency.

It is important to note that obtaining a green card while on an L1 visa can be complicated and may require significant preparation and documentation from both you and your employer. It is recommended to consult with an immigration attorney for guidance on the specific requirements and options available to you.

11. Is there a limit to the number of years you can be on an L1 visa?

No, there is no limit to the number of years you can be on an L1 visa. However, the initial period of stay is typically limited to 3 years for L1A visa holders and 5 years for L1B visa holders. After this initial period, you may apply for extensions in increments of up to 2 years for the L1A visa or up to 5 years for the L1B visa, until you reach the maximum limit of 7 years for the L1A visa or 5 years for the L1B visa. In some cases, extensions beyond these limits may be possible if your employer can show that your continuous employment in the US is necessary and that there are no qualified US workers available to fill the position.

12. What is the difference between an L-1A and an L-2B Visa?

An L-1A visa is a non-immigrant visa for intracompany transferees who are managers or executives, while an L-2B visa is a non-immigrant visa for the spouse and minor children of the L-1A visa holder. The main difference between the two visas is that the L-1A allows the holder to work and manage a branch, subsidiary or affiliate of their employer in the US, while the L-2B does not allow for employment but rather permits family members to accompany the L-1A holder and study in the US. In order to obtain an L-2B visa, one must be married to an individual with an approved L-1A status and meet certain eligibility requirements.

13. Can I transfer from an H-1B to an L-1 Visa?

Yes, it is possible to transfer from an H-1B visa to an L-1 visa. However, you will need to go through the application process and meet all the requirements for the L-1 visa. This may include having a qualifying relationship with a foreign company, being employed at that company for at least one year, and having specialized knowledge or managerial/executive experience. Additionally, your employer will need to file a new Form I-129 petition on your behalf with USCIS. It is recommended to consult with an immigration attorney for guidance on the specific steps and requirements for changing from an H-1B to an L-1 visa.

14. Does my employer need to prove that they could not find anyone else qualified for my position in order for me to obtain an L-1 Visa?

No, your employer does not need to prove that they could not find anyone else qualified for your position in order for you to obtain an L-1 Visa. However, they will need to show that you have the necessary skills, qualifications, and experience to perform the job duties in the United States. Additionally, the employer will need to demonstrate that there is a legitimate need for your specific skills and expertise in their US operations.

15.Can I travel outside of the U.S while on my approved L- Visal

Yes, you can travel outside of the U.S while on an approved L-Visa. However, you must obtain a valid L visa from a U.S embassy or consulate in the country you will be traveling to before re-entering the U.S. Additionally, you must have a valid passport and any other necessary documentation for entry into that country. It is also recommended to carry a copy of your approved L visa and supporting documents with you while traveling.

16.Can the spouse of someone on anL- Visa work intheUSwhile their partner is employed under

an L-1 visa?

Yes, the spouse of an individual on an L-1 visa may be eligible to work in the US through obtaining an Employment Authorization Document (EAD). The EAD is granted by the US Citizenship and Immigration Services (USCIS) and allows the spouse to work for any employer in the US. However, certain conditions must be met, such as maintaining valid nonimmigrant status and being in good standing with maintenance of L-2 status.

17.Is it possible to change employers while onanL- Visa

Yes, it is possible to change employers while on an L-1 visa. However, the new employer must first file a petition with USCIS and obtain approval before the individual can start working for them. The new employer must also meet all the requirements for employing L-1 visa holders, such as having a qualifying relationship with the foreign company and offering a similar or higher position to the individual. Additionally, if an L-1 visa holder wants to change employers within the first year of their initial admission to the US, they must have their current employer withdraw their petition in order for the new employer’s petition to be approved.

18.What happens if I lose my job while under anL Ivisa

If you lose your job while under an L visa, it may affect your ability to remain in the United States. The L visa is tied to your employment with the sponsoring company, and if you are no longer employed by them, you may no longer be eligible for the visa. However, you may have a grace period of up to 60 days to find new employment and transfer your visa sponsorship to a new company. It is important to speak with an immigration lawyer if this situation arises.

19.Do childrenofL–Visaholdersneedaseparatevisatocomewiththeirparents

Children of L-1 visa holders do not need a separate visa to accompany their parents, as they can be included on their parents’ L-1 visa if they meet the eligibility criteria. However, if the children are over the age of 21 or are married, they will need to apply for their own L-2 visa to enter and stay in the US with their parents.

20.How soon can I apply for citizenship after obtaining permanent residency through the L- Visa program?

You must hold permanent residency for five years before applying for citizenship, regardless of how you obtained it. This means you can apply for citizenship after five years from the date you first received your L Visa.