1. What is an L-1 visa?

An L-1 visa is a nonimmigrant visa issued by the U.S. government that allows a foreign national to work in the United States for up to seven years. The visa is typically used by foreign companies sending employees to work in their U.S. offices and by U.S. companies sending employees to work in their foreign offices.

2. Who is eligible for an L-1 visa?

The L-1 visa is available to qualifying employees of international companies who are being transferred by their employer from an affiliated foreign office to a parent, branch, affiliate or subsidiary office in the United States. The employee must have worked abroad for a minimum of one continuous year during the three years prior to the transfer. The employee must be entering the U.S. in a managerial, executive, or specialized knowledge capacity.

3. What is the purpose of an L-1 visa?

An L-1 visa is a nonimmigrant visa designed for foreign nationals who have worked for a business outside the United States for at least one year and who wish to come to the United States to open a new office, or to work for an existing office of the same company. The purpose of this visa is to allow multinational companies to transfer certain key personnel within the company from one foreign country to another.

4. How long does an L-1 visa last?

An L-1 visa typically lasts between 1 and 3 years, depending on the terms of the particular visa. Extensions beyond that time period may be available.

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

A valid passport, a complete and signed Form DS-160, a valid U.S. visa in the same classification if the applicant has had one within the last 12 months, two recent passport-style photographs, an employer letter that outlines the applicant’s job duties and responsibility, evidence that the applicant has worked for the company for at least one year in the last three years, and any other evidence that supports the applicant’s L-1 visa petition.

6. What are the criteria for obtaining an L-1 visa?

To qualify for an L-1 visa, the employee must meet the following criteria:

1. Have been working for a related company outside of the U.S. for at least one continuous year in the past three years in a managerial, executive, or specialized knowledge capacity.

2. The employer must have a qualifying relationship with a U.S. company (parent, branch, subsidiary or affiliate).

3. The position in the U.S. must be a managerial, executive, or involve specialized knowledge related to the company’s interests abroad.

4. The employee must have been employed outside of the U.S. with the same employer, an affiliate, or subsidiary for at least one year out of the past three years.

5. The employer must be doing business in both the United States and abroad continuously during the entire stay of the L-1 visa holder in the U.S., and throughout the entire time the L-1 visa holder is outside of the U.S.

6. The L-1 visa holder must intend to depart from the United States upon completion of his/her assignment.

7. Are there any restrictions on how long I can stay in the US with an L-1 visa?

Yes, the maximum duration of L-1 visas is seven years for L-1A visas and five years for L-1B visas. The visa can be extended in two year increments, subject to certain criteria.

8. Can I bring my family members with me to the US with an L-1 visa?

Yes, family members of L-1 visa holders may be eligible to accompany them to the United States in either L-2 visa status or as dependents. Eligible family members include spouses and unmarried children under the age of 21.

9. Can I change my nonimmigrant status to a different type of visa while in the US with an L-1 visa?

Yes, you can change your nonimmigrant status to a different type of visa while in the US with an L-1 visa. However, this process is not guaranteed and you must submit an application to US Citizenship and Immigration Services (USCIS) in order to apply for a change of status. If approved, your new visa will be valid for the duration of your stay in the US.

10. What kind of work can I do with an L-1 visa?

The L-1 visa allows for intracompany transferees to work in the U.S. for a branch, parent, affiliate, or subsidiary of their foreign employer in the same capacity that they had abroad. This includes executive, managerial, and specialized knowledge positions.

11. Can I apply for a green card while on an L-1 visa?

No. The L-1 visa does not provide a pathway to permanent residency. The L-1 visa is a nonimmigrant, temporary work visa. The most common way to apply for a green card is to have an employer sponsor you for employment-based permanent residence.

12. Is there a cap on the number of visas issued for this classification?

Yes, the cap for the E-3 visa classification is 10,500 annually.

13. How long does it take to process an L-1 visa application?

Processing times for L-1 visa applications vary depending on the individual circumstances of each applicant and the workload of the particular USCIS office handling the application. Generally, processing times can take anywhere from 2 to 6 months.

14. How much does it cost to process an L-1 visa application?

The cost to process an L-1 visa application is $460 USD. This fee must be paid in order to submit the application.

15. How do I apply for an extension of my L-1 visa status?

You must submit Form I-129, Petition for Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS) along with the applicable filing fee and evidence that you are eligible for an extension. The required evidence includes proof of your current L-1 status, proof that you have been in valid L-1 status for the required period of time, and evidence that you have not abandoned your L-1 status. If your employer is filing the petition on behalf of you, then they must also submit Form G-28, Notice of Entry of Appearance as Attorney or Representative.

16. Can I travel outside the US while on an L-1 visa?

Yes, you can travel outside the US while on an L-1 visa. However, you must be sure to obtain a re-entry permit prior to leaving the US. This allows you to return to the US without having to obtain a new visa.

17. Are there any additional requirements for a new office opening while on an L-1 visa?

Yes, additional requirements may be needed depending on the type of L-1 visa you have. Generally, when opening a new office on an L-1 visa, you must provide documents proving that the business is actively engaged in the trade or investment, and/or demonstrate that the new office has the capacity to support an executive or manager. Additionally, to be eligible for an L-1 visa, the new office must have secured physical premises for doing business. Finally, depending on the type of visa you are applying for, additional requirements such as proof of funding and other documentation may be necessary.

18. Can I switch employers while on an L-1 visa?

Yes, you can switch employers while on an L-1 visa if your new employer is willing to file a new L-1 petition with the USCIS.

19. Are there any special rules concerning dual intent while on an L-1 visa?

Yes, one must have dual intent when entering the United States on an L-1 visa. The dual intent means that the person must intend to work in the US temporarily while also having the intent to eventually return to their home country. The dual intent must be expressed and shown at the time of admission into the US. This means that one cannot come to the US with the sole intention of staying and applying for permanent residency. Additionally, in some cases, if a person applies for permanent residency while in the US on an L-1 visa, it may be considered a violation of their visa status and they may be required to leave the country.

20. Are there any fee waivers available for the filing of the I-129 petition for an L-1 visa?

No, the filing fee for the I-129 petition for an L-1 visa is currently $460. There are no fee waivers available.