L-1 Visa Interview Preparation Tips

1. What information can you provide about the L-1 Visa and its requirements?


The L-1 visa is a non-immigrant visa that allows foreign workers with specialized knowledge to be transferred to the United States. It is commonly used for intra-company transfers, meaning when a company transfers an employee from its overseas branch to its U.S. branch.

To be eligible for an L-1 visa, the foreign worker must meet several requirements. The employer must have a valid U.S. presence, and the foreign worker must have worked for the company outside of the U.S. for at least one year in the past three years before applying for the visa. The worker must also be coming to work in a related occupation in the same parent or affiliate company in the U.S., and their job duties must require specialized knowledge or experience that is unique to the company.

2. What documentation is required for an L-1 Visa application?


For an L-1 Visa application, the required documentation includes:

-Passport and photographs
-A copy of the petition (Form I-129)
-Proof of a valid employer-employee relationship
-Evidence of the foreign worker’s prior experience and qualifications
-Proof of the foreign company’s ownership and control over the U.S. entity
-Evidence showing that the U.S. entity needs a specialized employee to fill a position
-An explanation of the duties and job responsibilities of the foreign worker in the U.S.

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


The process of applying for an L-1 Visa starts with the employer petitioning the US Citizenship and Immigration Services (USCIS) to approve the L-1 Visa. The petition must include information about the company’s business operations, the purpose of the employee’s transfer to the US, and documentation detailing the employee’s qualifications.

After USCIS has approved the petition, the employee can apply for an L-1 Visa at a US Embassy or Consulate in their home country. They must provide evidence of their qualifications, proof of a valid passport, and a completed application form.

The US Embassy or Consulate will review the application and if approved, issue an L-1 Visa for up to three years. Upon arrival in the US, employees must register with the USCIS within 10 days and request an extension if they plan to stay in the US for more than three years.

4. How long is the processing time for an L-1 Visa?


The processing time for an L-1 Visa is typically 2-3 weeks, but it can vary depending on the individual case and the workload of the local US Embassy or Consulate. The processing time for an expedited L-1 visa can be as short as a few days.

5. What evidence of a valid business relationship is required to support an L-1 Visa?


Evidence of a valid business relationship to support an L-1 Visa may include documents such as bank statements, tax returns, contracts, and other official business documents demonstrating a formal relationship between the U.S. and foreign entity.

6. Is there a minimum period of time that a beneficiary must have worked for the foreign employer prior to the filing of the petition?


The foreign employer must have employed the foreign national for a minimum of three years prior to filing the petition.

7. How long may a qualified individual remain in the U.S. under an L-1 Visa?


A qualified individual can remain in the U.S. under an L-1 Visa for a maximum of seven years for an L-1A (executive/managerial) visa and five years for an L-1B (specialized knowledge) visa. It is also possible to extend these visas up to a maximum of 10 years for the L-1A visa and 6 years for the L-1B visa.

8. What are some of the benefits associated with an L-1 Visa?


• Flexibility to travel to and from the US
• Ability to work in the US without a Green Card
• Easier to transfer between L-1A and L-1B visa than H-1B visa
• No requirement to go through a labor certification process
• Spouses and children of L-1 visa holders may be eligible for dependent visas and work authorization
• Potential for permanent residence through the L-1A to EB-1C “Green Card” pathway

9. Are there any visa fees associated with obtaining an L-1 Visa?


Yes, most nationalities are required to pay the non-refundable L-1 visa application fee, which is currently $190.

10. What are the different types of L-1 Visas?


There are two types of L-1 visas: the L-1A and the L-1B.

The L-1A visa is for intracompany transfers of executives or managers from a foreign company to work for the same employer in the U.S.

The L-1B visa is for intracompany transfers of specialized knowledge employees from a foreign company to work for the same employer in the U.S.

11. Are there any restrictions on travel for L-1 Visa holders?


Yes, there are restrictions on travel for L-1 Visa holders. The most important restriction is that L-1 Visa holders cannot stay outside of the US for more than 1 year or else the visa will expire and they will need to apply for a new one. Additionally, L-1 Visa holders are not allowed to work outside the US and must remain in the US during the duration of their stay. Finally, L-1 visa holders are not allowed to change their immigration status during their stay in the US.

12. What happens if an individual fails to renew their L-1 Visa prior to its expiration date?


If an individual fails to renew their L-1 Visa prior to its expiration date, they will no longer be authorized to legally remain in the United States. They will need to leave the United States and apply for a new visa from their home country or another country. Additionally, they may be subject to a three-year or ten-year bar on re-entering the United States depending on the amount of time they overstayed their visa.

13. How can you demonstrate that the beneficiary qualifies as a manager, executive, or specialized knowledge employee in order to obtain an L-1 Visa?


In order to demonstrate that the beneficiary qualifies as a manager, executive, or specialized knowledge employee in order to obtain an L-1 Visa, the petitioner must provide evidence that they meet the L-1 criteria as outlined by USCIS. This includes providing proof of their current managerial or executive role, demonstrating they possess specialized knowledge relating to the company’s product or service, and proving that the beneficiary has been employed outside of the United States for a minimum of one year prior to entering the US. Additionally, any documents submitted must be translated into English and certified.

14. Are previous visas taken into consideration when applying for an L-1 Visa?


Yes, the USCIS may consider any previous visas the applicant has held when considering their L-1 visa application.

15. Can family members accompany the employee under an L-1 Visa?


Yes, family members may accompany an employee under an L-1 visa. Spouses and unmarried/unmarried children under 21 years old of the employee are eligible to enter the U.S. on an L-2 visa. They are eligible to apply for work authorization and may study in the U.S. without having to change their status.

16. Are there any restrictions on employment for those holding an L-1 Visa?


Yes, there are restrictions on employment for those holding an L-1 Visa. Generally, the employee must work for the same employer that petitioned for the L-1 Visa and must stay in the same job role that was approved for the visa. The employee may not work for any other employers in the U.S. without prior authorization from the U.S. Citizenship and Immigration Services (USCIS).

17. Can individuals with an L-1 Visa apply for permanent residence in the U.S.?


Yes, individuals with an L-1 visa can apply for permanent residency in the U.S. In order to do so, they must first file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). In some cases, it may be possible to apply for a green card directly through adjustment of status.

18. Can individuals with an L-1 Visa change employers in the U.S.?


Yes. An individual with an L-1 visa can change employers in the U.S. However, they will need to apply for a new L-1 visa with the new employer.

19. Are there any restrictions on where individuals with an L-1 Visa can work in the U.S.?


Yes, there are restrictions on where individuals with an L-1 Visa can work in the U.S. The L-1 visa holder must be employed by the same foreign employer who sponsored their visa, and cannot work for any other employer or be self-employed. Additionally, the job must be related to the specialized knowledge the individual acquired while working abroad.

20. How will I be evaluated during my interview for an L-1 Visa?


Your interviewer will evaluate you based on the evidence you provide to demonstrate that you are eligible for an L-1 visa according to the necessary criteria. The interviewer will be looking for information about your position, employer, salary, educational qualifications, professional experience and other factors that would prove you are eligible for an L-1 visa.