L-1 Visa Requirements & Application Procedures

Companies with subsidiaries or affiliates in other countries that meet a few basic requirements can use the L-1 visa to transfer employees to branch in the United States.

Large companies with locations in more than one country often have an urgent need to send an employee to a different part of the organization, and the L-1 visa allows for a timely transfer.

Categories and Subcategories of L-1 Visas

Like most visas issued by US Citizenship and Immigration Services, there are divisions of the L-1 visa that have different requirements.

There are:

• Standard L-1 visas, which must be applied for and approved individually by USCIS
• Blanket L-1 visas, available to companies that routinely have a large number of intracompany transfers

Blanket L-1 visas are less common. To apply for an L-1 visa as an employee of a company that has already been approved for blanket L-1 visas, the only requirements are to file documents that show qualifications for the position along with a copy of the approved blanket petition.

Standard L-1 visa petitions are divided into L-1A and L-1B subcategories.

L-1A: Intracompany Transferee Visa for Executives or Managers

The L-1A visa allows a company to transfer an executive or manager from one of its affiliated offices to an office in the United States.

This visa also allows an international company to send an executive or manager to the United States with the purpose of establishing a new US branch or affiliate office of the company.

L-1B: Intracompany Transferee Visa for Employees with Specialized Knowledge

The L-1B visa allows a company to send an employee who demonstrates professional knowledge of the business’ interests to an affiliated office in the United States, or to help an executive or manager establish a US branch.

Employer & Employee L-1 Visa Requirements

USCIS has strict requirements that both employers and their employees must meet before an L-1 visa petition is granted.

An employer:

• Must be a company that has or will have branches, subsidiaries or affiliates in one or more different countries
• Is involved in or will be involved in expanding business in the United States
• Will continue business in the United States and at least one other country during the beneficiary employee’s stay in the US

An employee:

To break down these L-1 visa requirements, “executive capacity” means the employee can make important decisions without oversight. “Managerial capacity” refers to the employee’s ability to control a department of the organization as well as supervise employees. “Specialized knowledge” is demonstrated by knowing information beyond the ordinary about the company’s services, products, equipment or research.

L-1 Visa Application Process

To apply for an L-1 visa, an employee files Form I-129, Petition for a Nonimmigrant Worker with USCIS. Supporting documentation from employers proving the above requirements is necessary to submit with the I-129.

Once the I-129 is approved, the employee meets with the US Embassy or Consulate in his or her country to be issued a visa. The visa is a nonimmigrant visa that is valid for a period of between three and five years. The L-1 visa is even considered to be a “dual intent” visa, so L-1 transferees who meets all employment sponsorship requirements can even adjust their status to apply for an employment-based green card.

As more companies get bigger and go global, the L-1 visa continues to be a popular option for business growth and immigration opportunity.

Related Posts:

• Navigating the 3 Different Types of US Visas
• Q-1 Visa Furthers International Cultural Exchange
• The Differences Between H-1B and B-1 Business Visas
• The B-1 Business Visitor Visa & the Business Visa Center
• 7 More Questions About the Immigration Process

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