What Isthe L-1 Visa?
The L-1 visa is available for employers wishing to transfer employeesfrom aforeign branch, subsidiary, affiliate, parent or related corporate entityto work at arelatedU.S.Entity.
Another requirement is that the foreign national must have been employed with the organization outside of the U.S. for at least onecontinuous year in theprecedingthreeyears at a qualifying foreign entity.
There are two categories under the L-1 visa:
- L-1A: Intracompany Transferee for Executives or Managers
- L-1B: Intracompany Transferee for Employees with Specialized Knowledge
Bothcategorieshavetheirown eligibility requirements.
What Isthe L-1A Visa?
The L-1A visa is for foreign nationals whohaveworkedaboardat a foreign affiliate of the sponsoring U.S. entity in an executive or managerial capacity.
Executive capacity refers to the employee's ability to make major decisions without much oversight.
Managerial capacityrefers to the ability of the employee to supervise and direct the work ofotheremployees and to manage the organization, or department, subdivision, function orothercomponent of the organization.
Additional requirements for the L-1A visa include the following:
- Candidates must have worked at a related entity abroad for at least 12 continuous months out of the last threeyears at the time of application
- The work or service must be in an executive, managerial or specializedknowledge capacity for a parent company, branch, subsidiary or affiliate of the same employer
- There must be a qualifying relationship with a foreign company such as a parent company, branch, subsidiary or affiliate
Also, if the executive's or manager's reason for travel is to open a new office in the U.S., the following conditions must be met:
- The employer has secured the physical office location
- The individual must have executive, managerial or specialized knowledge capacity
- The executive or manager has been employed in that position for onecontinuous year in the threeyears preceding the filing of the petition
The intended U.S. office will support an executive or managerial position within oneyear of the approved petition.
What Is L Blanket Certification?
Some companies choose to establish an intracompany relationship in place of filing individual L-1 petitions. This means the employee can apply for the L visa directly at a U.S. Consulateand not in the U.S.
To learn more about L Blanket certification, download our guide, IntroductiontoL Visas.
How Long Doesthe L-1A Visa Last?
The L-1A visa has an initial period of stay of threeyears. Individuals can apply for renewals and may receive twoextensions granted intwo-yearincrements. This meansindividuals on an L-1A visa can remainin the U.S. for a total of sevenyears.
It's also important to note that an L-1Acould have more thanone, two or threeextensions iftheL-1A visa holdertravelsoutside the U.S.They get to recapture that time, meaning someone could potentially stay in the U.S. for an even longerperiod oftime.We recommend speaking to an attorney for more information.
If the temporary nature of the assignment changes, we recommend speakingto an attorney.
L-1A VisaPetitionand Filing Fees
- Petitionfiling fee:$960
- Premium processing: Employers can pay the $1,440 premium processing fee when available. This means USCIS will adjudicate the L-1A petition within 15 calendar days. With premium processing, USCIS is required to approve, issue a request for evidence or deny the visa petition within those 15 calendar days.
Please note that the above fees specifically refer to applying with USCIS.
What Is the L-1B Visa?
The L-1B visa allows a U.S. employer to transfer an employee with specialized knowledge relating to the organization from one of its affiliated foreign offices to a U.S. parent company, subsidiary, affiliate or branch.
An employee must meet the following requirements in order to qualify for the L-1B visa:
- Have worked in the qualifying organization for at least 12 continuous months within the last three years leading up to transferin an executive, managerial or specialized knowledge capacity.
- Have specialized knowledge based on employment with the foreign employer that will be used in the U.S.
What Is Specialized Knowledge?
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).
If the employee's reason for working in the U.S. is to open a new office, the following conditions must be met:
- The employer has secured a sufficient physical location to house the new office
- The employer has the financial ability to compensate the employee conducting business in the U.S.
How Long Doesthe L-1B Last?
The L-1B visa has an initial period of stay of three years. Individuals can apply for renewals andmay receive one extension granted in a two-year increment. This means individuals on the L-1Bvisa could potentially stay in the U.S. for a total of five years.
It's also important to note that an L-1B could have more than one, two or three extensions if the L-1B visa holder travel outside the U.S. They get to recapture that time, meaning someone could potentially stay in the U.S. for an even longerperiod of time. We recommend speaking to an attorney for more information.
If the temporary nature of the assignment changes, we recommend speaking to an attorney.
L-1BVisa Petitionand Filing Fees
- Petitionfiling fee:$960
- Premium processing: Employers can pay the $1,440 premium processing fee when available. This means USCIS will adjudicate the L-1B petition within 15 calendar days. With premium processing, USCIS is required to approve, issue a request for evidence or deny the visa petition within those 15 calendar days.
Please note that the above fees specifically refer to applying with USCIS.
If the foreign national is outside the U.S., he/she likely will need to apply for a visa to enter the U.S. in the specific visa category prior to entering the U.S. in the specific status.
To learn more about Lvisas, download our guide, Introduction to L Visas.
Originally published 21 August, 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
