United States L1 Visa for Intra-Company Transfers

Written by Mike Arnold Moderated by Oleksandra Dosii

Mike Arnold

Mike is a freelance writer with eight years of experience and a love for travel, all things business, tabletop games and green tea.

Oleksandra Dosii

Oleksandra is a dedicated marketer with a passion for growing HR-tech products. She believes content marketing is about delivering high-quality content that provides value—not just generating leads. Since 2016, Oleksandra has been involved in tech talent relocation.

Last update: September 13, 2024

Next update: Scheduled for February 1, 2025

The L-1 visa aims to connect multinational companies with their top global talent, allowing them to expand their footprint in the United States.

Designed for executives, managers, and specialised knowledge personnel, the L-1 facilitates seamless intracompany transfers, enabling key employees to continue contributions to the world, just from within the U.S. market.

This strategic visa fosters not just individual career growth but also the transfer of vital skills and knowledge, driving innovation and fueling the success of both companies and their talented workforce.

 

L-1A or L-1B Intracompany Transfer Visa?

It's worth noting that the L-1 visa isn't a one-size-fits-all solution. It caters to two distinct categories of professionals within multinational companies:

L-1A Visa: For executives and managers

• This visa is tailored for individuals who hold key leadership positions within their company, such as CEOs, CFOs, directors, or high-level managers.
• You must demonstrate that you've worked in an executive or managerial capacity for at least one year within the three years preceding your visa application.
• Your role in the U.S. should involve planning, organising, directing, and controlling the company's major functions, with a significant degree of authority and decision-making power.

L-1B Visa: For employees with specialised knowledge

• This visa is designed for individuals who possess specialised knowledge essential to their company's products, services, research, equipment, techniques, management, or other proprietary aspects of the business.
• You must demonstrate that your knowledge is not readily available in the U.S. labour market and that you've gained this specialised knowledge through at least one year of continuous employment with the company within the three years preceding your visa application.

Make sure you choose the right L-1 visa category, which is crucial for a successful application. Carefully assess your role and responsibilities within your company to determine which category best aligns with your qualifications and experience.

What are the Intracompany Transfer Visa requirements?

Whether you're applying for an L-1A or L-1B visa, several fundamental requirements must be met to ensure a successful application.

Employee requirements

• Qualifying work experience: You must have worked for the foreign company in an executive, managerial, or specialised knowledge capacity for at least one continuous year within the three years preceding your application for L-1 status. This demonstrates your experience and expertise within the company.
• Same or similar role in the U.S.: Your intended position in the U.S. must be at the executive, managerial, or specialised knowledge level and should be the same or similar to your role in the foreign company. This ensures continuity in your career path and utilisation of your skills within the company's U.S. operations.

Company requirements

• Qualifying relationship: A qualifying relationship must exist between the overseas company and the U.S. company. This typically means a parent-subsidiary, branch-headquarters, or affiliate relationship, with a high degree of common ownership and control between the two entities.
• Ongoing relationship: The qualifying relationship between the companies must have existed for the entire duration of your one-year employment period abroad. Additionally, this relationship must continue throughout your stay in the United States under L-1 status.

Meeting these requirements establishes the legitimacy of the intracompany transfer and ensures that the L-1 visa is used for its intended purpose It is vital for the visa application's success, so make sure you get it right.

How to apply for a U.S. Intracompany Transfer visa

There are two distinct stages when it comes to obtaining an L-1 visa, each with its own set of procedures and requirements:

Step #1 - Employer petition

The first step is for your U.S. employer to file a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS).

This petition, typically filed using Form I-129 (Petition for a Nonimmigrant Worker), serves as a formal request to classify you as an L-1 nonimmigrant worker.

• Evidence of relationship: A core component of the petition is proving the qualifying relationship between the U.S. company and the foreign company. This involves submitting extensive documentation, such as articles of incorporation, organisational charts, financial statements, and tax returns, to demonstrate common ownership and control.
• Blanket L petition (optional): For larger multinational companies that meet specific criteria, such as having transferred at least ten L-1 employees in the past 12 months or having significant U.S. operations, there's the option to file a blanket L petition. This streamlines the process for future L-1 transfers within the company.

Step #2 - Worker visa application

Once USCIS approves the L-1 petition, you can proceed to the second stage: applying for the L-1 visa itself.

• Form DS-160: Complete the online Form DS-160, Nonimmigrant Visa Application, and pay the associated processing fee. The application takes about 90 minutes to complete.
• Visa interview: Schedule and attend an interview at the U.S. embassy or consulate in your country of residence.
• Supporting documents: Bring all required documents to your interview, including the approved L-1 petition, a letter from your employer confirming the transfer, your job description, proof of your qualifying employment with the foreign company, and evidence of your specialised knowledge (if applicable).
• Interview questions: Be prepared to answer questions about your work history, qualifications, and intended role in the U.S.

Important considerations

• Thorough preparation: Both the employer petition and the worker visa application require extensive documentation and preparation. It's strongly recommended to seek guidance from an experienced immigration attorney to ensure a smooth and successful process.
• Processing times: The processing times for L-1 petitions and visa applications can vary. Factor in these potential delays when planning your relocation to the U.S.
• Premium processing: If you need expedited processing of your L-1 petition, you can opt for premium processing for an additional fee. This guarantees a decision on your petition within 15 calendar days.

How to extend the L-1 Visa

The L-1 visa provides an initial period of stay in the United States, but if you wish to remain in the country and continue working for your company beyond this initial period, you can apply for an extension.

Initial period of stay

• L-1A (executives and managers): The initial L-1A visa is typically granted for up to three years.
• L-1B (specialised knowledge): The initial L-1B visa is usually granted for up to three years, but if you're coming to establish a new office in the U.S., the initial period is limited to one year.

Extensions

• Both L-1A and L-1B visas can be extended in increments of up to two years.
• Maximum stay:
  • L-1A: The maximum total stay under an L-1A visa, including extensions, is seven years
  • L-1B: The maximum total stay under an L-1B visa, including extensions, is five years.

Switching from L-1B to L-1A

It's possible to transfer from an L-1B visa to an L-1A visa from within the United States if you meet the eligibility criteria for the L-1A category. This may be an option if your role within the company evolves into an executive or managerial position.

Pathway to a Green Card

• The L-1 visa is considered a "dual intent" visa, meaning you can pursue lawful permanent resident status (a Green Card) while in the U.S. on an L-1 visa.
• L-1A to EB-1C: Many L-1A visa holders transition to the EB-1C green card category, which is for multinational executives and managers.
• L-1B to EB-2 or EB-3: L-1B visa holders may explore the EB-2 (for professionals with advanced degrees or exceptional ability) or EB-3 (for skilled workers, professionals, or other workers) green card categories.

Extension application process

To apply for an L-1 visa extension, your employer must file a new Form I-129 petition on your behalf before your current L-1 status expires.

The petition should include evidence demonstrating that you continue to meet the eligibility requirements for the L-1 visa and that the qualifying relationship between the companies still exists.

Remember that immigration regulations and procedures can change. It's advisable to consult with a visa consultant to discuss your specific circumstances and explore the best options for extending your stay in the U.S. and potentially obtaining a Green Card.

A note on opening a new U.S. branch

If you're coming to the U.S. to establish a new office for your company, you'll face additional requirements.

You'll need to demonstrate that you have secured suitable physical premises for the new office and provide evidence of your company's financial ability to compensate you and conduct business in the United States.

What are the L1 visa costs?

While the fees involved in applying for an L1 Visa usually fall on the employer's responsibility, some may be borne by the employee.

Starting April 1, 2024: The cost to apply for an L1 visa is $1,385.

• For non-profits and small employers: The fee is reduced to $695. (Small employers have 25 or fewer full-time employees in the USA.)
• This fee applies to:
  • New L1 visa applications from outside the U.S.
  • Requests to change your status to L1 while in the U.S.
  • Renewing your L1 visa.
• No fee waivers: everyone must pay the filing fee.

What happens next:

1. You file the I-129 form and pay the fee.
2. USCIS processes your petition. You'll get a notice that they received it.
3. You may need to:
   • Give your fingerprints (biometrics).
   • Go to an interview.
4. USCIS decides once all steps are complete.

Important note: These fees are subject to change. Always refer to the official website for the most up-to-date fee information.

Bringing dependants to the U.S. on the L1 visa

The L-1 visa isn't just about you; it also extends benefits to your immediate family, allowing them to join you in the United States.

L-2 visa for dependants

• Eligibility: If you are granted an L-1 visa, your spouse and unmarried children under the age of 21 are eligible to apply for an L-2 visa.
• Benefits: The L-2 visa allows your dependants to:
  • Reside in the U.S. for the same duration as your L-1 visa
  • Attend school or university
  • Seek employment authorisation (EAD) to work in the U.S. (subject to certain conditions)

Employment authorisation for L-2 spouses

• EAD application: L-2 spouses can apply for an Employment Authorisation Document (EAD) by filing Form I-765 with USCIS.
• Eligibility: To be eligible for an EAD, the L-1 principal beneficiary (you) must have:
  • An approved I-140 immigrant visa petition OR
  • Be eligible to file for adjustment of status to become a lawful permanent resident
• Work authorisation: Once the EAD is approved, your spouse will receive a Social Security Number and can legally work in the U.S. in any field, either part-time or full-time.

Important considerations

• Dependent's L-2 visa validity: The L-2 visa for your dependants is valid for the same duration as your L-1 visa.
• Potential visa options for dependants: Depending on their circumstances and eligibility, your dependants may be able to switch to other U.S. visa categories, such as the F-1 student visa or the H-1B visa, if they wish to pursue further education or secure employment in their own right.

Talk to a visa consultant

Bringing your family to the U.S. on an L-2 visa allows you to maintain family unity and provide them with opportunities to experience American life and culture.

The L-1 visa facilitates global business expansion, but navigating the application process demands expertise and a keen eye for detail.

A visa consultant can help streamline your journey, ensuring your petition is comprehensive, compelling, and is set up for success from the very beginning.

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