L-1 Visa: A Comprehensive Guide for Transferring Employees to U.S. Branches

A guide for employers and foreign employees being transferred to a U.S. qualifying organization in a managerial or executive capacity.

We discuss the L-1 visa, including eligibility and requirements for both L-1A and L-1B, as well as the general steps to complete the visa application process.

The L-1 Visa

The L-1 visa is an intracompany transfer or temporary worker visa that permits multinational companies to transfer their foreign employees from an overseas office to a U.S. branch, subsidiary, parent, or affiliate company.

It is a non-immigrant visa that helps companies operate in various countries by letting them transfer vital employees from their foreign office to their U.S. office.

In other words, it will not lead to permanent residency or obtaining a green card without a change in status to a different immigrant visa.

Compared to other visa categories, the L-1 visas do not have restrictions on how many can be issued per year, making backlogs one less thing to worry about for the applicant.

It is reserved for employees in managerial positions or those with essential and specialized knowledge.

There are two categories under the L-1 visa:

• The L-1A visa is for managers and executives who are located outside the U.S. It allows a maximum initial stay of three years.

• The L-1B visa is for intracompany employees with specialized knowledge, allowing a maximum initial stay of five years.

Eligibility for the L-1A Visa

To be eligible for the L-1A Visa, these criteria must be met by both the employer and foreign transferee:

• The U.S. employer and the foreign company, subsidiary, branch, parent, or affiliate company overseas must have a qualifying relationship. This can be established through control, ownership, or having a common parent company.

• The foreign employer is transferred to the U.S. company must be entering the United States to work in a managerial or executive position. Working in a managerial capacity involves managing an essential portion, department, subdivision, or function of the company, including controlling or supervising the work of other employees, making essential decisions, and having the authority to handle recruitment, such as hiring and terminating employees. Working in an executive capacity involves directing the management of the company or its major part or function, including setting objectives and policies and having broad company authority and discretion, with little oversight.

• The foreign employer being transferred to the U.S. organization must have been working at the foreign company for at least a year within the three years preceding their admission to the United States.

•  The foreign employer being transferred must be entering the United States to work for the same employer, be it a parent, subsidiary, branch, or an affiliate company (these are referred to as qualifying organizations).

• If a foreign manager or executive is being transferred to the United States qualifying organization to establish a new office, the employer is required to demonstrate the following:

• • The employer has secured a physical location to house the new office,

• • The foreign manager or executive being transferred has worked for at least one continuous year in the three years preceding the filing of their petition to transfer to the United States, and

• • The new, intended U.S. office location will support an executive or managerial position within one year of the petition’s approval.

Note that qualified foreign managers or executives entering the U.S. to set up a new office are allowed a maximum initial stay of one year. 

Other qualified foreign transferees will be granted a maximum initial stay of three years. All L-1A employees may be granted extensions of stay in increments of up to an additional two years until they have reached the maximum limit of seven years.

Eligibility for the L-1B Visa

To be eligible for the L-1B Visa, these criteria must be met by both employer and the foreign transferee:

• A qualifying relationship between the U.S. employer and the foreign company, be it the parent, subsidiary, branch, affiliate, or other qualifying organization, must exist. This relationship between the foreign company and the U.S. employer must be through ownership, control, or having a common parent company.

• A minimum of one year of continuous employment at the foreign company within the three years preceding their admission to the United States. This position must require the specialized knowledge that qualifies the foreign employee for transfer to the U.S. qualifying organization.

• The foreign employee being transferred to the U.S. must enter the U.S. to work for the same employer, parent company, branch, or other qualifying U.S. organization. This position must be one that requires the specialized knowledge acquired through the employee’s previous overseas employment.

• The foreign employee being transferred to the U.S. qualifying organization must possess specialized knowledge that is specific towards the company’s products, services, research, techniques, management, equipment, or other interests that are not immediately available in the U.S. labor market. A specialized knowledge refers to an advanced and/or complicated expertise, knowledge, or proprietary knowledge of the ins and outs of the company, including its procedures and processes and their application to the international market.

• The foreign employee being transferred to the U.S. must also be entering the U.S. to work for the same employer, parent, branch, or qualifying organization. The position to be filled in the U.S. must be one that requires the specialized knowledge acquired through previous employment.

• If the foreign employee with specialized knowledge or expertise is being transferred to the U.S. qualifying organization to establish a new office, the employer must demonstrate the following:
  • The employer has secured a physical location for the new office in the U.S.; and

• • The employer must have sufficient financial capability to compensate the foreign transferee and begin doing business in the United States. Doing business means the systematic, regular, and continuous business operations of the qualifying U.S. organization. I.e., the selling of goods or services. The office merely existing as an office in the U.S. is not enough.

Note that qualified foreign employees transferring to the U.S. to establish a new physical location or office will be granted a maximum of a one-year initial stay. 

Other qualified employees will be allowed a maximum initial stay of three years. All L-1B employees may request for an extension of stay in increments of up to an additional two years until the employee reaches the maximum limit of five years.

Transferring Families or Dependants

The L-1 visa allows dependents like spouses or unmarried children under the age of 21 to accompany the transferring foreign employee. These dependants can seek admission through the L-2 non-immigrant classification. 

If approved, they will be granted the same period of stay as the foreign employee applicant. For dependants already in the U.S. and would like to switch to the L-2 non-immigrant status, they must file form I-539 collectively.

Step-by-Step Guide to Applying for an L-1 Visa

Applying for an L-1 visa can be complex, depending on the case. It involves documentation and varying supporting evidence; thus, it is best to refer to a checklist to ensure every step is done correctly and accurately.

• Hiring an immigration attorney or availing of immigration plan services as your very first step is highly recommended. Professionals specializing in immigration services have the expertise and in-depth knowledge of the application process. They can provide support, guidance, and honest feedback on the specific requirements, documentation, and potential problems you may encounter in your specific case since every case is different and varies depending on your skills, eligibility, qualifications, company, and other factors. They are familiar with immigration law and can provide tailored guidance. While hiring an immigration service is not mandatory, it is recommended as the first step to ensure that no time is wasted on making errors, mitigating delays and unnecessary procedures. It is especially helpful if you are unsure about certain regulations since immigration laws are often subject to change and updates. Immigration service providers are always up to date and informed about compliance and can assist and check that your strategy is well-planned, streamlining the process and minimizing the risk of a visa denial.

• You must check and confirm your eligibility. Ensure that you meet all requirements for either the L-1A or the L-1B visa. You must be employed by a multinational company with a qualifying relationship with the U.S. company you are being transferred to for at least one continuous year within the past three years preceding the visa application in an executive or managerial capacity or as an employee with specialized knowledge.

• Your employer (petitioner) must file a petition on your behalf as their beneficiary and submit your completed form I-29 and form DS-160 to the United States Citizenship and Immigration Services (USCIS) along with your supporting documents, namely:

• • Documentation that proves the qualifying relationship between the U.S. company and the foreign company.

• • A detailed description showcasing your job description. It must demonstrate your executive or managerial role or your specialized knowledge that is essential to the U.S. company you are being transferred to.

• • Supporting evidence of your employment history with the company, such as tax records, job offers, employment contracts, and pay stubs.

• • Proof of your employer’s ability to financially compensate and support your position in the U.S. company. They can use financial statements, business plans, and other evidence of revenue to prove this ability.

• Prepare your documents. Here are the typical documents, forms, and supporting evidence required for an L-1 visa application:

• • Main documents:
    • Passport (valid for at least six months beyond your intended stay in the U.S.)
    • Form DS-160 confirmation page
    • Visa application fee receipt

• • Employer’s petition forms:
    • Form I-129 (the original approved form filed by your U.S. employer)
    • USCIS approval notice (the original approval notice for the Form I-129 by the USCIS)

• • Supporting documents:
    • Proof of employment (including organizational charts, articles of incorporation, annual reports, or official records demonstrating the qualifying relationship between the foreign company and the U.S. company; employment contract; offer letter; and pay stubs, tax records, and other evidence of employment with the foreign company)
    • Job description (highlighting your job responsibilities, especially your executive or managerial role within the organization)
    • Your employer’s financial documents (highlighting their ability to support your position in the U.S.)
    • Other evidence (such as letters of recommendation from colleagues or clients)
    • Business records and contracts (or other evidence of the company’s business activities in the U.S.
    • Marketing materials and sales reports (or other evidence of the company’s business operations and expansion plans)

• Your employer then must pay for your visa application fee at the same time as the form and supporting documents are submitted to the USCIS. This fee is typically in the local currency of the country where you are applying (USD). The current visa application fee for the L-1 is $460.00. It is best to check the USCIS, as this can be subject to change.

• Schedule an interview. This is typically done at the embassy or consulate in your home country. Prepare the following documents for your interview:

• • Your valid passport (at least six months beyond your intended stay in the United States)
  • Passport-sized photographs (follow the outlined specifications by the embassy or consulate)
  • Form I-29 approval notice
  • Form DS-160 confirmation page
  • All of your aforementioned supporting documents

• Attend the interview on your scheduled date at the U.S. embassy or consulate in your home country. You will be asked questions pertaining to your job responsibilities at the company and the nature of your employment. You must answer truthfully and provide documents whenever necessary. Here are some common questions asked of L-1 applicants:

• • General L-1 questions, such as:
    • Which visa are you applying for?
    • Have you been to the U.S. before? If yes, when?
    • If you had visited the U.S., when did you return?
    • Can you confirm your name and contact details?
    • Can you provide your valid passport, forms, and visa receipt?
    • Have you worked in the U.S. before?
    • Have you worked in any other foreign countries before?

• • General questions about your job, such as:
    • What is your work experience?
    • What is your current employment? How long have you been working for this organization?
    • Who are your customers or clients?
    • What are your current job duties?
    • Who was your past employer before this current job?
    • What is your annual salary?
    • What type of training did you receive for your current position?
    • How many people are working under your supervision?
    • Why do you need to transfer to the U.S. for your current role?
    • Where will you stay in the U.S. and how long will you stay?
    • What is your plan if your current employer terminates you?

• • General questions for the L-1A visa (executive or managerial position), such as:
    • Will you have control over the organization’s finances?
    • How many people will work under you or report to you?
    • What will be your responsibilities and daily duties in your new job in the U.S.?
    • Will you have the ability to hire and terminate employees in your new job in the U.S.?
    • When did you last hire or terminate an employee from their role?

• • General questions for the L-1B visa (specialized knowledge), such as:
    • What is your working experience in this profession?
    • Can you mention the professional skills required for this U.S. role?
    • What makes you necessary for this job role? Why can’t a U.S. citizen perform this job?

• Pay the issuance fee. Once your L-1A or L-1B visa is approved, you will be required to pay an additional issuance fee (shouldered by your employer or petitioner). The consular office will provide the fee and payment instructions.

• You will receive the visa after you pay the issuance fee. The consular office will inform you about the visa pick-up process, where your passport will be returned to you with the L-1A or L-1B visa.

• Once you have received your passport with your L-1A or L-1B visa, you may travel to the United States and begin working. You must remember to carry necessary documents, including your supporting documents or evidence, for a smooth immigration process.

Contact our team today to learn more about the L-1 visa. Our team of experts will analyze your eligibility and guide you step-by-step.