L1 Visa

L1 Visa Guide: Key Things You Need to Know About the L1 Visa

Overview of the L1 Visa

The L1 visa offers a strategic immigration solution for individuals seeking to live and work in the United States, enabling foreign companies to transfer key employees to U.S.-based branches, parents, subsidiaries, or affiliates.

L1 Visa Overview

The L1 visa is a non-immigrant visa allowing foreign companies to transfer managers, executives, or specialized knowledge employees to affiliated U.S. companies, including:

  • Parent companies
  • Subsidiaries
  • Branch offices
  • Affiliates

L1 Visa Classifications

  • L1A: Managers and executives
  • L1B: Specialized knowledge workers

Eligibility Requirements

  • The U.S. company must file the petition on behalf of the employee (self-petition not allowed).
  • The U.S. company is the petitioner; the L1 visa recipient is the beneficiary.

Benefits of the L1 Visa

  • Long-term U.S. residence and employment: Enables extended stay in the U.S.
  • Immigration benefits for spouse and children: Provides opportunities for family members to accompany the visa holder.

Key Points

  • Foreign companies can transfer employees to related U.S. companies.
  • The U.S. company must be a parent, subsidiary, branch, or affiliate of the foreign company.
  • L1A is for managers/executives; L1B is for specialized knowledge workers.
  • The U.S. company must file a petition on behalf of the employee.

Advantages of the L1 Visa

  • Live and Work in the U.S.: Authorizes living and working in the U.S. for your L1 employer.
  • Extended Stay:
    • L1A (managers/executives): Initial stay of 3 years, extendable to 7 years.
    • L1B (specialized knowledge): Initial stay of 3 years, extendable to 5 years.
  • Dual Intent: Allows temporary residence while considering future U.S. immigration.
  • No Wage Requirements: No specific wage requirements, but the U.S. employer must comply with state and federal minimum wage laws.
  • Family Benefits:
    • Spouse and unmarried children under 21 eligible for L2 status.
    • Spouse can obtain employment authorization.
    • Children can attend U.S. schools.
  • Premium Processing: Expedited processing available for an additional $2,500 fee, with a 15-day response time.
  • No Annual Limit: No quota on the number of L1 visas issued.

Requirements for an L1 Visa

To qualify for an L1 visa, you must meet these four key requirements:

  1. Qualifying Relationship: A parent/subsidiary, branch office, or affiliate relationship between the foreign and U.S. companies.
    • Parent/Subsidiary: Ownership or control of 50% or more.
    • Branch Office: Same company, different location, registered as a foreign corporation.
    • Affiliate: Common ownership/control by parent company/person or multinational accounting firms.
  2. Continuous Employment: One year of full-time employment with the foreign company within the last three years.
    • Continuous employment abroad (excluding brief U.S. trips).
    • Must be full-time (35+ hours/week).
    • Exceptions for affiliated companies.
  3. Foreign Employment Capacity: The employee must hold a managerial, executive, or specialized knowledge role with the foreign company.
    • Managerial: Management of an organization/department and supervision of professionals.
    • Executive: Directing management, goal-setting, and discretionary decision-making.
    • Specialized Knowledge: Advanced company product/process knowledge or uncommon industry expertise.
  4. U.S. Employment Capacity: The employee must hold a managerial, executive, or specialized knowledge role with the U.S. company.
    • Definitions align with those for foreign employment capacity.

If you have any further questions, please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!