L1 Visa: Requirements, Eligibility, Required Documents, and More!

L1 visa provides a means for large multinational companies to move vital employees to their branches in the United States (US). This type of non-immigrant visa permits certain executives, managers, and specialised knowledge workers to work on a temporary basis in the US. This blog post explains everything you need to know about an L1 visa.

What Is an L1 Visa?

The L1 visa category is primarily designed for intra-company transferees. Foreign enterprises can legitimately transfer their employees with a specialised skill set or management experience to related US-based organisations. The latter notions may imply branches, subsidiaries, or parent organisations in this regard. There are two main types of L1 visas:

1. L1A Visa: It is intended for executives and managers. The employee's position abroad should feature one continuous year of management experience within the past three years.
2. L1B Visa: It is less demanding than the previous type and intended for employees with specialised knowledge. It can refer to know-how, expertise in the company’s products or services, or any proprietary process.

L1 Visa Requirements

To qualify for an L1 visa, both the employer and the employee must meet certain requirements.

Employer Requirements:

• The US company is a qualifying organisation having a defined organisational connection with a foreign company. For L1 purposes, this connection is continuing, functioning, or regularly doing business.
• The US company is actively engaged in business in the US and somehow requires the expertise of an employee.

Employee Requirements:

L1 Visa Eligibility

If you fulfil the criteria above, you are eligible for an L1 visa. Here’s a closer look at them:

• Position: You must qualify for a managerial, executive, or specialised understanding position in the company. In addition, you must have had one year of experience within the past three years.
• Qualifying relationship: The American company must be an affiliate of the foreign company.
• Job duty: The job duties done within the American company should align with what you can do in the foreign company if L1A or require special knowledge if L1B.
• Other considerations: If the latter involves, your qualification will help determine if you hold special knowledge in your field. Furthermore, you may not apply for the L1 if you intend to immigrate to the US.

L1 Visa Requirement Documents

When submitting your petition, the American company where you are going to work will be responsible for the submission to USCIS. Here are the required L1 Visa documents you will be requested to provide:

• Form I-129 will highlight all the information regarding a job and the petitioner.
• Supporting documentation such as proof of qualification, experience, and also showing the relationship between the entities.
• Financial statements: These will help to prove that the company is qualified to undertake at will.
• Offer letter which will highlight your position, salary, and benefit statement. This isn’t a specific requirement; hence it would be crucial that you engage a qualified legal expert.

Also Read - US Visa For Indians: Everything You Need To Know

L1 Visa Fees

Here are some of the L1 Visa costs associated:

• Base Filing Fee: The $460 (₹ 38,375 approx.) filing fee for Form I-129.
• American Jobs Creation Act Fee: An additional mandatory fee. Usually it varies.
• Fraud Prevention and Detection Fee: Depending on your nationality, this fee may apply.
• For Biometric Services: The $85 (₹ 7091 approx.) fee is needed to collect fingerprints and photographs.

Moreover, the total cost of the petition can differ based on the individual case. If you’re looking to buy international travel insurance online, apply for Bajaj Allianz International Travel Insurance today!

FAQs

1. Can my spouse and dependents join me on an L1 visa?

Yes, your spouse and unmarried children under 21 can apply for an L2 visa. The L2 visa allows them to reside in the US but generally prohibits them from working.

2. Can I change employers while on an L1 visa?

Portability of the L1 visa is limited. You can only transfer to another employer if the new company also has a qualifying relationship with your original foreign employer. Consulting an immigration attorney is crucial for navigating this process.

3. Is the L1 visa a path to a Green Card?

The L1 visa itself is not a direct path to a Green Card. However, it can serve as a stepping stone. You can explore options for permanent residency through employment-based Green Card categories while on an L1 visa.

4. How long does the L1 visa application process take?

Processing times for L1 visas can vary depending on USCIS workload and individual circumstances. Generally, it can take anywhere from two to six months to receive a decision.

5. What happens if my L1 visa petition is denied?

If your L1 visa petition is denied, you have the right to appeal the decision. Consulting with an immigration attorney is crucial to understand your options in such a scenario.   Disclaimer: Insurance is the subject matter of solicitation. For more details on benefits, exclusions, limitations, terms and conditions, please read sales brochure/policy wording carefully before concluding a sale.