L-1 Visa FAQs

There are numerous types of immigrant visas, making immigration a complicated process. The following are some common questions regarding L-1 visas.

What Is an L-1 Visa?

An L-1 Intracompany Transfer Visa is available to some foreign nationals who have been employed outside of the U.S.

The applicant must be:

• Employed as a manager or executive for a branch or subsidiary of a U.S.-based company.
• Requested for intracompany transfer to a U.S. branch.
• Worked for the U.S. company for at least one of the three years prior to applying for the visa.

How Does the L-1 Visa Work?

Intracompany transfer L-1 visas allow a foreign person who has been working continuously for a foreign company overseas for at least one of the last three years to work for the overseas company’s branch or subsidiary in the United States as a manager or executive or as a specialized knowledge employee.

Can I Apply for an L-1 Visa Myself?

Under current immigration law, the L-1 visa application needs to be filled out and submitted by the employer, not the employee seeking the intracompany transfer. Forms will be requested and submitted by the employer on behalf of the foreign national employee. Employers are usually U.S.-based corporations or foreign companies with branches here.

How Does the Transferee Obtain an L-1 Visa?

A foreign L-1 transferee must be seeking entry into the U.S. for the purpose of taking on a managerial, executive, or specialized position. This future transferee will need to demonstrate that they possess the knowledge and experience necessary to fulfill such a position within the U.S. company and that they will be in a managerial or executive position.

An executive position is defined as one who is able to make decisions with a wide latitude without much oversight.

A managerial position is defined as someone who supervises other employees within a U.S. firm.

What Are the L-1 Visa Requirements for a U.S. Company?

A U.S. company seeking to petition on behalf of an L-1 visa applicant must have a “qualifying relationship” with a foreign company.

The U.S. company must also conduct business as an employer in at least one foreign country through the company with which it has a “qualifying relationship,” as previously defined. Despite the regulation not requiring international trade, this business must be viable.

Lastly, the company’s U.S. office need not exist prior to the transfer of the L-1 visa employee, but in that case, the application must demonstrate that the company has secured sufficient physical premises to accommodate the new office.

To Apply for the L-1 Visa, What Type of Business Must I Have?

Any company can apply for an L-1 visa if there is a qualifying international relationship between the companies.

Is There Any Documentation I Need to Submit to Get My L-1 Visa Approved?

L-1 visas require a lot of documentation. Under immigration regulations, the petitioner must submit self-proving documents from the foreign company to prove all the facts.

How Long Does it Normally Take to Process an L-1 Visa?

Under normal circumstances, it takes two to five months for an L-1 visa to be fully processed. Premium processing can take only two weeks if you request it. However, much time is needed to prepare the application itself.

What is “Premium Processing” and How Much Does it Cost?

There is a premium processing service offered by USCIS that allows petitions to be processed more quickly. There is a guarantee of an initial response (which can be a request for evidence) within fifteen days, but the applicant must pay $1,225 in fees.

Is it Possible for the Family of an L-1 Visa Holder to Work/Attend School?

The spouse of an L1 visa holder will be eligible to work. Additionally, your children will be able to attend private and public schools in the United States. It is not possible for children to work for a living.

Can I Change Jobs?

A foreign national employee on an L-1 visa in the U.S. is generally allowed to transfer or change jobs, but only with the same company that initially sponsored the employee. The employee can also transfer to a company affiliated with the U.S. company that sponsored them.

Any changes in job location or employment status must be reported to USCIS. Additionally, foreign nationals must apply for a different type of work visa if they wish to work for a different company than the one that sponsored them.

Is it Possible to Transfer my L-1 Visa to Another Company?

You are allowed to transfer as long as you continue to work for one of the company’s branches or affiliated companies. USCIS must be notified, however. Alternatively, you can inform your attorney, who will take care of the paperwork.

A different visa is required if you intend to work for a totally different company.

Once in the U.S., Can an L-1 Visa Holder Change Their Status?

Providing they did not enter the U.S. on ESTA and are eligible for this visa type, this shouldn’t be an issue.

Can I Bring My Family With Me to the U.S.?

L-1 visas are available to spouses and unmarried children under the age of 21. Unless they are exempt from visa requirements, family members seeking to enter the country will need to apply for an L-2 visa at the appropriate U.S. consulate office or embassy before departing.

Those with L-2 visas can claim dependency on a person with L-1 status. L-2 visas require the following:

• Valid passports
• Evidence of the familial relationship, such as a birth or marriage certificate
• Copies of the L-1 approval notice.

Those who are already in the U.S. may also apply for a change of status to L-2 if their current status allows it.

Can My Family Members Work in the U.S.?

Immigration law changes have allowed spouses of foreign national spouses with L-1 visas who have L-2 status to petition for work authorization in the U.S. However, children with L-2 status are generally not allowed to work in the U.S.

What If I Get Fired or Laid Off?

An L-1 visa holder who is fired or laid off must leave the U.S. If the company ceases to operate in the U.S., they must also leave.

However, it may be possible to apply for a change of status, such as a visitor status. You can stay in the country for a limited period of time this way. If someone is laid off, they might be able to find a new employer who will sponsor them for a work visa.

Do I Need an Immigration Lawyer?

The L-1 visa is a very specific type of visa. To ensure every form is filled out properly, it is wise to consult with an experienced immigration lawyer. When you have been requested to appear before an immigration judge or panel, an attorney can provide you with up-to-date information regarding L-1 visa laws and also represent you in court.

Do not risk deportation or rejection from entering the U.S. Use LegalMatch to find the right immigration lawyer for your needs today.