The L visa category encompasses two distinct visas (L-1A and L-1B visas) applied for temporary intracompany transferees who either occupy an executive or managerial position or have specialized knowledge.
In this article, you will find out the requirements to obtain an L1 visa.
L1 Visa Requirements ā Key Elements
The L category is a nonimmigrant worker visa category that permits eligible foreign nationals to work in the United States as intracompany transferees within a limited period.
The L-1A visa is applied for intracompany transferees who occupy executive or managerial positions in a company established out of the United States. Similarly, the L-1B applies for intracompany transferees who work in positions that required specialized knowledge.
Applicants cannot apply for L1 visas by themselves. Instead, an employer must file Form I-129 (Petition for a Nonimmigrant Worker) to apply for a visa on their employer’s behalf. When applying for the visa, the employer must pay the required fee and submit all required evidence and supporting documentation.
In most cases, the L1 visa is used by foreign companies to send an employee to the United States to establish a new office. If this is the case, the United States Citizenship and Immigration Services (USCIS) will require evidence showing that:
- The new office has a physical location (business address) in the United States
- The employee has been employed as an executive or manager for at least one continuous year in the three years before filing the petition, and
- The new US office will support an executive or managerial position at least one year upon the approval of the petition
L1 Visa Requirements – Applying for an L-1A Visa
The L1-A nonimmigrant visa permits a US employer to transfer an executive or manager from one of its offices located abroad to occupy a position in an existing affiliated office in the United States or establish a new office on American soil. To qualify for an L-1A visa, the employee must:
- Have been working for a qualifying organization abroad for at least one continuous year within the three years immediately before your admission in the country, and
- Enter the United States to provide executive or managerial services for a branch of the same employer or an affiliated qualifying organization
L1-A applicants must prove they have “executive capacity,” which refers to the ability to make a wide range of decisions in a company without requiring oversight.
L1 Visa Requirements – Applying for an L-1B Visa
Similarly, the L1-B nonimmigrant visa permits a US employer to transfer a professional with specialized knowledge from one of its offices located abroad to occupy a position in one of its offices in the United States. To qualify for an L-1B visa, the employee must:
- Have been working for a qualifying organization abroad for at least one continuous year within the three years immediately before your admission in the country, and
- Enter the United States to provide services according to his or her specialized knowledge to that same employer or an affiliated qualifying organization
According to the USCIS, the term “specialized knowledge” may refer to:
- āKnowledge about the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or
- An advanced level of knowledge or expertise in the organization’s processes and proceduresā
Do You Want to Work in the US Under L1 Status? – Immediately Contact an Expert Immigration Attorney at Jurado & Associates, P.A.
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