The L1 visa is a valuable option for multinational companies seeking to transfer employees to their U.S.-based offices. This visa category enables employees with specialized knowledge or managerial/executive roles to work temporarily in the United States.
The seasoned immigration attorneys at Francis Law Center, located in Chicago, Naperville, IL, Schaumburg, IL, and Madison, WI, are here to guide you through the intricate L1 visa process, ensuring a smooth and successful transition.
What is the L1 Visa?
The L1 visa is a non-immigrant visa allowing multinational companies to transfer employees from foreign to U.S. offices. It consists of two subcategories:
L1-A Visa: Reserved for executives or managers transferred to a U.S. office within the same company or organization. The transferred employee must have a supervisory role or manage an essential function or division.
L1-B Visa: Designed for employees with specialized knowledge in their field who are being transferred to a U.S. office within the same company. The employee must possess unique expertise or proprietary knowledge critical to the organization’s operations.
How to Qualify for the L1 Visa
To qualify for the L1 visa, applicants must meet specific eligibility criteria.
They need at least one year of continuous employment with the overseas company within three years before their L1 visa application. Furthermore, their role within the company should have been at an executive, managerial, or specialized knowledge level.
The company itself must also meet some specific criteria. For example, the U.S. and foreign companies must demonstrate a qualifying relationship, such as a parent, subsidiary, affiliate, or branch office relationship. In addition, the U.S. company must be actively engaged in business operations.
The L1 Visa Process
The L1 visa has to be filed by the U.S. company (employer) on behalf of the applicant (employee), meaning an individual cannot petition for themselves to obtain an L1 visa. The L1 visa process is complex and involves several steps. Understanding each part of the process will help ensure your chances of success and mitigate potential errors.
The Petition
The initial move towards securing an L1 visa involves the employer submitting Form I-129, a Petition for a Nonimmigrant Worker. This form establishes the relationship between the employer and employee and outlines the transfer details for USCIS.
Along with the form, the petitioner must provide any supporting documentation necessary and any required initial evidence. They must also pay the required filing fee of $460.
The employer will need to be able to provide evidence of the qualifying relationship between the U.S. and a foreign company, the employee’s qualification, and the need for the transfer.
The Visa Application
Once the form I-129 is approved, the employee can apply for the L1 visa by going to the U.S. embassy or consulate in their home country. The application process involves completing additional forms, attending an interview, and submitting required documents or evidence.
Wait and Processing Times
The processing times for L1 visas can vary based on various factors, including the workload of the USCIS and the specific U.S. embassy or consulate handling the application. Therefore, planning and submitting the application well before the anticipated start date is advisable to account for potential delays.
The wait times for visa issuance may also vary, and applicants should monitor the U.S. Department of State’s visa bulletin for updates on visa availability.
Common Challenges in Obtaining an L1 Visa
Obtaining an L1 visa can present certain challenges for applicants throughout the process. These may include:
Establishing the qualifying relationship: Demonstrating the relationship between the U.S. and foreign companies can be complex depending on the ownership structure or if it’s a newly-established entity.
Providing specialized knowledge: For L1-B applicants, providing evidence of technical expertise can be challenging. The applicant must demonstrate their ability is unique and not readily available in the U.S. job market.
Meeting managerial or executive criteria: For L1-A applicants, it may be difficult to effectively demonstrate their managerial or executive roles within the company. They must provide substantial evidence of their decision-making authority, supervisory responsibilities, and overall leadership contributions.
Navigating the L1 Visa Process with Francis Law Center
Navigating the L1 visa process can be complex and overwhelming. Still, with the expertise and guidance of Francis Law Center, you can overcome challenges and increase your chances of a successful visa application.
Our experienced immigration attorneys have in-depth knowledge of L1 visa requirements and procedures. In addition, we provide personalized assistance, from preparing the employer petition and compiling supporting documentation to offering expert guidance during visa interviews.
With Francis Law Center by your side, you can confidently navigate the intricate L1 visa process, ensuring a smooth adjustment for you and your company. Contact us today to get started.
