The purpose of the L visa is for US employers to transfer professionals to a United States location to work temporarily. L visas are nonimmigrant visas, meaning they are temporary and not eligible for adjustment of status to permanent residence (green card).
The L visa is a U.S. visa for Intracompany transferees. There are two L visas – an L-1A visa is for those seeking an intracompany transfer as executives or managers. The L-1B visa is for those with specialized knowledge.
L-1A Visa
The L-1A visa is a visa for executives and managers of international companies. The purpose of the L-1A visa is for U.S. employers to transfer managers and executives to work temporarily in the United States. To qualify for an L-1A visa, you must meet the following criteria:
- Your U.S. company must have a qualifying relationship with the foreign company – it needs to be a branch, subsidiary, affiliate, or joint venture of the foreign company;
- The foreign employer you work for must be currently doing business with the employer you will work for in the United States;
- You have worked for the qualifying organization for at least one year before coming to the United States; and
- The purpose of your stay in the United States is to serve in an executive or managerial position.
Starting a new office
L-1A Employee: A foreign company may send an employee who is in an executive or managerial position to the U.S. to start a new office. To do so, the foreign company needs to have a physical office in the U.S. The new office should support the role of an executive or manager within one year of getting the petition being approved and the employee needs to have worked as a manager or executive for one year during the three years before filing the petition.
L-1B Visa
The L-1B is a visa for professionals with specialized knowledge to work temporarily in the United States as a transfer from a foreign office of the same company. To qualify for an L-1B visa, you must meet the following criteria:
- Your U.S. company must have a qualifying relationship with the foreign company – it needs to be a branch, subsidiary, affiliate, or joint venture of the foreign company;
- The foreign employer you work for must be currently doing business with the employer you will work for in the United States;
- You have worked for the qualifying organization for at least one year within the three years before coming to the United States; and
- You will be providing services as a specialized knowledge professional.
Starting a new office
L-1B Employee: A foreign company can also send a specialized knowledge employee to the U.S. to help set up a new office if one does not exist already.
How to get an L-1A or L-1B visa?
To get an intracompany transferee visa, either as an L-1A Executive or Manager or as an L-1B specialized knowledge employee, your employer has to file Form I-129, Petition for a Nonimmigrant Worker, on your behalf with the USCIS. The application package has to include the filing fee as well all the relevant supporting documents.
On receipt of the application, the USCIS will send an application receipt notice. You may be called for biometrics if applicable. The next step will be an interview if required. Following this, the USCIS will inform you about their decision.
How long can I stay in the U.S. on an L-1 visa?
If you are entering the U.S. on an L-1A or L-1B visa to set up a new office, you will be allowed to stay in the country for one year. If you are entering the U.S. to provide your services at an existing office, you are allowed an initial stay of three years. After that, you can request an extension of status, which will be granted in increments for a maximum limit of 7 years.
Family of L-1 Visa holders
The spouse and unmarried children below the age of 21 of L-1A or L-1B visa holders can apply for L-2 visas. If approved, the duration of stay granted to them will be the same as that of the primary visa holder.