A Guide to the US L1 Visa
If you want to live and work in the US the L1 Visa may be the best Work Visa for you. In this guide, our US Immigration Solicitors look at how the L1 Visa works and the eligibility criteria.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
The L1 Visa
The L1 Visa is a type of US Work Visa that enables employers to transfer existing employees to the US branch of the company. The immigration rules say the company is not limited to the US branch – the US-based business can also be the parent company, an affiliate company or a subsidiary.
Employer-initiated Work Visa
The L1 Visa is employer-initiated because an individual visa applicant can't just decide that they want to move from the UK or the Middle East to the US and work for their existing employer or its associated company.
The first step in the L1 Visa application process is for the US-based company to start the visa application process by filing a petition as the petitioner. The L1 Visa applicant is referred to as the beneficiary.
Types of L1 Visa
There are two types of L1 Visa:
- L1A – this is for a manager or company executive
- L1B – for a worker with specialist knowledge
Our US Immigration Lawyers can advise you on whether the L1A or the L1B Visa best meets your work experience and circumstances.
The length of the L1 Visa
When you are relocating your life and family to the US one of your first questions about the L1 Visa is its length. The length of your Work Visa depends on whether it is an L1A Visa or L1B Visa.
- The L1A Visa for managers and executives initially lasts for three years. The visa can be extended for a total of up to seven years
- The L1B Visa for people with specialist knowledge initially lasts three years but it can be extended to a total of five years
Unlike some other US Visas, you can eventually settle in the US if you enter on an L1 Visa. That’s because the Work Visa is what is called a dual-intent visa. This means you can either live and work in the US for the period of the L1 Visa or use it as a way to decide if you want to permanently stay in the US.
Salary requirements for the L1 Visa
Unlike in the UK with the Skilled Worker Visa, there is no minimum salary threshold associated with the L1 Visa. Your US employer can pay you what they think the job is worth without needing to refer to visa income thresholds. However, depending on the location of your US employer, the company will need to comply with any state rules on minimum salary levels for all employees.
The lack of immigration-led salary requirements, combined with the dual-intent nature of the visa, gives flexibility for employers and employees.
Family-friendly L1 Visas
US Immigration Attorneys describe the L1 Visa as family-friendly as the immigration rules allow:
- Your spouse and your unmarried children under 21 years to go to the US with you as your dependants
- A spouse can obtain authorisation to work in the US
- Dependent children can be educated in the US
Which jobs qualify for a L1 Visa?
Although there isn’t a list of specific managerial or specialist jobs that meet the L1 Visa criteria the area of employment must be either managerial or executive or, for the L1B Visa, a specialist role.
To meet the general L1 Visa criteria, you must have been continuously employed full-time by a non-US company for at least a year within the last three years before the US company files the L1 Visa petition. Trips to the US for secondment to see if US relocation would work for you and your family will not reset the clock on your period of continuous employment but the period in the US does not count as continuous employment by the non-US company.
Working in a managerial capacity is not defined as a specific job title but the rules mean that the L1 Visa applicant must have:
- Managed a business or a department or subdivision within the business or been responsible for a specific management role
- Supervised the work of other employees or exercised control over their work or managed a function of the business
- Had the authority to recruit or release workers for the business, department or team
- Had discretion and authority to manage the department or the function they had managerial authority over
Working in an executive capacity is similar but the rules say the visa applicant needs to:
- Direct the management of the business or an aspect of it
- Establish the policies of the business or the policies within a department or function
- Have some discretionary decision-making
- Not be closely monitored or supervised by others – only by senior members of the company, such as board directors
For an L1B Visa based on specialist knowledge, the criteria are either:
- Special knowledge of the company product and the application of the knowledge to international markets or
- An advanced level of knowledge of the processes and procedures of the company
Importantly, the transferring non-US-based company must remain in operation and have a relationship with the US company.
How OTS Solicitors can help you with your L1 Visa application
Our US Immigration Solicitors can review your company role carefully and advise on whether you will likely meet the L1A Visa or L1B Visa criteria. We’ll also explain the documents you need to apply for your visa and guide you through the application process.
US Immigration Solicitors
For US immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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