US Immigration Lawyer’s Guide to the L1 Visa Intracompany Transfer Process
In this guide, our US Immigration Lawyers examine the L1 Visa intracompany transfer process.
If you need assistance with an L1 Visa application, our specialist L1 Visa Solicitors can guide and support you through the process.
US L1 Visa Lawyer London
For US immigration advice contact OTS Solicitors. Appointments are available for phone, Zoom or Skype consultations or at our offices in London.
L1 Visa basics
The L1 Visa is a US Work Visa for employees of multinational companies requiring a visa to work at a US-based subsidiary, branch, or parent company of their employer.
There are two L1 categories:
- L1A Visa - for executives and managers
- L1B Visa - for employees with specialised knowledge
The executives' and managers' visa
The L1A Visa allows employees with managerial or executive jobs within a global company to transfer to the US offices of the company so they can manage the business from the US.
The duration of the L1A Visa is initially three years but it can be extended to a total of seven years. Importantly, this category of Work Visa can lead to a Green Card under the category EB-1C.
The specialised knowledge workers' visa
The L1B Visa enables non-US employees with specialised knowledge to apply for permission to work in the US. The employee’s specialist knowledge must be essential to the operation of the company. It's essential to address the nature of the specialist knowledge and its relevance to the company as part of the visa application process.
The initial duration of the L1B Visa is three years, but it can be extended to take the total Work Visa length up to five years.
After reaching five years on the visa, the employee either needs to leave the US or successfully apply to switch to a different visa category.
It is possible to switch from an L1B Visa to an L1A Visa if a specialist worker moves to a managerial or executive position within the US company.
Eligibility for the L1A and B Visas
For both categories of L1 Visa the employer and the employee must meet specified eligibility criteria.
The employer must:
- Be in a qualifying relationship – this means the US company must be legally associated with the non-US company the visa applicant is employed by. The relationship can be one of parent company, branch office, affiliate, or subsidiary company
- Be active – the US and non-US companies must be actively in operation. This must be the case throughout the L1 Visa holder's visa
The employee must:
- Have been employed by a non-US company for at least one continuous year within the last three years before the employee’s intracompany transfer to the US company
- Have an eligible job – this can either be in management, executive role or involve specialised knowledge
The L1 Visa intracompany transfer process
The L1 Visa intracompany transfer process is a two-stage application:
- Petition by the US employer using Form 1-129. This is a petition for a nonimmigrant worker
- L1 Visa application by the employee by completing Form DS-160
Until the employer’s petition is approved, the employee can't start stage two of the process.
L1 Visa petition approval
The petition approval process involves three forms:
- Form 1-129 – filed by the employer (petition for a nonimmigrant worker) to US Citizenship and Immigration Services (USCIS)
- Form 1-797 – issued by USCIS as the notice of action to enable the employee to start their Work Visa application process
- Form DS-160 – prepared and filed online by the employee as it is the nonimmigrant visa application
Form 1-129 must be accompanied by evidence of:
- Company relationship between the US and non-US company
- The employment of the employee by the non-US company – this needs to include information about the employee’s job role, salary and experience
- The US job to include information on the employee’s managerial, executive, or specialised knowledge
Armed with Form 1-797 (notice of action) the employee's part in the intracompany transfer process begins. They must:
- Apply for their L1 Visa – the application is made at a US consulate or embassy after the employee completes Form DS-160 online and pays the visa application fee
- Attend an interview at the US consulate or embassy
The employee needs to take the following paperwork to their visa interview:
- Passport – this must be valid
- Form I-797 notice of action
- Form DS-160 confirmation page
- Letter from their US-based employer outlining their employment in the US
- Evidence the employee meets the L1 Visa eligibility to include job description in US and non-US companies and, where relevant, evidence of their specialised knowledge
The simpler L1 Visa intracompany transfer process
An L1 Blanket Petition simplifies the L1 Visa intracompany transfer process by pre-approving intracompany transfers. This is an option for larger US companies transferring several employees to work in the US.
The eligibility criteria for blanket certification are that the US company can demonstrate:
- They are engaged in commercial trade or services ( any parent company or subsidiaries must also be able to evidence this)
- It has had a US office and has been doing business in the US for at least 12 months
- It has at least three US and non-US branches, subsidiaries or affiliates
- It and any qualifying organisations meet specific size and sales criteria
An experienced US immigration attorney can go through the detailed blanket petition eligibility criteria with your US company to decide if your business meets the necessary criteria. It’s a worthwhile exercise as it avoids company personnel having to complete Form 1-129 each time it wants to transfer an existing employee to a US parent, subsidiary or branch office.
Timeframe to complete the L1 Visa intracompany transfer process
The timeframe to complete the intracompany transfer process varies depending on the company and the employee but on average it can take from around one to four months to complete unless the US company elects premium processing. That can speed up the timeframe to about 15 days.
Our top US visa lawyers in London can help guide your business through the L1 Visa intracompany transfer process to make the application as straightforward as possible for the company and the transferring employee.
US L1 Visa Lawyer London
For US immigration advice contact OTS Solicitors. Appointments are available for phone, Zoom or Skype consultations or at our offices in London.
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