What is the L1 Visa? A Guide to Fees, Eligibility, Benefits, and Requirements

Introduction

The L1 visa is used by multinational companies to transfer their employees from any other country to their United States office,  wherein employees could be managers, executives, or individuals with specialized knowledge. For this visa to be issued, the United States company must be a branch, parent, subsidiary, or affiliate of the foreign company. The L1 visa is a non-immigrant visa, however, it allows the employee and his family to live and work in the U.S.

There are two types of L1 visas: 

1. L1A visa for managers and executives, 
2. L1B visa for specialized knowledge workers. 

An important detail about this visa application is that it cannot be used for self-petition by employees. Only a U.S. company can submit the application on behalf of the employee, with the company serving as the petitioner and the employee as the beneficiary.

How do L1 visas benefit foreign employees?

The following are the L1 visa benefits for foreign employees: 

1. You can legally work and live in the U.S. 
2. Both of these L1 visas are initially valid for up to 3 years, which can later be extended for up to 7 years for L1-A and 5 years for  L1B visas. 
3. Immigration with an L1 visa allows holders to have both non-immigrant and immigrant intent, enabling them to pursue permanent residency while in the U.S.
4. There is no minimum wage set for the L1 visa. However, it is the responsibility of the employers to provide the minimum wage.
5. As an L1 visa holder, you can take your spouse and unmarried children under 21 who can also study or work in the U.S.
6. Generally, there is an annual cap on the number of visas issued to the applicant based on their country of origin. Still, there is no annual cap on the number of L1 visas issued, which provides greater opportunities for eligible applicants.

What are the employer requirements for the L1 Visa?

To qualify for an L1 visa the employer must meet specific criteria:

1. There must be a relationship between the foreign company and the U.S. employer in the following form:
   • Parent/Subsidiary
   • Branch Office
   • Affiliate (Meaning that the company is owned or controlled by the same entity or group)
2. The employer must prove that the employee who is chosen must have worked in a managerial, executive, or specialized knowledge capacity for at least 3 years.

What are the employee requirements for L1 Visa? 

To qualify for an L1 visa the employee must fulfill the following requirements:

1. The foreign employee must have been continuously employed full-time by the foreign company for at least one year within the last three years before filing the L1 petition. Here, the time by continuous employment means that there must be full-time work of at least 35 hours per week without interruptions.
2. The important eligibility requirement for the employee who is to be chosen is that the employee must have worked in a managerial, executive, or specialized knowledge capacity for the foreign company.
3. The foreign employee must be called to the U.S. to work in the above-mentioned capabilities, which include managerial, executive, or specialized knowledge.

What is the application process for the L1 Visa?

The application process for an L-1 visa involves both the U.S. employer and the foreign employee working together to meet specific requirements. While the employer files the petition, the employee must complete certain steps to ensure a smooth visa approval process. These steps are outlined below: 

1. The U.S. employer is supposed to file Form I-129 with the USCIS along with documents detailing the job description and evidence that it qualifies the relationship between the foreign company and the U.S. entity. Along with other documents, the employer is also required to submit the eligibility of the employee with relevant experience and qualifications, which makes the candidate eligible for the visa. 
2. The employer is responsible for paying all associated fees, including those for Form I-129 and any applicable fees.
3. As soon as the USCIS approves the I-129 petition, the responsibility of the employee begins thereinafter he is supposed to fill out Form DS-160, which is online on the Consular Electronic Application Center (CEAC) website for non-immigrant visa application. 
4. After submitting Form DS-160, the applicant needs to pay the visa application fee to the U.S. Embassy or consulate.
5. The applicant is scheduled for a visa interview at the U.S. embassy or the consulate in their home country.

What documents are required for an L-1 visa?

The following documents are required for an L-1 visa:

• Current and old passports(if any)
• Recent passport-size photograph
• Filled in Form DS-160
• Interview appointment letter (original and photocopy)
• Receipt number of I-129 petition along with a physical copy
• Visa issuance fee demand draft
• Work experience letters from previous employers
• Certificates of training undertaken, degree (original with photocopy)
• Resume
• Bank records for the previous six months
• Information regarding the U.S. company
• Photographs of the place of employment
• Contact details of two coworkers from previous jobs

What is an L-1 Visa blanket petition?

L-1 blanket petition is the petition that allows large multinational companies to streamline the process of transmitting their employees to the U.S. by establishing an advance that there exists a relationship between the U S and their foreign entities.

The blanket petition doesn’t exempt individual employees from applying for an L-1 visa. They must still submit their visa application, but the company isn’t required to prove the qualifying relationship for each petition, saving time, cost, and reducing administrative burdens.

To be eligible for the L-1 Blanket petition, the company must have:

1. at least three offices (in the U.S. or abroad),  
2. one U.S. office operational for at least one year
3. it must have filed ten successful L-1 petitions within the past twelve months, OR have a minimum of 1,000 US-based employees,  OR demonstrate total annual sales of at least USD 25 million.

What are the costs associated with the L1 Visa?

The costs for the L1 visa  are:

• Form I-129 (Petition for Non-immigrant Worker) $1,385 
• Form I-129 for smaller employers and nonprofits is  $695 
• Anti-Fraud Fee: $500.
• Premium Processing Fee: $2,805 

What is the L1 Visa Timeline?

The processing time for an L-1 visa is usually between 2 to 4 months, and it is based on the USCIS service center and the circumstances of the individual application.  However, these visas are generally processed faster than other visa categories, where premium processing can take anywhere between 15 and 45 calendar days.

Which one is better, an L-1 or H-1B visa?

The L-1 visa is ideal for intracompany transfers. It allows multinational companies to relocate executives, managers, or employees with specialized knowledge to their U.S. branches. It has no annual cap, making it more accessible. 

In contrast, the H-1B visa is for foreign professionals in specialty occupations like tech or engineering. While H-1B offers job flexibility and a path to permanent residency, it is subject to an annual lottery and wage requirements.

Conclusion

The L1 visa allows multinational companies to transfer skilled employees to their United States branches as it gives businesses looking to thrive in the competitive U.S. market the required expertise and edge. A unique benefit of the L-1 visa is that it bypasses the H-1B lottery process, thus it offers a valuable alternative for multinational firms without facing the cap limitations of other visa categories.  The L-1 blanket petition further eases the transfer process for larger companies by establishing the required US-foreign relationship in advance.