The L1 visa is a nonimmigrant visa category specifically designed for the international transfer of employees within a multinational company. This visa allows foreign workers in executive, managerial or specialized knowledge roles to relocate to the company’s US offices temporarily. There are two primary types of L1 visas: the L1A for executives and managers and the L1B for employees with specialized knowledge.

The L1 visa is critical for international business operations by facilitating key talent transfers to the US. It provides a legal and efficient pathway for companies to leverage their global talent pool, ensuring that key personnel can be placed where they are most needed, whether for the purpose of managing a new or existing US branch, establishing a US presence, or transferring specific, critical knowledge to US operations.

This mobility is essential for multinational companies’ growth, expansion, and operational effectiveness in the competitive global market.

We Are L1 Visa Specialists

Navigating the complexities of US immigration law requires expert knowledge and experience, particularly given the rigorous documentation and proof required to establish eligibility for the L1 visa.

As expert L1 visa lawyers, NNU Immigration supports clients from across the globe through this complex process.

We assist companies and individual applicants through every step of the application process, including preparing petitions, documenting the qualifying relationship between the company entities, and demonstrating the employee’s eligibility under the visa’s criteria.

We also provide advice on compliance with US immigration laws and policies, help prepare for visa interviews, and address any legal challenges that may arise during the process.

We understand the critical nature of intracompany transfers, and act not just as legal advisors, but as a strategic partner to achieve a successful application. Our experience and expertise ensures that the visa application process is handled efficiently, increasing the likelihood of a successful outcome.

What is an L1 Visa?

The L1 visa is a nonimmigrant visa classification that facilitates the temporary transfer of foreign employees to work in the United States within a multinational company. This visa is aimed at those who occupy management or executive positions or have specialized knowledge critical to the company’s operations.

The L1 visa is divided into two main categories: L1A and L1B, each serving specific types of roles:

L1A Visa

The L1A visa is designed for executives and managers. To qualify, the individual must be coming to the US to manage an organization or a major function or division of an organization or to manage an essential function within the organization at a high level, without direct supervision of others.

The key criteria for L1A visa eligibility include:

a. The applicant must have been employed outside the United States with the multinational company for at least one continuous year within the three years preceding the application.

b. They must be entering the US to provide service in an executive or managerial capacity for the same employer or a branch, parent, subsidiary, or affiliate.

c. The US employer must be a legitimate entity with an ongoing operational relationship with the company employing the visa applicant abroad.

For more information, see our detailed guide to the L1A visa.

L1B Visa

The L1B visa caters to employees with specialized knowledge, a category that includes individuals with expertise in the company’s products, services, research, equipment, techniques, management, or other interests and their application in international markets or an advanced level of knowledge in the organization’s processes and procedures.

The eligibility criteria for the L1B visa are similar to those of the L1A, with the main difference being the nature of the expertise the individual brings to the US entity.

For more information, see our detailed guide to the L1B visa.

General Eligibility Criteria

Standard eligibility criteria for both L1A and L1B visas include:

a. Having a qualifying relationship with a foreign company (parent, branch, subsidiary, or affiliate) as defined by US immigration laws.

b. The petitioning US entity must be doing business as an employer in the US and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the US as an L1.

c. The applicant must have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding their admission to the United States.

L1 Visa Application Process

As L1 visa lawyers, we provide expert management and support services throughout the application process, from ensuring that the initial petition is comprehensive and complies with all legal requirements to preparing the applicant for the visa interview.

The L1 visa application process comprise the follow steps:

Step 1: Individual Petition Submission

The US employer first files Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee with the US Citizenship and Immigration Services (USCIS). This petition includes detailed information about the company and the employee’s role, qualifications, and the purpose of the transfer.

Step 2: Evidence and Documentation

The petition must be accompanied by evidence documenting the qualifying relationship between the US and foreign entities, the applicant’s eligibility, and the job offer in the US.

Step 3: USCIS Review

Once submitted, the petition is reviewed by USCIS. If approved, the employee can apply for the L1 visa at a US Embassy or Consulate in their home country.

Step 4: Visa Application and Interview

The employee completes the online visa application (DS-160), pays the visa application fee, and schedules an interview at the US Embassy or Consulate.

During the interview, a consular officer will determine the applicant’s eligibility for the L1 visa.

Step 5: Visa Issuance

If the visa is approved, it is stamped in the applicant’s passport. The employee can then travel to the US to work at the specified company location.

For more detailed information about the L1 visa application and eligibility requirements, read our in-depth guide to the L1 visa.

Benefits of obtaining an L1 visa

The L1 visa offers many benefits for both employees and employers, making it a favored option for international companies looking to transfer staff to the United States.

It provides a flexible and efficient mechanism for employees and employers to achieve their professional and business objectives. Employers can leverage this visa category to strategically place essential personnel in the US, while employees benefit from the opportunity to work and possibly settle in the US, accompanied by their families.

Our role as L1 visa lawyers is to help you navigate the complex application process, ensuring that both employers and employees maximize these benefits.

Benefits for Employers

Global Talent Utilization

Employers can easily transfer key employees to the US to fill significant positions, whether for managing a branch, setting up a new office, or bringing in employees with specialized knowledge critical to the company’s operations.

Simplifies the Hiring Process

The L1 visa process can be more straightforward compared to sponsoring a non-employee for a work visa. This simplifies the process for employers to bring in the talent they need without navigating the complexities of hiring non-affiliated foreign nationals.

Enhances Business Operations

By allowing the transfer of managers and specialized knowledge employees, companies can ensure that their US operations are aligned with their global standards and practices, facilitating smoother international business operations.

Promotes International Growth

The L1 visa supports the international expansion efforts of companies by allowing them to send experienced personnel to the US to establish or expand their presence, thereby promoting growth and new business opportunities.

Retention of Valued Employees

By offering international transfer opportunities, companies can retain key employees by providing them with international career development opportunities and the opportunity to live in the US.

Benefits for Employees

Path to Permanent Residency

The L1 visa is a dual intent visa, meaning that L1 visa holders can apply for a green card without affecting their L1 status. This is particularly beneficial for L1A visa holders due to the direct path to permanent residency under the EB-1C category for multinational managers and executives.

Work and Stay in the US

The L1 visa allows individuals to work legally for their employer in the US. It’s not tied to a specific location, offering some flexibility in the event the company needs to relocate the employee within the US.

Family Accompaniment

L1 visa holders can bring their spouses and unmarried children under the age of 21 to the US under the L2 visa category. Spouses can apply for work authorization, providing the family with additional financial support and opportunities.

Long Duration of Stay

The initial term of an L1A visa is up to three years, extendable in two-year increments with a total stay not to exceed seven years. L1B visa holders can stay for up to five years. This provides a substantial period for professional growth and personal stability in the US.

No Annual Cap

Unlike some other visa categories, there is no annual cap on the number of L1 visas issued, reducing wait times and uncertainty for applicants.

How Our L1 Visa Lawyers Can Help 

At NNU Immigration, we provide expert guidance to both employers and employees through the L1 visa application process, ensuring compliance with all legal requirements and maximizing the likelihood of a successful outcome.

Our L1 service is comprehensive, covering every aspect of the visa application process, from initial assessment to post-approval compliance. Our aim is to alleviate the administrative burden on companies and individuals, streamline the application process, and address any legal hurdles that may arise, ensuring a smoother path to obtaining an L1 visa.

We provide assistance throughout the process as follows:

Initial Consultation and Strategy Planning

We will first evaluate the eligibility of the company and the employee for the L1 visa, considering the nature of the business, the relationship between the foreign and US entities, and the applicant’s role and qualifications.

We also help strategize the best approach for the visa application, including choosing between the L1A and L1B visa types based on the employee’s position and qualifications.

Document Preparation and Submission

One of the most demanding aspects of the L1 application process is evidencing eligibility. This requires extensive documentation to be identified and collated.

We work closely with clients to support with the preparation of all the necessary documentation, including supporting documents that demonstrate the qualifying relationship between the US and foreign entities, as well as the employee’s eligibility as well as completing the relevant forms, such as Form I-129.

Before submission, we will then meticulously review the application and documents to ensure accuracy, completeness, and compliance with US immigration law, minimizing the risk of delays or denials.

Legal Advice and Compliance

We offer advisory services to employers to ensure compliance with US immigration laws and regulations, helping companies maintain their eligibility during and after the visa application process.

We also provide regular updates on immigration law changes that might affect the application process or the status of the employee and company.

You can subscribe to our mailing list here to receive our monthly updates.

Representation During Legal Proceedings

As specialists in US immigration, we also represent applicants and employers in all communications with USCIS, including responding to requests for additional information (RFEs) or notices of intent to deny (NOIDs).

In there event of a legal challenge or if you have received a denial and require expert advice, we also provide representation and guidance on the next steps, including filing for appeals or motions.

Support for Visa Application and Interview

Once USCIS approves the petition, we assist the employee with the visa application at a US consulate or embassy, including preparing for the visa interview and advising on potential questions and the evidence required to demonstrate eligibility.

Post-Approval Assistance

After the visa is granted, our L1 visa lawyers will help with ensuring that both the employer and employee comply with visa conditions and US labor laws on matters such as when the visa holder can start work in the US.

We also provide assistance with visa extensions, status adjustments, and, if applicable, transitioning to permanent residency through the Green Card application process.

Why Choose Our L1 Visa Lawyers?

NNU Immigration are specialists across all classes of US visas, including the L1 visa. We are a team of qualified and experienced US attorneys dedicated to US immigration law and supporting multinational companies and their employees with all aspects of US visa applications.

With exceptional knowledge and insight into US visa application protocol, we advise on the use of the L1 visa within organizations’ global talent mobility programs, from individual employee visa applications through to Blanket L petitions for companies to transfer multiple workers.

We also advise on the costs and processing times involved in making an L visa application.

Extensive supporting evidence is required as part of the L1 visa application. With 20 years of experience securing visas for intracompany transferees, we understand what the US authorities expect when assessing an application. We use this insight to ensure your petition is comprehensive, compliant and can effectively stand up to adjudication scrutiny.

Common L1 Visa Challenges and Solutions

Common Challenges

The L1 visa application process can quickly become complex, with various challenges that can arise, affecting both the timeline and the application outcome.

As part of our service, we will look to identify the potential challenges of an L1 visa application and implement effective strategies to address these issues, ensuring the highest possibility of a successful outcome.

Our firm’s expertise and proactive approach are key to navigating the complexities of the L1 visa process, minimizing stress for clients, and maximizing outcomes against challenges such as:

Proving Specialized Knowledge or Managerial/Executive Role

One of the most significant hurdles is demonstrating that the employee’s role qualifies under the strict definitions of specialized knowledge or as a managerial/executive position as per USCIS standards.

Establishing the Qualifying Relationship

For multinational companies, proving the qualifying relationship between the US and foreign entities can sometimes be complicated, especially for newer or restructured businesses.

Documentation and Paperwork Errors

Errors in the application or supporting documents can lead to delays, requests for evidence (RFEs), or even denials.

Changes in Company Structure or Employee Role

Any changes in the company’s structure or the employee’s role during the application process can impact eligibility.

Unpredictable Application Outcomes

Even with thorough documentation, application outcomes can seem unpredictable, with similar cases receiving different responses from USCIS.

Solutions and Strategies

Through extensive L1 experience, we overcome these challenges through strategic solutions such as:

Detailed Documentation of Specialized Knowledge and Roles

We meticulously document the employee’s unique skills or managerial/executive responsibilities, including detailed job descriptions, organizational charts, and examples of past projects or leadership roles. This helps delineate the employee’s indispensability and qualifications.

Comprehensive Evidence of Company Relationships

We ensure the submission of comprehensive evidence detailing the relationship between the US and foreign entities. This includes legal documents, financial statements, and organizational charts illustrating the corporate connection and operational need for the L1 transfer.

Rigorous Review Processes

Before submission, we conduct thorough reviews of all documentation and applications to minimize errors and omissions. This includes double-checking forms, supporting documents, and the consistency of information across all materials.

Adaptability to Changes

Our firm remains adaptable and proactive in addressing any changes within the company or the employee’s role. We advise on maintaining eligibility throughout the process and can quickly adjust documentation to reflect any significant alterations.

Experience and Precedent-Based Approaches

Leveraging our extensive experience and knowledge of past applications, we tailor each application to align with known USCIS preferences and requirements. Our familiarity with precedent decisions enables us to build stronger, more persuasive cases.

Preparation for RFEs and Appeals

We prepare clients for the possibility of RFEs, ensuring they understand the types of additional information that might be requested. In cases of denials, we are equipped to file appeals or motions to reopen/reconsider, presenting additional evidence or legal arguments as necessary.

Continuous Communication and Support

Throughout the process, we maintain open lines of communication with our clients, keeping them informed of their application status and any developments in immigration law that may affect their case.

Preparing for Your L1 Visa Application

Checklist for L1 Visa Application

Preparing for an L1 visa application involves meticulous documentation and thorough preparation to ensure the highest chance of approval.

We advise clients on the specific documentation they will need to collate, tailored to their application and circumstances.

As a general guide, applicants would typically need to collate the following checklists:

For the Employer

a. Form I-129, Petition for a Nonimmigrant Worker, completed and signed.

b. Letter of support from the employer detailing the nature of the business, the relationship between the US and foreign entities, the applicant’s role, and the necessity of the transfer.

c. Proof of the qualifying relationship between the US and foreign entities (e.g., articles of incorporation, financial statements, stock certificates).

d. Organizational charts showing the company’s structure and the beneficiary’s position within the organization.

e. Evidence of the company’s business operations in the US and abroad (e.g., annual reports, financial statements, marketing materials).

f. Details of the proposed employment, including job description, position within the organization, salary, and terms of employment.

For the Employee

a. Evidence of employment for at least one continuous year in the past three years with the overseas entity (e.g., pay stubs, tax records, employment letters).

b. Proof of qualifications for the role, including educational certificates, training records, and work experience documentation.

c. Personal documents, such as passport, previous visas, and any records of prior stays in the US.

d. If applicable, documents for dependents (spouse and children under 21), including marriage certificates and birth certificates.

Preparing for the L1 Visa Interview

At NNU Immigration, we provide assistance in preparing the applicant for the interview process, ensuring that applicants are well-equipped to successfully navigate the complexities of the L1 visa application process.

Preparation for the L1 visa interview should include:

Review Your Application

Understand every detail of your petition and be ready to discuss your role, the company’s operations, and how you qualify for the L1 visa category.

Prepare for Common Questions

Anticipate questions related to your job, the nature of the business, your qualifications, and your intentions after the visa expires. Practice clear, concise, and honest answers.

Organize Your Documentation

Bring a well-organized file with all your documents to the interview. Include a copy of your petition, supporting documents, and any correspondence with USCIS.

Dress Professionally

First impressions matter. Dress in business attire to convey seriousness and professionalism.

Be Punctual

Arrive early for your interview to deal with any unforeseen circumstances and to demonstrate respect for the process.

Communicate Clearly and Confidently

Speak clearly and confidently, answering questions directly. If you do not understand a question, asking for clarification is okay.

Focus on Your Role and Its Necessity

Emphasize your unique qualifications, the importance of your role to the company, and how your work supports its operations in the US.

Be Prepared to Discuss Ties to Your Home Country

While the L1 visa is a dual intent visa, consular officers may still inquire about your ties to your home country to ensure that you do not intend to immigrate permanently without following the correct procedures.

Tips for L-1 Visa Application Success

While our team of US attorneys deliver specific advice tailored to the specific circumstances, the following are top tips to consider when making an L1 visa application:

a. Consistency: Ensure that the information you provide during the interview matches the details in your application and documents.

b. Honesty: Always provide truthful answers. Misrepresentations can lead to visa denial and future ineligibility.

c. Clarity: Be clear about your role, its necessity for the US company, and your plans for the duration of your stay.

L1 Visa Renewal 

As an L-1 non-immigrant visa holder, you may not remain in the United States under your L1 status indefinitely. Renewal is not automatic or guaranteed. You are required to file a renewal application to allow you to stay in the US to continue working in your L-1 role.

L1A visa holders (for managers and executives) can extend their stay up to a maximum of seven years, while L1B visa holders (for those with specialized knowledge) can do so for up to five years.

The L1 visa renewal process requires a careful demonstration that the conditions under which the original visa was granted remain unchanged.

The process should begin well before your current visa’s expiration—ideally, six months in advance. This lead time is crucial for gathering documents and allowing for any unforeseen delays.

Similar to the process of petitioning for your initial L1 status, the first stage requires your US employer to file Form I-129, Petition for a Nonimmigrant Worker, on your behalf with USCIS prior to the expiry of your departure date on Form I-94.

Additional documentation will be required in support of this petition, including, for example, proof that you have been employed by the petitioning employer since living in the United States and the nature of your employment.

After the submission of Form I-129, along with the required documentation and applicable fees, the USCIS reviews the petition. Should USCIS request additional information — a Request for Evidence (RFE) — to clarify or supplement the submitted documentation, you should respond fully and in a timely manner.

If you are in the US with family members who have L-2 visas, they too will be required to apply to extend their visas if they are to remain with you. This is because L-2 status is dependent on your L-1 visa status, meaning their permission to be in the US expires at the same time as yours as the primary visa holder.

To extend the L-2, you as the L-1 visa holder have to file Form I-539 and submit this to USCIS with your completed Form I-129.

Read our detailed guide to L1 visa renewals here.

Summary

As highly experienced L1 visa lawyers, we help ensure that each step of the application, from the initial assessment to the final approval, is meticulously managed and optimized for success.

With a comprehensive understanding of US immigration laws and processes, we deliver tailored strategies to meet each client’s unique needs, handling the challenges and nuances of the application process and providing peace of mind and confidence to applicants and employers.

With a focus on precision, attention to detail, and personalized service, we help clients avoid common pitfalls, addressing any issues that arise, and significantly increasing the likelihood of a favorable outcome.

Given the evolving nature of immigration laws, we can help you stay up-to-date with the latest changes and how they might impact your application becomes highly valuable. This level of guidance and advocacy is paramount, ensuring that both employers and employees can achieve their immigration and professional goals with minimal stress and uncertainty.

Whether you’re seeking to transfer key personnel to the US or are an employee transferring to the US, our firm is here to provide the expert assistance and support you need.

Contact us today to learn more about how we can assist you in achieving a smooth and successful L1 visa application.

Contact Us for Expert L1 Visa Assistance

At NNU Immigration, we understand the complexities and challenges of navigating the L1 visa application process. Our team of experienced L1 visa lawyers is dedicated to providing comprehensive support, ensuring that your application is handled efficiently and effectively.

Why Choose Us?

Recognized Expertise

We are proud to be recognized in Who’s Who Legal and the Legal 500 for our US immigration expertise. 

Success Rate

With a proven track record of successful applications, we are committed to achieving the best possible outcomes for our clients.

Personalized Service

We believe in a hands-on approach, providing personalized attention and tailored solutions to each client.

Our L1 Visa Services

Eligibility Assessment

We’ll review your case to determine your eligibility for an L1 visa and advise on the best course of action.

Application Preparation

From document preparation to submission, we ensure every aspect of your application meets the highest standards.

Ongoing Support

Our team is here to provide guidance and support through every step of the process, including preparation for the visa interview and advice on compliance.

Get in touch

If you’re looking for expert guidance on your L1 visa application, our team is here to help. Contact us today to schedule a consultation and take the first step towards a successful L1 visa application.

Frequently Asked Questions about the L1 Visa

This FAQ section covers the queries we receive most from L1 visa applicants. We provide more detailed information and personalized advice based on your specific situation, ensuring you navigate the process as smoothly as possible.

What is the difference between L1A and L1B visas?

The L1A visa is intended for managers and executives, while the L1B visa is for employees with specialized knowledge. The main difference lies in the role and qualifications of the visa holder within the company, with L1A visas potentially offering a faster path to permanent residency.

How long can I stay in the US on an L1 visa?

L1A visa holders can stay for up to 7 years, while L1B visa holders are allowed a maximum stay of 5 years. Extensions must be filed in increments, and the total stay cannot exceed these limits.

Can my family accompany me to the US on an L1 visa?

Yes, spouses and unmarried children under 21 can apply for L2 visas to accompany or join you in the US. Spouses of L1 visa holders can also apply for work authorization in the US.

What are the main challenges in getting an L1 visa?

Common challenges include proving the managerial/executive role or specialized knowledge of the applicant, demonstrating the qualifying relationship between the company entities, and the extensive documentation required.

How can an L1 visa lawyer help me?

An L1 visa lawyer can assist with the entire application process, including document preparation, petition review, legal advice, and representation with USCIS. They are especially helpful in navigating complex cases, addressing requests for evidence (RFEs), and ensuring compliance with immigration laws.

Is there a cap on the number of L1 visas issued annually?

No, there is no annual cap on L1 visas, making it a preferred option for companies transferring employees to the US.

How long does the L1 visa application process take?

The processing time can vary significantly, from a few months to longer, depending on the specifics of the case and the workload of USCIS. Premium processing is available for an additional fee, which guarantees a response from USCIS within 15 calendar days.

Can I apply for a green card while on an L1 visa?

Yes, the L1 visa is a dual intent visa, allowing holders to apply for permanent residency without jeopardizing their L1 status. L1A visa holders have a direct path to green card application under the EB-1C category.

What happens if my L1 visa application is denied?

If your application is denied, an L1 visa lawyer can help you understand the reasons for denial, whether you can address these issues and reapply, or whether alternative visa options suit your situation.

Can I change my job or employer on an L1 visa?

The L1 visa is employer-specific, so you cannot change employers. If you wish to change jobs within the same company, the new position must still qualify under the L1 visa category, and you may need to notify USCIS.

L1 Visa Glossary 

L1 Visa: A non-immigrant visa allowing companies to transfer executives, managers, or specialized knowledge employees from an affiliated foreign office to one of its offices in the United States.

L1A Visa: A subclass of the L1 visa for executives and managers. It permits these individuals to stay in the U.S. for up to seven years, with the potential for a direct path to permanent residency.

L1B Visa: A subclass of the L1 visa designated for employees with specialized knowledge relevant to the organization’s interests. The maximum stay is five years.

Specialized Knowledge: Expertise or knowledge specific to the company’s processes, procedures, products, or services, which is not commonly found in the industry and is crucial to the company’s competitiveness in the marketplace.

Dual Intent Visa: A type of visa that allows the holder to enter the U.S. with the intent of eventually applying for permanent residency (a green card), without affecting their temporary visa status. Both L1A and L1B visas are considered dual intent visas.

Form I-129, Petition for a Nonimmigrant Worker: A form submitted by the employer to USCIS to apply for a nonimmigrant worker visa, such as the L1 visa. It includes information about the company and the employee being transferred.

USCIS (U.S. Citizenship and Immigration Services): The federal agency that oversees lawful immigration to the United States, including the processing of L1 visa applications.

RFE (Request for Evidence): A request issued by USCIS asking for additional documentation or information to make a decision on a visa application.

EB-1C: A category of employment-based green card for multinational executives or managers who have been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and who are seeking to enter the U.S. to continue service to that firm or organization.

Premium Processing: An optional service provided by USCIS that expedites the processing of certain visa petitions, including the L1 visa, for a fee, guaranteeing a response within 15 calendar days.

Visa Reciprocity: The agreement between two countries regarding the types of visas issued, the length of time they are valid, and fees, based on similar treatment afforded to citizens of the other country.

Consular Processing: The process of applying for a visa at a U.S. Embassy or Consulate in the applicant’s home country after USCIS approves the Form I-129 petition.

NOID (Notice of Intent to Deny): A letter from USCIS stating that the officer intends to deny the visa application and giving the applicant an opportunity to provide additional evidence or arguments against the denial.

This article does not constitute direct legal advice and is for informational purposes only.