What are the L-1A and L-1B classifications?

There are more detailed requirements under the L-1A and L-1B classifications, specifying eligibility criteria and evidentiary requirements to be met in order to qualify for the L-1 visa.

What are the eligibility criteria for L1 transferees?

An employee may be eligible for an L-1 visa if they meet the following requirements:

• the employee is required to fill an ‘executive, managerial or specialized knowledge role’ in the US; and
• the employee has been employed abroad by the same company, or a parent, branch, affiliate or subsidiary thereof, in an executive, managerial, or specialized knowledge role for one of the last three years.

Each of the roles must meet specific conditions of assignment for within the organization:

Executive role (L-1A classification):

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Managerial role (L-1A classification):

• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization;
• Has the authority to hire and hire or recommend those as well as other personnel actions, or if no other employee is directly supervised, functions at a senior level within the organizational hierarchy; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

Specialized knowledge role (L-1B classification):

• Special knowledge is possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or
• Advanced knowledge is possessed by an individual of the petitioning organization’s processes and procedures.

What are the L1A visa requirements?

The L1 nonimmigrant visa classification enables a US-based employer that is part of an international organization to temporarily transfer key professional employees to the branch, parent, affiliate or subsidiary of the same company within the United States.

L1 classification can be divided into two categories: L1A and L1B, where L1A classification applies to intracompany transfers of employees currently working in either a managerial and executive capacity and who will be working within the same or similar role in the US.

In this context, “managerial” or “executive capacity” requires a certain level of authority where the employee is responsible for the running the business and/or managing other employees.

Managerial or executive roles can consist of a mix of job duties, but employees in these roles will plan, organise, direct and control an organization’s major functions, and work via other employees to achieve the organization’s goals.

In contrast, first-line supervisors, such as those who schedule and supervise the daily work of nonprofessional employees, are not employed within an executive or managerial capacity for the purposes of L1A classification, even though they may be referred to as managers by their employers.

L1A classification will also enable a multinational company to send an overseas manager or executive to travel to the States with the purpose of establishing an affiliated US office.

What are the L1B classification requirements?

While the L1A classification applies to intracompany transfers of managers and executives, the L1B classification applies to employees with specialized knowledge of the company transferring from one of its related foreign offices to a location within the United States.

In this context, “specialized knowledge” typically refers to special knowledge of the organization’s products or services, as well as its research, equipment, techniques, management and other interests, and the application of this knowledge in international markets. However, for the purpose of L1B status, “specialized knowledge” can also refer to advanced level of knowledge or expertise of an organization’s processes and procedures.

In either case, this knowledge must not be commonly held throughout the industry, but rather gained through years of experience with the employer. In broad terms, the employee must possess essential specialized knowledge that is key to the success of the organization they work for, making them essential to its overall functioning and competitiveness.

Importantly, as with L1A classification, L1B classification will also enable a multinational company that does not yet have an affiliated US office to send a specialized knowledge employee to travel to the USA with the specific purpose of establishing one there.

What are the general L1 classification requirements?

When applying for the L1 visa, either the L1A visa or the L1B visa, the following general eligibility requirements must also be met by both the applicant and employer:

L1 applicant requirements

An applicant may qualify as an L1 intracompany transferee if:

• they have been employed abroad continuously for 1 of the 3 years preceding the application for admission to the United States
• this year of continuous employment abroad was in either a managerial or executive capacity, or in a position that involved specialized knowledge of the organization
• they are seeking to temporarily enter the US to render their services to the same employer, which includes a branch, parent, affiliate or subsidiary of the foreign employer
• the position in the United States will be in either a managerial or executive capacity, or will involve specialized knowledge.

L1 employer requirements

In addition, the qualifying employer who intends to temporarily transfer the applicant to the US, also known as the petitioning employer, must be able to demonstrate that:

• there is a qualifying relationship between the entity in the US and the foreign operation employing the applicant, where there must be sufficient common ownership and control
• the petitioning employer will continue to do business both in the US and at least one other country, either directly or through a qualifying organization for the duration of the applicant’s stay in the US, where they must be actively and continually providing goods and/or services, not simply having an agent or office in the US and abroad
• the applicant has been employed by the office abroad for at least 1 of the last 3 years
• their prior year of employment abroad was in a managerial, executive or specialized knowledge role, and their employment in the US will be in the same or similar capacity
• their proposed duties in the United States meet the criteria for either specialized knowledge, or for managerial or executive capacity.

How to apply for the L1 visa

When applying for either the L1A or L1B visa, the employer starts the overall process by filing Form I-129, a petition for a nonimmigrant worker. It is only once that petition has been filed on the applicant’s behalf and subsequently approved by US Citizenship and Immigration Services (USCIS) that the employee can then apply for a visa by submitting online Form DS-160 and scheduling an interview with their local US Embassy or Consulate.

For the L1 petition to be successful, unless the company that the applicant works for is especially large and has already established the required intracompany relationship through a “blanket L petition”, a considerable amount of documentation will need to be submitted in support to show that the employer meets the relevant requirements. This should include, for example, evidence of the qualifying relationship between the US and foreign employer, based on sufficient common ownership and control.

The petitioner will also need to include on Form I-129 detailed information about their organization, as well as about the beneficiary for whom they are petitioning, including that individual’s previous employment abroad and their proposed employment in the US.

Equally, provided the L1 petition is approved, the applicant will be required to submit various documents at interview and answers detailed questions relating to, amongst other things, their position and duties within the company and any specialized knowledge.

At the conclusion of their interview, the interviewing officer should then inform them whether the L1 visa application has been approved, denied or if further documentation is required.

What needs to be included in the L1 petition?

The petition is to be used to submit evidence in support of your application for an L1 visa.

The following should be provided to demonstrate your eligibility for the L1 program:

• evidence that the petitioner and the organization which employed you or will employ you are qualifying organizations;
• evidence that the employee will be employed in an executive, managerial, or specialized knowledge capacity;
• evidence that the employee will have one continuous year of full-time employment abroad with a qualifying organization within three years preceding the filing of the petition;
• evidence that the employee’s prior year of employment abroad was in a position that was managerial, executive, or involved specialized knowledge; and
• evidence that the employee’s prior education, training and employment qualifies him or her to perform the intended services in the United States.

Additional evidence when opening a new US branch:

If an employee will be coming to the US as an executive or manager to open or be employed in a new office in the United States, the company must submit evidence that:

• sufficient physical premises to house the new office have been secured;
• the employee has been employed for one continuous year in the three year preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involves executive or managerial authority over the new operation; and
• the intended US operation, within one year of the approval of the petition will support an executive or managerial position.

If the employee will be coming to the US in a specialized knowledge capacity to open or to be employed in a new office, the petitioner must submit evidence that:

• sufficient physical premises to house the new office have been secured;
• the business entity in the United States is or will be a qualifying organization; and
• the company filing the petition has the financial ability to remunerate the employee and commence doing business in the United States.

Can dependents apply to join the main L1 visa applicant?

Spouses and children may apply for L2 visas which will allow them to reside with the employee in the United States.

Note that civil partnerships and ‘common law marriages’ do not fall within the definition of dependents and as such partners would not be eligible to apply for an L1 dependent visa.

Dependent visa applications may be made at the time of the interview, or by scheduling a separate interview at a US consular post following approval of the L1 visa application.

What happens at the L1 visa interview?

Whether following approval of a blanket or regular L1 petition, employees seeking L1 status must attend an interview at which time their eligibility for the visa category will be determined.

The employee will have to appear for a visa interview at a US consular post abroad. Interview procedures vary widely among consular posts so it is important to carefully follow instructions provided for the post where the L1 interview will be held.

At the L1 visa interview, a consular officer will ask the employee questions to confirm the information provided in the L1 petition about the applicant and his or her intended US employment. The employee will be notified of the decision made on the application at the end of the interview. Provided the application is approved the consular officer will retain the employee’s passport for visa stamping.

The passport with embossed L1 visa stamp will be returned to the employee within approximately one week of the interview. Once received the employee is permitted to travel to the US to work in L1 status in line with the employment described in the L1 petition.

What is the adjudication process for the L1 visa?

You submit the completed petition to USCIS for adjudication, for both standard or blanket visas. If USCIS determine additional information or documentation is needed to make a decision, a request for additional information will be issued.

Requests will vary in length depending on the extent of information and documentation requested, but will inevitably result in a delay in a case decision. As such, it becomes critical through professional advice to ensure your application satisfies evidentiary requirements in the first instance.

Upon receipt of the requested information and documentation, USCIS will resume processing of the petition.

Processing times may vary depending on USCIS workload.

For an additional fee, you may request expedited ‘premium processing’ of a petition for adjudication by USCIS within 15 calendar days.

Note that if a request for additional evidence is issued on a petition filed using the premium processing service, USCIS will have an additional 15 calendar days from receipt of the response to adjudicate the case.

What are the L1 visa costs?

There are various fees associated with L1 visa classification, including the petition and application fees. The base fee for filing Form I-129 is $460. The visa fee when submitting Form DS-160 is $190. The applicant must pay the application fee, together with any other applicable fees based on where they are from and the US Embassy they are applying to, such as reciprocity fees. However, the employer will be responsible for any costs associated with the petition, including the $460 base fee. The employer may also be liable to pay a fraud prevention and detection fee of $500, plus a public law fee of $4500.

If the proposed US employer is looking to expedite the petition turnaround time, which could otherwise take several months, there will be an additional premium processing fee.

How long does the L1A visa last?

The L1A visa route is a temporary nonimmigrant work route, where the initial grant of leave for those working within a managerial or executive role for the US-based employer will typically be for a period 3 years. However, provided the visa-holder continues to meet the eligibility requirements for L1A classification, they can apply to extend their stay, up to 7 years. A request for an extension of stay may be granted in increments of 2 years.

Having reached the maximum period of stay, the employee will be required to leave the US and work overseas for one year before being potentially eligible to re-apply for an L1A visa. Any brief trips to the US for business or pleasure will not interrupt the required 1 year period outside of the States, but do not count towards fulfilment of that requirement.

Importantly, for those seeking to set up a new office in the US, an L1A visa will only be granted for one year. The employer will be required to show that they have secured adequate physical premises to house the new office and that within a year of approval of their petition, the intended US office will support a managerial or executive position.

How long does the L1B visa last?

As with L1A classification, the L1B visa is a temporary nonimmigrant visa, where specialized knowledge employees will typically be granted leave for an initial period of 3 years to transfer to an existing affiliated office. However, requests for extensions of stay may be granted in increments of 2 years, but only up to a maximum of 5 years.

While it may be possible to transfer to an L1A visa, the visa-holder must have been working in the managerial or executive role for at least 6 months to be eligible for a total stay of 7 years.

Having exhausted the maximum permissible stay under an L1B visa, the employee must work outside the US for a minimum of one year before they can reapply for L1B status.

For L1B employees looking to establish a new US office, as with L1A classification, an L1B visa will only be granted for a period of one year. The employer will, again, be required to show that adequate physical premises to house the new office have been secured and that, within a year of approval of their petition, the intended US office will support a specialised knowledge position.

They will also be required to show that they have the financial ability to remunerate the visa-holder and to commence doing business in the United States.

Is the L1 visa suitable for permanent or temporary transfers?

Permission under the L1 visa is temporary, for a maximum of 12 months. Extensions can be granted for up to a total of 7 years in 2-year increments.

How do I renew an L1 visa?

If an employee is performing an executive or managerial role in the United States, they will be allowed to spend seven years in the US in L1 status before they have to return abroad for at least one year before being granted L-1 status again.

If an employee is performing a specialized knowledge role in the United States, they will be allowed to spend five years in the US in L1 status before they have to return abroad for at least one year before being granted L1 status again.

What is a blanket L petition?

Certain multinational organizations may establish the required intracompany relationship in advance by submitting a blanket L petition, where eligibility for blanket L1 approval may be established if the following requirements are met:

• the petitioning employer and qualifying organizations are engaged in commercial trade or services
• the petitioning employer has an office in the US which has been doing business for at least a year
• the petitioning employer has three or more domestic and foreign branches, subsidiaries or affiliates
• the petitioner, along with the other qualifying organizations, have obtained at least ten L1 approvals during the previous 12 months, have US subsidiaries or affiliates with combined annual sales of $25 million or more, or a US workforce 1,000+ employees.

The grant of a blanket L1 petition does not guarantee that an employee will be approved for an L1 visa, although it does provide the US-based employer with the flexibility to transfer eligible employees to the US without filing an individual L1 petition with USCIS each time.

In most cases, once a blanket petition has been granted, the employer need only complete Form I-129S, a nonimmigrant petition based on blanket L petition, and send this to the prospective employee with a copy of the approval notice and other relevant evidence, so that the employee may present it to a US consular office. However, the blanket petition process is designed only for larger multinational and commercial organizations.

What are the eligibility requirements for a company L1 Blanket petition?

To be eligible for a blanket L petition, a company must meet the following requirements:

• the filing company and its related companies must be engaged in commercial trade or services;
• the filing company must have an office in the US that has been doing business for one year or more;
• the filing company must have three or more domestic and foreign branches, subsidiaries, or affiliates; and
• the filing company and the other qualifying organizations must have obtained at least ten L-1 petition approvals during the previous twelve months; or have US subsidiaries or affiliates with combined annual sales of at least $25 million; or have a US workforce of at least 1,000 employees.

What is the application process for a company L1 Blanket petition?

In order for your company to obtain a Blanket L1 approval, it will be necessary for the filing company to provide the following documentation to demonstrate eligibility:

• evidence that the filing company meets the aforementioned eligibility requirements; and
• evidence that the filing company and the organizations included it is petition are qualifying organizations.

The completed Blanket L-1 petition must then be submitted to USCIS for adjudication.

Upon approval of the Blanket L petition, qualified employees can then go straight to a consular post to apply for an L-1A or L-1B visa to work for the US office. An employer is not required to file an individual petition at USCIS prior to the visa interview for Blanket L visa applicants.

Does the L1 visa lead to a green card?

If an employee currently holds an L1A visa but is looking to settle in the US on a more permanent basis, they will need to apply to change from nonimmigrant to immigrant status. Although a nonimmigrant visa is, by its very nature, temporary, the L1A visa is what is known as a “dual intent visa”, in this way providing a path to permanent residence.

An applicant does not need to prove that they do not intend moving to the US as a prerequisite to being granted entry clearance with an L1 dual intent visa, for example, by maintaining a residence in their home country. Instead, this visa permits lawful entry to the US on a time-limited nonimmigrant basis, albeit with immigrant intent, enabling that person to petition for a change of status by way of an EB1C visa while still present.

However, there are strict criteria that must be met, where it is always best to seek expert advice prior to embarking on the lengthy and costly process of applying for a green card.

What is the difference between the L1 and H1B visa?

The L1 visa is a nonimmigrant visa for established senior or specialised knowledge employees already working for a related employer abroad, but destined to work in the same or a similar role, while the H1B visa is a nonimmigrant visa to recruit new foreign skilled employees who will be working within a specialty occupation.

The H1B visa is a fairly common type of visa for which many overseas nationals will be eligible, provided they have the offer of a qualifying job from a US-based employer and are suitably qualified or experienced. However, to obtain an H1B visa, an applicant will first need to be offered an H1B job role by a US-based employer with suitable vacancies willing to sponsor foreign workers and who can petition for an H1B visa on their behalf.

The H1B visa is hard to come by, with a complex and protracted application process, not to mention an annual cap on the number of visas granted. As such, once the number of visa petitions exceeds the total number of visas that can be approved in any fiscal year, these are entered into a random computerised lottery to select the petitions to be adjudicated.

The process of obtaining L1 visa classification is far easier than the drawn out procedure for H1B visas. By filing a blanket petition, certain employers can also establish in advance the required intracompany relationship necessary for USCIS approval.