Companies in the US use it to bring in employees from their branches in other countries. Those workers must be key ones, though such as executives, specialized employees, and managers. It’s available in two types, 1 and 2.
However, the two aren’t interchangeable. Knowing which L-1 would serve you better is crucial for success. And that’s why Eric Price and team are the people to go to for guidance. Setting up a consultation is as easy as sending us an email. So, don’t waste time!
How Business Owners Can Use The L1 Visa
The L1 comes with several benefits. For one, there’s no limit on the number of L1s that can be issued in a year. So, you increase your chances by applying for one over, say the H1B. Another advantage of the L1 US Visa is that SMBs can use it to expand into the US without having to invest half a million dollars. Because that’s the requirement for the EB5 visa.
Additionally, these are accepted dual intent visas, i.e., you can turn yours into a green card application later on. Furthermore, there are no educational requirements when applying for an L1. Neither are there any for Labor Condition. What’s more, business owners can get a blanket petition and import multiple employees with it. Finally, their spouses and kids can live/study within the country due to an L1.
L1 Visa Requirements
L1 Visa Requirement are different for the sponsor and the employees. The former must prove:
- That the two companies – parent (foreign) and the sister, subsidiary, or affiliate (in the US) are related
- Their multinational company is also working in another country for as long as the L1 beneficiary remains in the US. If they cannot, proof to do that in the future must be present
For the L1 beneficiary, these conditions are mandatory:
- Record of working for the multinational company in question for a year or more. The record cannot be older than three years before transfer. They’d need to occupy a managerial/executive/specialized employee position during that year.
- Proof of the intent to return after the invalidity of the L1 status
Another situation that befits the application for an L1 visa exists. If a multinational firm wants a branch on the US soil, they can send an L1 beneficiary to open it. In that case, they must show where the premises would be and the financial stability required to run the said office. The calculations for the latter include proof they can pay the wages of the L1 applicant.
L1 Visa Types
The two types, L1A and B, are different. For instance, with A, the beneficiary may stay for 7 years in the US. But it is 5 years for B visa holders. In both cases, though, the employee must work outside the US for a year before applying for either an L or H visa.
An L1a Visa is for those who have management or executive roles within a company. Thus, they are instrumental to their firm because they supervise the professional staff. Or, they are crucial to the functioning of a certain department or subdivision. The initial L1A is for three years, but extensions for up to seven are possible. If the beneficiary is in the US to open a new branch, the initial validity lasts for a year.
An L1b Visa is for those who are familiar with what makes the company tick. Thus, knowing about what it sells, research, what keeps it functional, and other proprietary/technical details is a must. The initial L1B is for three years – it can go on to five via extensions.
L-1 Visa Application
As the company petitioning for an L1, you’ll submit the DS1-160. Then they can send in their L1 petition (I-129) at least 45 days earlier than when the applicant will start working. The USCIS evaluates and lets the company know the results.
The applicant takes that approval and their application documents to the Consulate/Embassy in their country. They pass an interview to get their visa. The said documents will include:
- Valid passport and an extra photograph
- Consular interview appointment letter – copies too
- I-129 and visa issuance fee receipts
- CV and proof of track record, education, training, etc.
- Details on applicant, their job, the company’s branches, including their six-month-old bank records
L-1 Visa Application Processing Time
The L1 Visa Processing Time can vary, based on how busy the USCIS service center in question is. Normally, you can expect to know the I-129 petition results within six months. Add six months or
L-1 Cost & Fees
The L1 Visa Cost comes down to:
- Petition filing — $460
- Fraud Prevention/Detection — $500
- Consular processing — $190
- Public Law 114-113 — $4,500
Conditionally, you could also be paying:
- The L1 Visa Fees for premium speed — $1440
- Business Entity Formation — variable
What Happens If My L-1 Visa Application Is Denied?
L1 Visa Eligibility can be complicated. But in case of denial, appeal the decision. Address either the Administrative Appeals Office or a U.S. District Court. The AAO deliberates for 6 months and usually comes back supporting the USCIS decision. For the latter, you’d have to show that the USCIS made an irrational, arbitrary, or capricious decision.
Alternatives To The L1 Visa
Another alternative in case of a denial is for you to apply for an H-1B visa. It’s also a temporary work visa for those with a specialty occupation. However, if you’d rather choose a permanent residency visa, you can pick the EB1-3. That’s only if you were a recent employee at a US company for a year. Moreover, L1Bs are ineligible for it since they work in non-executive capacities.
Contact Attorney Eric Price Today!
Risking missing a document while petitioning for an L1 can land you a denial. Attempting an overturn afterwards requires you lay the facts in order. For both reasons and many others, an immigration attorney is the right choice.