USA L-1 Visa – The Ultimate Guide By Experts

Imagine you’re working for the tech giant, Google, in Dublin. You live and breathe your job, but you’ve always fantasized about living in the United States. With the USA L-1 visa, you could theoretically relocate to the US AND continue working for Google. Yup, you may be wondering, how is this possible?

In this ultimate guide to the USA L-1 visa, we walk you through everything you need to know to successfully complete an inter-company transfer to the United States.

What is the L-1 Visa?

The L-1 visa (intercompany transfer) is a type of work visa the USA issues to professionals wishing to legally work in the country. The visa is issued to people who are already employed by the company in another country, and who simply wish to relocate to an American office. Visa holders who wish to partake in a long-term assignment at a U.S site or facility must also apply for the L-1 visa. 

Depending on the type of work, two L-1 visa categories exist:

L-1A: Given to managers and executives. In turn, the individual must prove they hold an executive or managerial position with the company.

L-1B: Given to individuals whose work requires specialized knowledge capacity. 

Benefits of the USA L-1 Visa

Freely live and work in the US with a temporary residence permit and work permit

Travel in and out of the US on a valid L1 visa

Your dependents can live with you

Your spouse can work

L-1 Visa Requirements

Both the employer and employee must fulfill a set of requirements for the L-1 visa petition to be filed successfully.

Employer requirements: The employer located in the US and its foreign branch that employs the employee overseas must hold a qualifying relationship. Also note that during the applicant’s stay in the US, the employer must be conducting business in the United States AND at least one other country.

Employee requirements: The foreign national must be employed by the foreign employer for at least one year within the previous three years, in a managerial, executive, or specialized knowledge position. Note, there is an exception to this rule. Namely, US locations that have been running for less than a year can qualify under a separate provision (L-1 New Office). With this visa, the applicant can work for the U.S. company that filed the application.

The employer must prove one of the following three things:

• The foreign parent company holds at least 50% of the shares in the U.S. subsidiary or vice versa
• Both parties are sister companies and are each owned at least 50% by the same parent company
• a U.S. company maintains a permanent establishment abroad or vice versa

L1 Blanket Petitions

Large companies that want to transfer a bunch of foreign workers over to the US offices can apply for a ‘Blanket Petition’. This enables companies to transfer a large volume of people over, although each individual will need a separate L1 visa application to transfer.

To qualify for an L1 Blanket Petition, the company must:

• have at least three offices, whether in the US or abroad;
• have an office that has been doing business in the US for at least one year;

Pus meet at least one of the following criteria for the Blanket Petition:

• have filed at least ten successful L1 petitions in the preceding twelve months;
• have minimum 1000 employees based in the US;
• and be able to show company-wide total annual sales of at least US$25 million.

Application Process

The following documents are needed when applying for the L1 visa:

1. Form DS-160, along with: Two current passport-sized photographs and a copy of the applicant’s US passport

2. ,Form I-129: This must be filed at least 45 days before the employee’s start date, and no more than 6 months before employment begins.
3. Consular Processing: The applicant will need to go to their home country’s consulate or embassy for an interview.

Application can be broken down into two simple steps:

• Initial application is lodged with the U.S. Citizenship and Immigration Services (USCIS) in the United States. They process all visa applications.

• After receiving your approval notice, the final application is done via the U.S. Consulate

Extending your visa: supporting documentation:

The following supporting documentation is needed to extend your visa:

• Proof of the beneficiary’s employment for the duration of their time in the US.
• Evidence of the beneficiaries US work-relevant degree (or foreign equivalent).
• Letter for a foreign employer detailing the beneficiary’s previous three years of employment.
• Support letter from petitioner, including alien’s salary, job duties, terms of employment, etc.USCIS filing fee.
• Summary and proof of travel history outside of the US (boarding passes, passport stamps, etc.).
• Completed I-129 Petition.

What other visas are similar to the USA L-1 Visa?

The United States has several other visa schemes to consider. Namely, the E2 and EB5 visa are attractive schemes that reward investors and entrepreneurs with work permits, and even a green card, provided that a substantial investment in the nation is made first. A pathway to attaining lawful permanent resident status is possible, provided that the investment is kept for a set number of years. Note that while the E2 visa is a non immigrant visa that doesn’t directly lead to a green card, the EB5 visa scheme does offer a legitimate pathway to a green card and permanent residency.

For more information, consult the following guides:

EB5 Visa USA Permanent Resident Guide

E2 Visa USA Guide

Frequently Asked Questions about the US L-1 Visa