L1 Visa – Employee Transfer
The L1 visa is a highly used method for Singaporean or foreign businesses to transfer skilled employees to a United States branch, parent, subsidiary, or affiliate company.
What is an L1 Inter-Company Transfer Visa?
The L1 visa is an intra-company U.S. transfer visa that enables a U.S. employer to transfer executive, manager or specialized knowledge employees from a foreign company to the U.S. subsidiary, affiliate, branch, or parent of the same company.
It allows you to transfer employees either to an existing US business or to a newly established business. If you do not yet have a business operating in the United States you may set one up and move staff under the “new-office rules”.
There are two types of L1 visa:
- L1-A visa for executives and managers;
- L-1B visa for employees with specialized knowledge.
L1 Visa Service Procedures
Check your eligibility
Ensure that you meet the eligibility criteria for the L1 Visa category. You must have worked for a qualifying multinational company for at least one continuous year within the past three years.
Obtain a job offer
You must have a job offer from a U.S.-based employer with a qualifying relationship with your current employer.
File a petition
Your employer must file Form I-129, Petition for Nonimmigrant Worker, with USCIS on your behalf. This includes providing evidence of the qualifying relationship between the two companies, as well as your qualifications and job duties.
Attend an interview
You will need to attend an interview at the U.S. Embassy or Consulate in India. You will need to bring all relevant documentation, such as your passport, Visa application, and supporting evidence.
Wait for a decision
After the interview, you will need to wait for a decision on your L1 Visa application. If approved, you will receive your Visa and be able to travel to the United States.
Decision taken
The US company with a qualifying relationship with your foreign company must file a petition for your transfer to the US.
L1 Visa things to know
Benefits of L1 Visa
• No Quotas
• Compared to other visa categories, there are no limits on how many L1 visas are approved each year
• No Prevailing Wage Determination Requirement
• Unlike with H-1B, the petitioning U.S. company is not required to obtain a prevailing wage determination.
Processing Times for L1 Visa
Processing times for L-1 petitions may take up to six months or even longer, but there is an option to file a request for premium processing with USCIS by paying an additional fee.
Family Members and Benefits
L1 Visa holders are permitted to take their spouses and unmarried children under 21 years old to accompany them to the U.S. through the L2 visa. The spouse is employment authorized and may work for any U.S. employer. Meanwhile, your children can study in the U.S. ON their L2 visa.
Immigration Benefits for Family Members
L1 Visa holders are permitted to take their spouses and unmarried children under 21 years old to accompany them to the U.S. through the L2 visa. Meanwhile, your children can study in the U.S. with their L2 visa.
Tax Advantages
Depending on how long you stay in the U.S. in a given tax year, it may be possible that you will not be classified as a U.S. tax resident. you should consult with a tax professional to fully understand the tax implications on the L-1 visa.
Transition to Green Card
An L1 visa is also called a ""dual intent visa"" because you are able to apply for a lawful permanent resident status for the duration of your stay. This is in contrast with other work visas where pursuing a green card would violate your status. The criteria for L1-A is very similar to the criteria for the EB1C visa category for Multinational Managers or Executives.
L1 Visa Application Process
In getting started with your L-1 Visa application process, there are a few basic steps that you must follow:
File a petition
You must first file a petition on Form I-129 with the USCIS.
Provide documentation
You must have supporting documentation proving that the U.S. company and the foreign company meet the qualifying requirements.
Wait for approval
The USCIS will provide the approval of Form I-129 through Form I-797. This notice can be used as a basis for your L-1 petition.
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The L1 Visa enables a US employer to transfer an executive, manager or specialized knowledge employee from a qualifying foreign entity to the US entity. You can transfer staff to either the existing US business or to a newly established business.
So, if you do not yet have a business operating in the United States, you are permitted to set one up and move staff under the “new-office L1 Visa route”.
The size and sector of your existing foreign business does not matter, provided we can establish a qualifying relationship with your new US business.
There are two types of L1 Visa:
- The L1-A Visa is for executives and managers
- The L-1B Visa is for employees with specialized knowledge.
The L1 Visa is a type of nonimmigrant work Visa.
L1 Visa and L2 Visas are nonimmigrant Visas issued by the United States government.
The L1 Visa is a Visa for intracompany transferees, allowing foreign workers who are employed by an international company to work in the United States.
The L2 Visa is a Visa for spouses and dependent children of intracompany transferees.
The L1 Visa allows an executive, manager or specialized knowledge employee of a foreign company to transfer to a related U.S. company based on ownership and control.
The L1 Visa allows an executive, manager or specialized knowledge employee of a foreign company to transfer to a related U.S. company based on ownership and control.
The step – by – step process of getting L1 Visa from India:
- Check your eligibility: Ensure that you meet the eligibility criteria for the L1 Visa category. You must have worked for a qualifying multinational company for at least one continuous year within the past three years.
- Obtain a job offer: You must have a job offer from a U.S.-based employer with a qualifying relationship with your current employer.
- File a petition: Your employer must file Form I-129, Petition for Nonimmigrant Worker, with USCIS on your behalf. This includes providing evidence of the qualifying relationship between the two companies, as well as your qualifications and job duties.
- Attend an interview: You will need to attend an interview at the U.S. Embassy or Consulate in India. You will need to bring all relevant documentation, such as your passport, Visa application, and supporting evidence.
- Wait for a decision: After the interview, you will need to wait for a decision on your L1 Visa application. If approved, you will receive your Visa and be able to travel to the United States.
- The US company with a qualifying relationship with your foreign company must file a petition for your transfer to the US.
- If you have any questions about how to get an L1 Visa for USA from India, please check our L1 Visa India page.
If you are currently in the US on a different Visa status, you may need to file a change of status application along with your L1 Visa petition.
This process involves submitting a Form I-129, Petition for Nonimmigrant Worker, to United States Citizenship and Immigration Services (USCIS). If your petition is approved, you will be granted L1 Visa Status and can work for the qualifying US employer.
You can apply to change status in the US, but you would have to apply for the visa at the Embassy or Consulate.
Yes, it is possible for individuals on an L1 Visa to apply for a green card, which would give them permanent residency status in the United States.
However, the process of obtaining a green card can be complex and time-consuming.
One common way for L1 Visa holders to apply for a green card is through their employer.
The employer can sponsor the employee for a green card by filing a petition on their behalf, typically through either the EB-2 or EB-3 employment-based immigration categories.
The employee would then have to go through a rigorous application process, including demonstrating that they meet the requirements for the specific green card category they are applying under.
Another option for L1 Visa holders seeking a green card is to apply through a family-based immigration category.
For example, if the L1 Visa holder is married to a U.S. citizen, their spouse could sponsor them for a green card through the marriage-based immigration category.
It is recommended that individuals seeking a green card consult with an experienced immigration attorney for guidance on the best strategy for their specific situation.
If you have been issued an L1A visa for executives and managers, you may be eligible for the EB-1C category for multinational managers and executives.
The L1 Visa category has two sub-categories. L1A for managers and executives and L1B for specialized knowledge employees.
No. Birth certificate is not required.
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