L-1 Visa: Types, Eligibility Criteria, & Application Process

An L-1 visa of the US is a non-immigrant visa that permits foreign nationals to work in the United States for a limited time, which can range from 3 months to 5 years, depending on the applicants' origin countries. This is valid for individuals employed in a corporation with offices in the US and abroad. 

Workers from foreign countries can work in their corporation's US branch post being employed in a similar company abroad for at least 1 year within 3 years before moving into the US. The substantial ties between US and Non-US companies can be defined via branches and headquarters, parent and subsidiary, affiliates or sister corporations with mutual ownership.

Besides, an L-1 visa of the USA also entitles foreign corporations that do not have any branch located in this country to send an employee to set up a firm against meeting specific requirements.

An L-1 visa is sub-divided into two types:

1. L-1A (Applicable for Executives & Managers)

The validity of this visa is 7 years. After its expiry, holders can gain L-1 status after working abroad for at least 1 year in a parent, subsidiary, branch, or affiliate of a US company.

2. L-1B (Applicable for Workers With Specialised Knowledge)

The validity of this permit is 5 years. After its expiry, the holder can become eligible to gain L-1 status after having 1 year of experience working in a US corporation's branch, subsidiary, affiliate or parent located abroad.

The eligibility criteria to qualify L-1 visa are as follows:

For Employers

• Employers must hold a relationship with a subsidiary or foreign affiliates of the parent company. 
• The employer is operating or will operate a business in the United States.
• If an employer sends an employee to establish a new business in the US, the employer must own a property to set up a firm and possess a strong financial capacity to pay employees. 

For Employees

• An employee must have at least 1-year of working experience within 3 years before visiting the United States
• Intending to visit the United States and serve an organisation with specialised knowledge

For Business Owners

• Corporations with a worldwide network
• Corporations recognised by national authorities
• Companies with impeccable growth

Primarily, there are two following processes to apply for an L-1 visa:

1. Regular L-1 Visa

Employers apply for an L-1 visa on behalf of the potential candidate in this process. They can begin by filing a petition with the United States Citizenship and Immigration Services, which must approve the application for further proceedings.

2. Blanket L-1 Visa

In this procedure, the USCIS already assesses the eligibility of a company. Therefore, applicants only need to submit a photocopy of an approved blanket petition along with supporting documents.

Submit the following documents while applying for an L-1 visa:

• A copy of Form DS-160 
• A copy of L- supplement 
• A photocopy of the Notice of Action (Form I-797)

Documents Required From the Company in the United States

• Lease of the location of the office
• Stock certificates and bank statements
• Accounting reports
• Employer's Income Tax Return or Form 1120 (if required)
• Employer's Quarterly Report or Form 941 (if required)
• Detailed reports of business activities of the company
• Company letterheads
• Commercial agreements, invoices, letters of credit

Documents Required From a Foreign Company

• Article of Incorporation
• Income tax returns for the last 3 years
• Business licence
• An organisational chart with details of the number of employees working, position of the transferee
• Company's brochure
• Documents of business transactions
• Letterheads with the name, address and logo of the company

Documents Required From a Transferee

• Resume
• Payment statements 
• Diploma certificates
• Income tax-related documents 
• An organisational chart with the transferee's position
• Reference letters received from supervisors and colleagues
• Responsibilities in an executive or managerial role 
• Verification letter sent by the foreign company
• Documents related to appointments and board resolution
• Transferee needs to submit registration if he or she possesses specialised knowledge
• Additional documents to prove capability to be an executive and operate a business

The L-1 visa holder can remain in the United States for 7 years. However, at the beginning stage of moving into this country, holders can stay for 1 to 3 years.

The first step for applicants should be to analyse the causes of rejection after knowing that their L-1 visa application request has been rejected. Then, if they want to challenge this decision, they can appeal to the Administrative Appeals Office or through US District Court. Alternatively, applicants can apply for other appropriate visas like H-1B against fulfilling specific requirements.

Keep the pointers about the L-1 visa in mind, as mentioned above, to avoid any inconvenience while applying for it.