How to Obtain an L-1 Visa: A Detailed Guide

Advantages of the L-1 Visa

Unlike other types of business visas provided by the U.S. government, the L-1 visa is considered the best solution for international companies or those aspiring to become international. It allows them to achieve this goal with minimal risk. While investor visas require significant financial investment, talent and work visas require sponsors, and other visas may not even permit work, the L-1 visa allows individuals to legally work in the U.S. without the fear of deportation.

Essentially, this visa requires the applicant to either be a senior-level manager or a specialist who thoroughly understands the company’s processes and products.

The second advantage of the L-1 visa is that there are no quotas. While visas like the H-1B and O-1 have strict quotas, the L-1 visa does not. The U.S. government recognizes that bringing a company into the U.S. market can increase financial turnover and improve the quality of life for its citizens. Additionally, there are no date restrictions or specific conditions—applications can be submitted at any time.

The third advantage is that the L-1 visa is considered a dual-intent visa. Unlike other visas, which are either immigrant or non-immigrant, the L-1 allows for both paths: you can choose to either not immigrate or begin the immigration process after one year of holding the visa and passing visa control in the U.S.

The fourth advantage is particularly appealing: no specific educational qualifications are required for the L-1 visa. For instance, the H-1B and other visas often require a bachelor’s or master’s degree, and in some cases, proof of knowledge from local universities. However, for the L-1 visa, applicants can qualify based solely on their management or leadership skills.

What Makes the L-1 Visa Beneficial

The L-1 visa is advantageous for applicants because it allows entrepreneurs to transfer themselves and part of their company to the United States with minimal investment compared to other types of visas. Additionally, they can bring along valuable employees. As mentioned earlier, one of the main benefits is that there is no need to provide proof of specific educational qualifications. Even someone without a bachelor’s degree can easily apply for and obtain this visa. Another advantage is that the application process can be expedited, with the premium option reducing the wait time for processing to as little as 15 days.

Who Can Relocate with an L-1 Visa Holder

Legal spouses (including common-law partners, as long as cohabitation can be proven) and unmarried children under the age of 21 can relocate to the United States with L-1A and L-1B visa holders. They will receive an L-2 visa. Unlike other “work” visas, this type allows family members to work in the U.S. without needing to obtain an EAD (Employment Authorization Document) card as of November 21, 2021, providing additional benefits. Children with an L-2 visa can attend American schools on the same terms as local children but, unfortunately, cannot legally work until they change their status to another visa category. The duration of the L-2 visa is the same as that of the primary L-1 visa holder.

Unfortunately, parents and guardians of L-1 visa holders cannot obtain an L-2 visa as they are over the age of 21.

L-1 Visa Application Process

The process of applying for an L-1 visa consists of several steps:

1. Filling Out and Submitting the DS-160 Form for a Nonimmigrant Visa
   The application for an L-1 visa is usually initiated by the company, which must fill out the DS-160 form. However, the applicant can also complete the form independently using guidance, such as from this article.
2. Filing Form I-129 for a Nonimmigrant Worker
   The company submits a petition to the USCIS service center. The petition must be filed no later than 45 days before the employee’s intended start date.
3. Waiting for a Decision on Both Documents
   USCIS conducts a thorough review of the company and the applicant’s background, including any relatives in the U.S. It also evaluates the I-129 petition and makes a decision, which is forwarded to the consulate of the country from which the worker will travel to the U.S.
4. Consular Processing
   This stage involves an interview with the future manager or employee conducted by a consular officer in the applicant’s home country. During the interview, the consular officer will review the application and the USCIS decision, hold a discussion with the applicant, and make a final determination on whether to issue or deny the visa. Additionally, the officer may request further documents from the company or worker to verify their position or specialized knowledge (Request for Evidence, or RFE). Once the consular officer approves the petition, USCIS will promptly issue the visa in the shortest possible time.

Required Documents for an L-1 Visa Application

The required documents include:

• A valid passport for the applicant (and for spouses and children if L-2 visas are also required).
• A recent passport-sized photograph, taken no later than six months prior to the application.
• The approved DS-160 form.
• Original and copies of the invitation for the consular interview.
• Receipts for the payment of the I-129 petition fee, DS-160 form, and visa issuance fees.
• A resume or CV.
• A detailed description of the executive or worker’s position in the United States and the responsibilities they will fulfill.
• General information about the U.S. branch and the company’s office in the applicant’s home country, including a description of the company’s operations, photographs, and other basic documentation that confirms the company’s existence and active operations.
• Proof of prior work experience, including references from previous employers (if possible).
• Certificates of completed training (if an employee is applying for an L-2 visa).
• Bank statements from the company’s account for the past six months to confirm the company’s financial viability or its ability to support the employee’s continued employment.

Information on Completing the DS-160 Form

If the U.S. company that is transferring managers or employees needs to relocate an entire team rather than just one manager or worker, it is possible to submit a single application for all the required personnel. This will help reduce the costs of the application process and allow the entire necessary team to relocate together.