For a more general overview of the L-1 visa, please refer to this page. L-1 Visa General Overview

L-1 Visa Application Process

The application process for the L-1 visa consists of Form I-129, Petition for a Nonimmigrant Worker, and the L visa supplement. A supporting letter from the foreign entity or petitioning organization, as well as any requisite documentation supporting the petition should also be included.

Document List

The following is a list of documents typically sent with each application. Keep in mind that each case is different, so the type of evidence sent in an L-1 visa application may vary from case to case.

Employer Related

• Evidence of the U.S. company's ownership and proof of a qualifying relationship between the U.S. company and the foreign entity. This may include statements from the foreign company, annual reports, articles of incorporation, operating agreements, SEC filings, and any other documentation showing the relationship between the parent company and its subsidiaries.
• Proof of stock ownership, tax records, profit and loss statements, tax returns, company bylaws, minutes of board meetings

Worker Related

• Proof of the employee's prior year of employment at the foreign entity
• Proof that the employee worked in a managerial, executive or specialized knowledge capacity for at least one year out of the three years prior to filing the L visa application.
• Letter signed by foreign entity or petitioning company describing employee's job duties, title, number of employees supervised, qualifications, level of authority, salary, and any other items that help to show the employee's position and role

Change of Status and Consular Processing

An individual applying for an L-1 visa generally has two options for obtaining L-1 status. They can either apply for a change of status, or they can apply for L-1 status at a U.S. consulate after the L-1 application has been approved. Each of these pathways has their own set rules and procedures, so individuals interested in obtaining an L-1 visa should be aware of these specific rules and procedures before proceeding.

Change of Status

Change of status refers to the process by which an alien already in the United States petitions to change their current, existing status to L-1. In general, aliens applying for this status must:

• Have been lawfully admitted into the U.S. as a nonimmigrant
• Not have committed any act that would make them eligible for COS
• Not be required to depart the United States before approval of the L-1 petition
• Request a change of status prior to the approval of their L-1 visa application

Further, individuals with visa waiver status or in C, D, K-1 and K-2, TWOV, WT, or WB status are prohibited from applying for a change of status.

Applying for a change of status simply requires the employer to select the appropriate option when preparing the L-1 visa application. Once and when approved, an updated I-94 will be provided for the alien. Individuals seeking to apply for a change of status should meet with a qualified immigration attorney prior to choosing this option, as there are numerous issues that one should be aware of. For example, individuals in certain immigration statuses who elect to file for a change of status may be found to have committed fraud if an immigration officer determines that the underlying reason for applying for the initial status was for purposes of bypassing consular processing.

Consular Processing

If a prospective L-1 visa applicant currently lives overseas, the best option for them in most cases will be to apply for the L-1 visa via consular processing. As of 2019, applying for a visa at a U.S. consulate is generally faster than applying for a change of status. The downside to this is that any applicant currently in the United States would have to first exit the country and wait for their interview outside of the country before re-entering in valid L-1 status.

Applying for consular processing generally requires the same documentation as with a change of status, but a few additional things may be required:

• Form DS-160
• Passport photographs
• USCIS approval notice of the underlying L-1 visa application
• Any relevant supporting documentation

Premium Processing

Individuals applying for the L-1 visa application have the option to choose premium processing. For an additional fee of $1,410, USCIS will guarantee a response to the L-1 application within 15 calendar days of receiving the application. In order to choose premium processing, Form I-907 must also be submitted with the application. Along with the benefit of a faster response time, another benefit of using premium processing is special contact information for cases.

Contact Pratt, Mong & Lee Houston Immigration Attorneys for more information about the L1 visa application process.