An L1 Visa is an intra-company visa that is available to certain employees of international companies wishing to be transferred to a parent, affiliate, subsidiary or branch of the company in the United States. It is generally granted to executives, managers or employees with specialized knowledge who have worked for the parent company for at least one year out of the previous three before the filing of the L1 petition.

L1 Visa Application Process

The employer must file Form I-129, Petition for a Nonimmigrant Worker on behalf of the employee. Organizations interested in filing multiple L1 Visas may file for blanket L certification to establish intracompany relationship in lieu of filing individual L-1 petitions. Approval of a blanket L petition is not a guarantee that an employee will be granted L1 status. If the blanket L petition has been approved, the employer will generally only need to file Form I-129S and send it to the employee, along with a copy of the blanket petition Approval Notice and the additional required documentation; the employee then need only present all the information to a consular office when applying for the L1 Visa.

How can you prove that the U.S. entity has a qualifying relationship with the foreign company?

Typical items used to prove a qualifying relationship include articles of incorporation, business licenses showing common ownership of the U.S. company, annual reports detailing corporate structure, contracts or other documents detailing the relationship, corporate filings or any other evidence showing ownership and control of the U.S. and foreign entities.

How can I prove that I have worked the requisite amount of time for an L1 Visa?

Items typically used to prove time worked include payroll records, tax returns, pay stubs or evidence of work products.

How can I show that my position in the foreign company qualifies under the requirements of the L1 Visa?

Examples of evidence used to prove a qualifying position in the parent company include:

• Organizational charts documenting your position
• Resume detailing job accomplishments
• Performance evaluations
• Loans or financing on behalf of the company
• Patents or other miscellaneous technology, products or services that are based on your work

Sufficient Office Space Requirement

Foreign companies looking to send an employee to the United States in a managerial or executive role to establish a new office must provide documentation showing that they have obtained sufficient physical space for a new office. Examples of evidence that may be presented include signed lease agreements, mortages or other proof of real estate acquisitions and business plans and documentation connecting the company with the acquired real estate. If the office space has not been acquired by either lease or purchase, additional documentation detailing how the office space was obtained must be included with the petition.

Period of Stay

Employees being sent to establish a new office are granted a maximum initial stay of 1 year. All other L1 workers are eligible for a 3 year maximum initial stay. L-1A employees may be granted two-year extensions, up to a maximum of 7 years. L-1B employees may be granted two-year extensions, up to a maximum of 5 years.

Family Members of L1 Workers

Employees granted L1 status may apply for L2 nonimmigrant classification for their spouse and unmarried children under 21 years old. If approved, the family member will generally be granted the same period of stay as the L1 worker. If the family member is already in the United States under another immigrant status, they may file Form I-539 to either adjust or extend their stay under L2 status. Spouses of L1 workers can apply for work authorization by filing Form I-765. There are no restrictions on where the L2 spouse can be employed.

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