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The L1 visa category applies to aliens who work for a company with a parent,
subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either: in a managerial or executive capacity L-1A or which entail specialized knowledge L-1B for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad.
The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis
for at least one continuous year out of the last three-year period to qualify. There is currently no annual cap on L-1 visas.
Note: The employer is not required to obtain a labor certification prior to petitioning in this category. Compensation level is not prescribed, but U.S.
income must be sufficient to prevent the alien from becoming a public charge.
Dependents
Dependents (i.e. spouses and unmarried children under 21 years of age) of L-1 workers are entitled to L-2 status with the same restrictions as the principal. Dependents may be
students in the U.S. while remaining in L-2 status, however, dependents may not be employed under the L-2 classification.
Petition Document Requirements
A U.S. employer or foreign employer may file the I-129 petition, but a foreign employer
must have a legal business in the U.S. The petition must be filed with:
- Evidence of the qualifying relationship between the U.S. and the foreign
employer which address ownership and control, such as an annual report, copies of articles of incorporation, financial statements, or stock certificates;
- A letter from the alien's foreign qualifying employer detailing his or her
dates of employment, job duties, qualifications and salary and demonstrating that the alien worked for the employer abroad for at least one continuous year within the three-year period before the filing of the petition in an executive or managerial capacity or in a position involving specialized knowledge; and
- A detailed description of the proposed job duties and qualifications and
evidence the proposed employment is in an executive or managerial capacity or in a position involving specialized knowledge.
- If the alien is coming to the U.S. as a manager or executive (L-1A) to open or to be employed in a new office, also file the petition with evidence that:
(a) Sufficient premises to house the new office have been secured; (b) The beneficiary has, or upon
establishment will have, the qualifying relationship to the foreign employer and the qualifying position; and (c) The intended U.S. operation will be able to
support the executive or managerial position within one year of the approval of the petition.
Extending an Individual L1 Petition
A petitioner may apply for an extension of an individual L-1 petition using Form I-129. Supporting documentation is not required, except in those cases
involving new offices or when requested.
Filing the I-129 Petition:
USCIS Form I-129 consists of a basic petition and different supplements that
apply to the various visa categories. In order to petition for a temporary worker, the prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker, and the appropriate supplement with the
U.S. Citizenship and Immigration Services (USCIS) accompanied by the required payment, and initial evidence or documentation.
Once the petition is approved, the employer or agent is sent a Notice of
Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA).
Applying for the Visa:
f the prospective worker (beneficiary) is outside of the country, he must apply for a visa. After the USCIS has approved the I-129 and sent notice to the consulate in the
beneficiarys country, the beneficiary must file a visa application with the consulate. Some aliens may be visa exempt. In those cases, the I-129 approval notice is sent to the
port of entry (POE) where the beneficiary intends to apply for admission. For specific procedures on Visa
Application Procedures, Required Documentation and Visa Ineligibility Waiver, please visit Visa Services at the Department of State.
If the beneficiary is already in the U.S. and is changing from one
nonimmigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter.
Entry into the U.S.
Applicants should be aware that a visa does not guarantee entry into the
United States. The U.S. Customs and Border Protection (CBP) has authority to deny admission at the port of entry to any applicant who is inadmissible under INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.
When to file:
Petitions should be filed as soon as possible, but no more than 6 months
before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the alien's services are required or previous employment authorization ends.
How Can I Check the Status of My Application?
Please click here for complete instructions on checking the status of your petition.
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