If you are part of a global company with skilled supervisory workers outside of the US, the L1 visa is a non-immigrant visa that allows US employers to transfer a manager, executive, or employee with specialized knowledge from one of their affiliated foreign offices to an office in the United States.
Here’s what you need to know as an employer:
Types of L1 Visas
- L1A Visa (Managers and Executives):
- For employees in managerial or executive positions
- Maximum stay of 7 years
- L1B Visa (Specialized Knowledge):
- For employees with specialized knowledge of the company’s products, services, research, equipment, techniques, management, or other interests
- Maximum stay of 5 years
Eligibility
To be eligible, employees must have been employed by the company abroad for at least one continuous year within the last three years and clearly are coming to the US to work in a managerial, executive, or specialized knowledge capacity.
In order to sponsor the employee on an L1 visa, employers must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate). Timewise, the company must have conducted business in the US and at least one other country directly (or through a qualifying organization for the duration of the employee’s stay on the L1 visa).
It is the employer’s duty to stay in compliance with all US immigration laws and regulations, providing the same or comparable terms of employment as those for US workers. Employers should maintain accurate records of the employee’s employment status, job duties, and any changes in job conditions. Employers must keep in mind that extensive documentation is required to prove the qualifying relationship and the employee’s eligibility and USCIS may conduct site visits to verify the information provided in the petition.
Application Process
- Filing the Petition:
- File Form I-129, Petition for a Nonimmigrant Worker, along with the L Supplement, with US Citizenship and Immigration Services (USCIS).
- Provide evidence of the qualifying relationship between the US and foreign offices.
- Demonstrate that the employee meets the requirements for an L1A or L1B visa.
- Processing Time:
- Regular processing can take several months.
- Premium processing is available for an additional fee, which expedites the process to 15 calendar days.
- Obtaining the Visa:
- Once the petition is approved, the employee must apply for an L1 visa at a US consulate or embassy if they are outside the US.
- If the employee is already in the US, they can change their status to L1 without leaving the country.
The L1 Visa is a Dual Intent visa and these visa holders can apply for a green card without jeopardizing their L1 status.
Additionally, L1 visa holders can bring their spouse and children under 21 years old under the L2 visa. L2 spouses can apply for work authorization. The FrogHire.aiextension is one means by which L2 spouses can find employers who seek global talent; if you have a job that is nondomestic worker-friendly that you would like us to highlight as a job opportunity, contact us directly!
Cautionary
As with any nondomestic worker visa, employers must be aware that there may be a Request for Evidence (RFE) or denial if the documentation is insufficient or does not clearly establish eligibility.
TLDR: The L1 visa is a valuable tool for multinational companies to transfer key employees to the US, but it requires careful preparation and compliance with immigration laws. As an employer, understanding the requirements and maintaining proper documentation will help ensure a smooth process for transferring employees under the L1 visa program.
