The L-1 visa is a nonimmigrant work visa that allows multinational companies to transfer executives, managers, and employees with specialized knowledge to a U.S. office. If there is no existing U.S. office, the visa also enables companies to establish a new one.
At Gagliano Law, PLLC, we assist businesses and individuals in understanding the L-1 visa process, ensuring compliance with U.S. immigration laws, and working through the complex requirements set by the federal government.
Understanding the L-1 Visa
Types of L-1 visas
- L-1A Visa: for executives and managers transferring to a U.S. office or establishing a new office
- L-1B Visa: for employees with specialized knowledge about the company’s products, services, processes, or procedures
Both visa types require proof of employment with the company for at least one continuous year within the past three years before applying.
Who can apply
- Employees of multinational corporations
- Companies looking to expand operations into the U.S
- Businesses seeking to transfer leadership or key personnel to their U.S. office
Key benefits
- No labor certification required, unlike some other employment visas
- Dual intent, which allows for a potential transition to permanent residency
- Initial stay of up to 1 year for a new office, or 3 years for an existing office, with extensions available
The L-1 visa process
- Determine eligibility. Before applying, the employer must confirm that the employee meets all L-1 visa requirements, including employment duration and qualifications
- File the petition. The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services. The petition must include proof of a qualifying relationship between the foreign and U.S. business, evidence of employment history and qualifications, a detailed job description, and documentation supporting the company’s financial stability and operations
- Visa application. Once USCIS approves Form I-129, the employee applies for an L-1 visa at a U.S. consulate or embassy in their home country. This includes completing Form DS-160, scheduling and attending a visa interview, and providing supporting documents such as proof of employment and company records
- Entering the U.S. If approved, the employee receives an L-1 visa stamp in their passport and can travel to the U.S. A Customs and Border Protection officer will review the documentation at the port of entry before granting admission
Rights and responsibilities under the L-1 visa
Work authorization
L-1 visa holders can only work for the U.S. employer that filed the petition. Unauthorized employment outside of the sponsoring company violates visa terms.
Family sponsorship, the L-2 visa
L-1 employees may bring their spouse and children under 21 years old through an L-2 dependent visa. Spouses may apply for employment authorization to work in the U.S.
Extension and change of status
L-1 visa holders can apply for extensions in increments of up to two years, with a maximum stay of 7 years for L-1A executives and managers, and 5 years for L-1B specialized knowledge employees. Some employees transition from an L-1 visa to a green card through the EB-1C immigrant visa category.
L-1 visa processing times
Processing times vary based on the workload of USCIS and the U.S. consulate where the employee applies. On average:
- USCIS processing of Form I-129: 2 to 6 months
- Consular processing: additional weeks or months depending on the country
- Premium processing, optional: USCIS offers a 15-day expedited processing for an additional fee
Employers should plan ahead to avoid delays and ensure that their employees can start work on time.
Frequently asked questions
Can I work for a different employer while on an L-1 visa?
No. L-1 visa holders are only authorized to work for the U.S. employer that filed their petition.
Can an L-1 visa lead to a green card?
Yes. L-1A visa holders may apply for a green card through the EB-1C immigrant visa category without a labor certification.
How long does the L-1 visa process take?
Processing times vary but typically range from 2 to 6 months. Employers can request premium processing for faster results.
Can my spouse work in the U.S. on an L-2 visa?
Yes. Spouses of L-1 visa holders can apply for employment authorization and work legally in the U.S.
What happens if my L-1 visa expires while I am still working?
L-1 visa holders must apply for an extension before the visa expires. If the maximum time limit is reached, they must leave the U.S. or change to another visa category.
Get assistance with your L-1 visa application
At Gagliano Law, PLLC, we assist businesses and professionals with L-1 visa petitions, ensuring compliance with federal immigration laws and helping companies meet their goals. Contact us to discuss your immigration needs and explore your options.
