L-1A Visas
For intracompany transferees who have been employed outside the U.S. for at least 1 year in the past 3 years, in a managerial or executive role.
Eligibility:
The U.S. employer must be a branch, parent, affiliate, or subsidiary of the foreign employer, with clear documentation proving the relationship between the U.S. and foreign office. Additionally, the employee must have worked continuously outside the U.S. for at least one year before applying.
L-1A vs L-1B:
The L-1A visa is designated for individuals in managerial or executive roles, while the L-1B visa is intended for employees in positions that require specialized knowledge.
Duration of Stay:
The L-1A visa is initially granted for up to three years and can be extended for a maximum of seven years, while the L-1B visa is also initially issued for up to three years but can only be extended for a maximum of five years. Once the maximum period is reached, the individual must reside outside the U.S. for at least one year before becoming eligible for the visa again.
Blanket L Program:
Multinational companies may use the Blanket L program, bypassing certain USCIS stages, allowing candidates to apply directly at a U.S. Consulate.
Family of L-1A Workers:
Spouses and children of L-1 visa holders can apply for dependent L-2 visas. Once in the U.S., L-2 spouses are eligible to apply for employment authorization.
Restrictions:
L-1B visas are restricted when the worker is primarily at third-party client sites if they are controlled by the client or not working on the sponsoring employer’s specialized product/service.
L-1B Visa
Allows foreign employees with specialized knowledge to transfer from a foreign office to a U.S. branch, parent, affiliate, or subsidiary.
Eligibility:
The applicant must have been employed outside the U.S. for at least one year within the past three years in a specialized knowledge role and must be transferring to a similar specialized knowledge position in the U.S.
Duration:
The initial stay for an L-1B visa is up to three years, with extensions available for a maximum total stay of five years. Once the maximum stay is reached, the individual must reside outside the U.S. for a full year before becoming eligible for another L-1B term.
Blanket L Program:
The blanket L petition allows certain multinational companies to bypass USCIS petition processing. To qualify, the position must be considered a “professional” role for specialized knowledge employees, typically requiring a university degree, though exceptions may apply.
Restrictions:
L-1B visas are not issued if the employment primarily takes place at third-party client sites where the employee is principally controlled and supervised by the client or if the work does not involve the employer’s own specialized knowledge.
Documentation:
A qualifying corporate relationship between the U.S. and foreign office must be established with clear documentation proving the connection.
Fees:
Fraud Detection and Prevention Fee is $500 for each initial L-1B application.
Family:
Spouses and children of L-1B workers can obtain L-2 visas, and L-2 spouses are eligible to apply for employment authorization once in the U.S.
