What Are the Requirements for the L1 Visa, Widely Used by International Companies Seeking to Open a Branch in the U.S.?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The United States is widely regarded as a global hub for commerce. Many international companies aim to support their growth by opening new branches in the U.S. For companies looking to establish a presence or expand operations in the U.S., the L1 visa provides significant advantages. This visa is specifically designed for multinational companies to transfer executives and employees with specialized knowledge to the U.S. However, both the applicant and the company must meet several specific requirements to qualify for this visa. In this article, we will examine the key features, requirements, and benefits of the L1 visa in detail:

• What is the L1 Visa?
• L1 Visa Requirements
• Advantages of the L1 Visa
• L1 Visa Application Process

If you have further questions related to this topic, feel free to reach out via the comments section, send me a message directly through LinkedIn, or contact me via the website of my firm, CK Law Firm!

What is the L1 Visa?

The L1 visa is a temporary work visa that allows international companies to transfer executives or employees with specialized knowledge to the U.S. There are two categories of the L1 visa:

• L1A Visa: Used to transfer executives or senior managers to the U.S. This visa can be used both for existing operations and for opening a new office.
• L1B Visa: Designed for employees with specialized knowledge. L1B applicants must possess unique knowledge about the company’s products, processes, or services.

L1 Visa Requirements

Both the company and the individual applying for the L1 visa must meet specific conditions, which are critical for the approval of the visa.

Company Requirements:

International Relationship:

The company must have a parent, subsidiary, branch, or affiliate outside the U.S. The individual being transferred must be employed by one of these internationally related entities. The multinational nature of the company must be substantiated through documentation.

Continued Operations:

The U.S. branch, office, or affiliate must be actively conducting business. If a new branch is being opened, the office must become operational within one year and continue regular business activities.

Company Size and Capacity:

The company must be large enough to support the transfer of employees between international offices and must maintain operational or financial links between these offices.

Applicant Requirements:

At Least 1 Year of Employment:

The individual must have worked continuously for the company outside the U.S. for at least one year within the last three years. This is crucial to demonstrate the applicant’s qualifications.

Managerial Position for L1A:

The applicant must be transferred to the U.S. to work in a managerial or executive role. This role should involve managing personnel, making strategic decisions, and overseeing operations aimed at growing the company.

Specialized Knowledge for L1B:

The applicant must possess unique knowledge about the company’s products, services, or processes. This often includes technical expertise, product development, or the management of a specific business process.

Advantages of the L1 Visa

The L1 visa offers numerous benefits for multinational companies, particularly those planning to establish or expand operations in the U.S.

1. L2 Visa for Family Members: L1 visa holders can bring their spouses and children under 21 to the U.S. through the L2 visa. Spouses can apply for work authorization under the L2 visa, and children can attend school in the U.S., making it easier for families to relocate and settle in the U.S.
2. Green Card Eligibility: L1A visa holders can apply for permanent residency (Green Card) under the EB-1C category, which offers a faster path to obtaining a Green Card. L1B visa holders can also apply for a Green Card, though the process may take longer.
3. Extended Stay:
   • L1A Visa: Initially granted for 1-3 years, it can be extended up to a total of 7 years. For new offices, the initial visa is issued for one year.
   • L1B Visa: Issued for three years and can be extended for a total of 5 years.
4. Ease of Opening an Office: The L1 visa facilitates the process of opening a new branch in the U.S. It allows companies to start operations quickly and provides a foundation for future Green Card applications.

L1 Visa Application Process

The L1 visa application must be submitted to U.S. Citizenship and Immigration Services (USCIS). The process requires various documents demonstrating the company’s status, the applicant’s position, and the business activities in the U.S. Applications generally take 4-6 months, but this period can be shortened with premium processing.

Required Documents:

• Form I-129 Petition: Filed by the employer with USCIS to initiate the L1 visa application.
• Company Documents: Proof of the multinational nature of the U.S. office and foreign branches.
• Employee Documents: Proof of the applicant’s qualifications and their role within the company.
• Financial Documents: Evidence of the financial capability of the U.S. branch or the parent company.

You can read more about the documents required for the L1 visa in this article!

Interview Process

After the petition is approved, the applicant must attend an interview at the U.S. consulate. During the interview, the individual’s role, responsibilities, and other visa-related details will be reviewed. It is critical to ensure that all documents are accurate and complete to avoid delays in the process.

Frequently Asked Questions (FAQ)

Who can apply for an L1 visa?

International companies planning to open a branch or transfer employees to an existing branch in the U.S. are eligible to apply. The applicant must be an executive, senior manager, or employee with specialized knowledge.

How long can I stay in the U.S. on an L1 visa?

L1A visas can be extended up to 7 years, while L1B visas can be extended up to 5 years.

Can I apply for a Green Card with an L1 visa?

Yes, L1A visa holders can apply for a Green Card under the EB-1C category, offering a faster path to permanent residency.

Conclusion

The L1 visa presents an excellent opportunity for multinational companies looking to establish or expand operations in the U.S. By transferring qualified employees to the U.S., companies can rapidly scale their operations and enter the U.S. market. The key to a successful L1 visa application is ensuring that both the applicant and the company meet all the necessary criteria.

At CK Law Firm, we are here to guide you through every step of the L1 visa application process. For professional support, more detailed information, or to schedule a consultation, contact us via our website cklawfirm.org, email us at info@cklawfirm.org, or reach out through LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.