The National L-1 Visa Renewal Process Reopens

The State Department will initiate a pilot program later this year to reopen domestic visa renewals for certain categories, including the H1B, and L-1 visa. These are two popular visas among high-skilled workers, providing relief for visa holders who currently have to leave the country to complete the process.

The program is intended to resume domestic renewals of certain categories of petition-based nonimmigrant work visas, including the L-1 visa. Therefore, at Jaskot Law, we will analyze what an L-1 visa is, and how you can obtain it.

If you need help obtaining a work visa or do not know what type of visa best suits your work needs, contact one of our attorneys today, and start your professional life in the United States. Call us at +1 (410) 235-6868, or via email by using [email protected].

What is an L-1 visa?

An L-1 visa is a type of nonimmigrant visa that allows companies to relocate executives, managers, or employees with specialized knowledge from foreign offices to the United States.

In addition, foreign companies that do not have an affiliated office in the United States may send an executive, manager, or employee with this type of visa to open an office in the country.

On the other hand, there are two types of L-1 visas, depending on the relocated employee: the L-1A visa for executives or managers, and the L-1B visa for employees with specialized knowledge.

How do I apply for an L-1 visa?

To apply for an L-1 visa, the sponsoring company must file the Form I-129 (Petition for Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.

Besides, the petition must include documentation evidencing the relationship between the foreign company and the U.S. company, the worker’s eligibility for the visa category, and the payment of the appropriate fees.

Requirements to apply for an L-1 visa

The requirements to apply for the L-1 visa vary depending on the subtype of visa you are applying for.

To apply for the L-1A visa (executives or managers), the requirements are:

• The applicant company must have a business relationship (for example, a subsidiary, branch, affiliate or parent company) in both the United States and another foreign country.
• The applicant must have worked in the foreign company for at least one year within the last three years in an executive or managerial position.
• The applicant must be relocated to the United States to work in an executive or managerial position in the same company.
• The applicant must be entering the United States to work for a subsidiary, branch, affiliate or parent company of the foreign company.
• The company in the United States must be active and in operation.

To apply for the L-1B visa (employees with specialized knowledge), the requirements are:

• The applicant company must have a business relationship (for example, a subsidiary, branch, affiliate or parent company) in both the United States and another foreign country.
• The applicant must have worked in the foreign company for at least one year within the last three years in a position requiring specialized knowledge.
• The applicant must be relocated to the United States to work in a position requiring specialized knowledge in the same company.
• The applicant must be entering the United States to work for a subsidiary, branch, affiliate or parent company of the foreign company.
• The company in the United States must be active and in operation.

In the case of the opening of a new office or branch of the company in question, an L-1 visa of any type may be granted if:

• The employer has ensured there is sufficient physical space to house the new branch/office.
• The employee has been employed for a full year within a three-year period prior to filing the L-1 visa petition.
• The new U.S. branch/office will support an executive or managerial position within one year upon the approval of the application.

How long does an L-1 visa last?

The length of stay in the United States under an L-1 visa may vary depending on the visa category.

Regarding the L-1A visa, the maximum duration of the initial stay is three years, with the possibility of requesting a two-year extension. In total, the maximum stay allowed under this type of visa is seven years.

An L-1B visa, on the other hand, has a maximum initial stay length of three years, with the possibility of requesting a two-year extension. However, in this case, the maximum stay allowed under this visa is five years.

On the other hand, any employee entering the United States for the opening of a new branch or office with an L-1 visa of any type will have one year of legal stay in the country.

It is important to note that the period of stay under an L-1 visa is subject to certain conditions , and may be limited by the time period set forth in the petition filed by the sponsoring company.

What is the difference between an L-1 visa and an H1B visa?

Both the L-1 visa, and H1B visa are nonimmigrant visas that allow foreign workers to work temporarily in the United States for a sponsoring company. However, there are some important differences between the two visas.

The L-1 visa is designed to allow the temporary transfer of executives, managers or specialized employees of a company abroad to a company in the United States that is affiliated with the sponsoring company. The H-1B visa, on the other hand, is intended for high-skilled foreign workers in specialized jobs in the United States.

Another important difference is that the L-1 visa does not require the sponsoring company to go through a labor certification process through the U.S. Department of Labor, while the H-1B visa does require this process.

In addition, the H-1B visa is subject to an annual cap on available visas and a lottery selection process in the event that applications exceed the cap, while the L-1 visa is not subject to such cap.

On the other hand, the L-1 visa has specific requirements regarding the relationship between the company abroad and the company in the United States, while the H-1B visa does not have such specific requirements.

Conclusion

In short, an L-1 visa can be a good opportunity to work legally in the United States. However, it should not be confused with other types of work visas, such as the H-1B visa.

Although both visas allow foreign workers to work temporarily in the United States, the L-1 visa is intended for intra-company transferees, and the H-1B visa is intended for highly-skilled workers. In addition, the H-1B visa requires a labor certification process, and is subject to an annual cap on available visas, while the L-1 visa does not have such requirements.

Remember: if you need help obtaining a work visa or don’t know what type of visa best suits your employment needs, at Jaskot Law, we can help you. Call us at +1 (410) 235-6868, or via email by using [email protected].

Sources

United States Citizenship and Immigration Services (USCIS).

Frequently Asked Questions