The L-1 visa provides a powerful immigration pathway for individuals who wish to live and work in the United States. The visa allows foreign businesses to transfer certain employees to work in a branch, parent, subsidiary, or affiliate in the United States. This guide will fully analyze the core elements of the L-1 visa.

[___Content overview]

1. L-1 Visa Definition
2. L-1 Visa Advantages
3. Application Requirements
4. Frequently Asked Questions for Management/Executives and Special Skilled Employees
5. Special Rules for L-1 Petitions for Newly Formed Companies
6. List of application materials
7. Application Process Details
8. Visa Extension Rules
9. L-1 Group Visa Program
10. Pathway from L-1 Visa to Green Card

I. What is an L-1 visa?

The L-1 is a nonimmigrant visa that allows foreign companies to transfer management, executives, or specially skilled individuals to work for U.S. affiliates. Among other things:

• L-1A: for management/executives
• L-1B: For Special Skilled Employees

Core features:

• The application must be submitted by a U.S. affiliate as the Petitioner.
• Allowed to bring spouse and minor children (on L-2 visa)
• Spouses can apply for work permits and children can attend U.S. schools

II. Seven Advantages of the L-1 Visa

1. Right to work and live in the United States: working for a designated employer
2. Extra-long stay:
3. L-1A up to 7 years (initial 3 years, renewable 2 times)
4. L-1B up to 5 years (initial 3 years, renewable 2 times)
5. Dual intent: allowing simultaneous retention of nonimmigrant and immigrant intent
6. No salary threshold: only U.S. minimum wage compliance is required
7. Family benefits: spouse can work, children can enjoy education
8. Expedited Processing: Pay an expedited fee to receive approval results within 15 days
9. No annual quota limit: different from H-1B visa

*L-1 vs H-1B:L1s have no educational requirements and no pay rate restrictions, but H-1Bs allow for more flexible employer conversions.

III. Four major application requirements

1. Qualified corporate relations:

• Parent/subsidiary company
• arm
• Affiliated enterprises (proof of common control required)

2. One year of overseas service: one year of full-time work for an overseas company within the last three years.

3. Nature of overseas positions: management/executives or special skills positions required

4. Match for positions in the United States: need to be in the same or higher level positions

IV. Analysis of frequently asked questions

1. Management/Executives (L-1A):

USCIS will focus on whether the position is predominantly a management function. Smaller companies will need to additionally demonstrate the necessity of the position (e.g., submit an organizational chart and work hour allocation schedule).

2. Special Skilled Employee (L-1B):

Need to demonstrate that knowledge is scarce (e.g., years of expertise, contribution to the company, etc.).

3. Conversion of job categories::

Overseas and U.S.-based position types may not coincide, but a statement of relevance is required.

V. Special L-1 Rules for Newly Formed Companies

define: U.S. company in operation for less than 1 year

Additional requirements::

• Provide a detailed business plan
• Demonstrate sufficient funds to support operations
• L-1A applicants need to prove that the company will establish a management position within 1 year

Initial validity period: 1 year only (higher standards to be met if extension is required)

VI. List of application materials

• Photocopies of passports
• personal resume
• Job Description (Overseas and U.S.-based positions)
• Documents proving corporate affiliation
• Supplemental business plan, etc. required for new companies

VII. Four steps in the application process

1. Hire an immigration attorney:The L-1 application is complex and professional guidance is essential
2. Document preparation:Collection of materials based on the list of lawyers
3. Filing Form I-129: Submitted by a U.S. company as an applicant
4. consular interview(to be completed by non-U.S. applicants)

*Note: Canadian citizens can apply directly at the port of entry

VIII. Visa extensions

L-1A: Up to 7 years (initial 3 years + 2 2-year extensions)

L-1B:Up to 5 years (initial 3 years + 2 1-year extensions)

newly established company: 1 year for the first time, with proof of business progress required for extensions

IX. L-1 Group Visa Program

Applicable objects: Large enterprises with frequent cross-border transfers

dominance: Employees can apply directly at the consulate without pre-approval of I-129

Enterprise qualification: At least one of the following needs to be met:

• More than 10 L-1 visas approved in the past year
• Worldwide annual sales of over $25 million
• More than 1,000 employees in the United States

X. L-1 to Green Card Pathway

• EB-1C (Executives of Multinational Corporations): Requirements are highly similar to L-1A
• Employer sponsorship:EB-2/EB-3 through PERM labor certification
• EB-5 Immigrant Investor: Subject to investment and job creation requirements
• Marriage Immigration: Marriage to a U.S. citizen/green card holder