The L-1 visa is a valuable option for employers who need to transfer employees from their foreign offices to the U.S. Whether you’re bringing in executives, managers, or specialized employees, this visa enables multinational companies to relocate key staff. In this step-by-step guide, we’ll break down the process of filing an L-1 visa petition, focusing on both L-1A and L-1B categories.
Step 1: Verify L-1 Eligibility
Before starting the L-1 application process, make sure both the foreign company and the U.S. entity meet the eligibility requirements:
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L-1A: For executives and managers. The employee must have been employed by the foreign company for at least one year within the last three years.
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L-1B: For employees with specialized knowledge in the company’s products or services. The employee must have the same one-year employment history.
Both the U.S. and foreign companies must have a qualifying relationship (parent, branch, subsidiary, or affiliate).
Step 2: Gather Required Documents
For both L-1A and L-1B petitions, gather the necessary documents, including:
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Proof of employment with the foreign company (e.g., payroll records, employment verification letters).
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Job description detailing the employee’s role and responsibilities in both the foreign and U.S. companies.
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Proof of corporate relationship between the U.S. and foreign entities (e.g., organizational charts, parent-subsidiary agreements).
Step 3: Complete and Submit Form I-129
To apply for an L-1 visa, file Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS). Attach the supporting documentation required for both the employee and the employer.
Step 4: Visa Interview and Approval
If the petition is approved, your employee can apply for the L-1 visa at a U.S. consulate or embassy (if applying from abroad). Once granted, the employee can enter the U.S. to begin working.