L-1 Visa Guide For Employers: Process, Cost & FAQs

Is your company expanding and you need to transfer experienced managers and specialized employees from your international offices to the U.S.? You can do so with the L-1 visa.

We’ll cover everything you need to know about the L-1 visa, from requirements and procedure to processing time, cost, and commonly asked questions.

Plus, we will explain how the knowledgeable immigration attorneys at Spar & Bernstein can handle all the paperwork so you can focus on your business growth.

What Is An L-1 Visa?

The L-1 visa is a nonimmigrant visa that allows multinational companies expanding into the United States or relocating key personnel, to transfer employees from foreign offices to their U.S. offices.

There are two main types of L-1 visa:

• L-1A visa: Used for executives and managers and valid for up to 7 years.
• L-1B visa: For employees with specialized knowledge who can benefit a company’s operations with a validity of up to 5 years.

The L-1 visa can be used as a pathway to a Green Card (read more about Green Card benefits in our recent article).

L-1 Visa Requirements

To qualify for an L-1 visa, both the employer and employee must meet specific requirements:

Employer Requirements

• Must have a qualifying relationship with a U.S. entity — for example, a parent company, subsidiary, affiliate, or branch
• Must have active business relations with the U.S.
• Must have physical premises and sufficient funds to support operations, if the company is opening a new office

Employee Requirements

• Must have worked for the company outside the U.S. for at least one continuous year within the last three years
• Must be coming to the U.S. in an executive, managerial, or specialized knowledge position

How To Apply For An L-1 Visa

As an employer, you must follow several key steps to successfully transfer an employee to the U.S. on an L-1 visa.

Here is a step-by-step guide to the process.

Form I-129

File Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS), together with required documents, such as:

– Evidence of qualifying relationship:

• Articles of incorporation, business registration, or bylaws
• Stock certificates or financial statements showing common ownership
• Affiliate agreements or proof of shared management

– Evidence of doing business:

• Business licenses
• Tax returns and financial statements
• Contracts, invoices, or client agreements

– Proof of employee’s eligibility for an L-1 visa:

• Employment letter showing the employee has worked for at least one year abroad in the past three years
• Job description proving the employee is a manager, executive, or specialized knowledge worker
• Organizational charts showing the employee’s role within the company

– New office documentation:

• Office lease agreement
• Business plan with financial projections
• Proof of sufficient funds to support U.S. operations

If you are a large multinational company, transferring employees to the U.S. on a regular basis, you can file Form I-129S, Nonimmigrant Petition Based on Blanket L Petition.

It allows you to obtain pre-approval for multiple L-1 transfers without filing separate I-129 petitions for each employee.

Petition Is Reviewed By USCIS

After you file your petition, USCIS will review it to determine if you, as a company, and the employee meet the L-1 visa requirements and if your application includes all required and supporting documents.

If USCIS needs more information, they may issue a Request for Evidence (RFE). Be sure to respond by the stated deadline to avoid denial.

• If the petition is approved, USCIS will send you Form I-797, Notice of Approval.
  – If your employee is outside the U.S., the approved petition will be sent to the National Visa Center (NVC) and then forwarded to the U.S. Embassy or Consulate where the employee will apply for their L-1 visa. The employee will file Form DS-160, Online Nonimmigrant Visa Application and attend a visa interview.
  – If the employee is already in the U.S., USCIS will grant a change of status to L-1 without consular processing.
• If the petition is denied, USCIS will provide reasons for the decision, and you may file a motion to reconsider or submit a new petition.

Visa Approval & Entry To The US

Upon visa approval, it will be stamped in the employee’s passport and the employee can travel to the U.S. for their assignment.

To ensure you as an employer meet all requirements and file all needed supporting documents, consult a trusted immigration law firm like Spar & Bernstein.

We have 60+ years of experience in immigration law and an extensive portfolio of successful cases.

L-1 Visa Processing Time

The time USCIS takes to process Form I-129 for intra-company transferees and blanket L applicants is between three and seven months.

For an additional fee, USCIS offers a premium processing service, guaranteeing a decision (approval, denial, or Request for Evidence) within 15 calendar days. If you want to use it, File Form I=907, Request for Premium Processing Service along with the fee.

If your employee is applying from outside the U.S., visa interview wait times may vary by embassy.

Cost For L And L-1 Petitions

The filing fee for Form I-129 for L and L-1 petitions is $1,385.

If you are filing the petition as a small employer or nonprofit, you must pay $695.

In addition to the filing cost, you may need to pay additional fees, such as:

• $600 for regular petitioners under the Asylum Program
• $300 for small employers under the Asylum Program
• You don’t have to pay an additional fee if you are filing as Nonprofit under the Asylum Program
• $500 for a Fraud Prevention and Detection fee
• $4,500 if you employ 50 or more individuals in the U.S. and more than 50 percent of these employees have a H-1B, L-1A, or L-1B nonimmigrant status

Need Help With Your L-1 Visa? Contact Spar & Bernstein

Our experienced immigration team of attorneys at Spar & Bernstein are well versed in assisting businesses with L-1 visa applications.

If you choose to work with us, we will:

• Meet you for a detailed consultation to evaluate your company’s eligibility and best approach to L-1 visas
• Help with document preparation, ensuring all forms are completed accurately
• Help with petition filing
• Represent you before USCIS
• Help your employees navigate consular processing and visa interview

Work with Spar & Bernstein to secure L-1 visa approvals quickly and efficiently.

FAQs About L-1 Visa

Understanding the L-1 visa process is crucial for smoothly transferring key employees to your U.S. operations. If you haven’t found the answer you were looking for, you can learn more about the L-1 visa below.

Can small businesses file for an L-1 visa?

Yes, small businesses can apply for an L-1 visa, if they meet all requirements and have an overseas office that can transfer employees to a U.S. location.

What is an L-1 Blanket Petition?

An L-1 Blanket Petition is a streamlined process that allows large multinational companies to apply for multiple L-1 visas at once, facilitating the transfer of multiple employees to the U.S.

Can L-1 employees work for multiple U.S. employers?

No, L-1 employees are authorized to work only for the employer who sponsored their visa. If they want to transfer to another employer, they will need to do so through a new visa petition.

Can an immigration lawyer help me assess if my business meets the L-1 visa requirements?

Yes, an immigration lawyer can evaluate your business structure and overseas operations and determine if your company qualifies for an L-1 visa.

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

The L-1 visa is used for intra-company transferees and does not have an annual cap. The H-1B visa is for foreign professionals working in specialty occupations and has an annual quota.

Do I need a lawyer for the L-1 visa process?

While hiring a lawyer is not required, working with an experienced team like Spar & Bernstein can improve the chances of a successful petition. We’ll ensure all documents are in order, help you avoid common mistakes, and provide tailored advice for your business’s specific situation.