In today’s globalised economy, multinational companies often need to transfer key personnel between offices in different countries, including from the UK to U.S. You can use this to your advantage if you’re working for a company in the UK that has a U.S. presence (or is willing to create one).

For these multinationals looking to bring employees from the UK to the U.S., the L-1 visa offers a popular pathway to facilitate global mobility. It’s a visa category designed for ‘intracompany transferees’, allowing businesses to transfer executives, managers, and employees with specialized knowledge from their foreign offices to their U.S. operations.

What is the L-1 Visa?

The L-1 visa is a non-immigrant visa that enables multinational companies to transfer employees from their foreign offices to their U.S. branches, subsidiaries, affiliates, or parent companies. The visa is divided into two categories:

• L-1A Visa: For executives and managers who hold a high-level position within the company and have been employed with the organization for at least one continuous year out of the past three years.
• L-1B Visa: For employees with specialized knowledge of the company’s products, services, research, equipment, techniques, management, or other interests. Like the L-1A, the employee must have worked for the company abroad for at least one year in the three years prior to filing.

Key Benefits of the L-1 Visa

The L-1 visa offers several advantages for both the company and the employee:

• No Requirement for Labor Certification: Unlike other employment-based visas, the L-1 visa does not require the company to undergo the labor certification process, which involves proving that there are no qualified U.S. workers available for the position. This makes the L-1 visa a quicker and more efficient option for transferring employees.
• Dual Intent: The L-1 visa allows for dual intent, meaning the employee can pursue permanent residency (a green card) while holding L-1 status without it affecting their nonimmigrant status. An L-1A visa holder may also have a viable pathway to an EB-1(c) green card for certain multinational managers or executives.
• Family Benefits: L-1 visa holders can bring their spouse and children under 21 to the U.S. under L-2 dependent status. Spouses of L-1 visa holders are also eligible to apply for work authorization, allowing them to work in the U.S. without restrictions.

Eligibility Criteria for the L-1 Visa

For a company to sponsor an employee for an L-1 visa, several requirements must be met, including:

• Qualifying Relationship: The U.S. company must have a qualifying relationship with the foreign company. This can include parent companies, branches, subsidiaries, or affiliates. Both the U.S. and foreign entities must be actively conducting business.
• ‘1 in 3’ requirement: The employee must have been employed by the foreign company for at least one continuous year within the three years preceding the L-1 visa application in an executive, managerial, or specialized-knowledge role.
• Managerial, executive or specialized knowledge U.S. role
  • For L-1A visas, the employee must be coming to the U.S. to work in a managerial or executive role.
  • For L-1B visas, the employee must possess specialized knowledge crucial to the company’s operations.

The Application Process

For the Employer
The process begins with the U.S. employer filing a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence of the qualifying relationship between the U.S. and foreign entities, the employee’s qualifications, and the job description in the U.S. company.

For companies with a history of transferring employees and who meet certain criteria, the L-1 Blanket Petition option allows for a more streamlined process, enabling the transfer of multiple employees under one petition.

For the Employee
Once the petition is approved, the employee can apply for the L-1 visa at a U.S. consulate or embassy in their home country. The application process involves submitting the necessary documentation, attending an interview, and receiving the visa. If the employee is already in the U.S. under a different non-immigrant status, they can apply to change their status to L-1 without leaving the country.

How Much Does an L-1 Visa Cost?

An L-1 visa petition incurs a range of fees, especially with the government agency (USCIS) in charge of adjudicating them. The fees depend on the size of the employer, too, so if you’re classified as a ‘large’ employer (> 25 employees) you’ll pay substantially more in government fees.

As of October 2024, the fees for an L-1 are:

1. USCIS fees
   • I-129 fee: $695 (small employer) or $1,385 (large employer, > 25 employees)
   • Asylum program fee: $300 (small employer) or $600 (large employer)
   • Fraud prevention fee: $500
   • Premium processing (optional; guarantees decision within 15 business days): $2,805
   • Some employers must also pay a $4,500 fee if they employ 50 or more people in the U.S. and more than 50% of those individuals are in H-1B, L-1A or L-1B status.
2. Legal fees
   • These will vary considerably, but L-1 petitions are complex and technical so make sure you find a reputable lawyer to guide you through the process. We’d be happy to help you with that!

Frequently Asked Questions (FAQ)

1. What is the difference between the L-1A and L-1B visas?
The L-1A visa is for executives and managers, while the L-1B visa is for employees with specialized knowledge. The L-1A visa allows for an initial stay of up to three years, with extensions up to a maximum of seven years. The L-1B visa allows for an initial stay of up to three years, with extensions up to a maximum of five years.

2. Can the L-1 visa lead to a green card?
Yes, the L-1 visa can be a pathway to permanent residency. L-1A visa holders can often end up qualifying for the EB-1C immigrant visa, which provides a direct route to a green card without the need for labor certification. (L-1B visa holders may also transition to a green card, though they will generally need to go through the PERM labor certification process.) It’s worth consulting with an immigration lawyer for more information.

3. Can my spouse work in the U.S. on an L-2 visa?
Yes, spouses of L-1 visa holders are eligible to apply for work authorization under the L-2 visa. Once approved, they can work for any employer in the U.S. without restrictions.

4. How long does it take to get an L-1 visa?
Processing times can vary, but once the petition is approved by USCIS, the visa application process typically takes a few weeks to a few months, depending on the consulate’s workload and the specifics of the case.

5. Can an L-1 visa holder change employers?
The L-1 visa is specific to the employer who filed the petition. If the L-1 visa holder wishes to change employers, they would need to find a new visa sponsor and go through the appropriate visa application process for the new role.

6. What happens if the qualifying relationship between the U.S. and foreign company changes?
If the qualifying relationship (e.g., parent, subsidiary, affiliate) changes or ends, the L-1 visa holder’s status could be affected. It’s crucial to notify USCIS of any corporate changes that might impact the L-1 visa status.

7. Can an L-1 visa holder study in the U.S.?
Yes, L-1 visa holders can study in the U.S. as long as they’re maintaining their work status. However, they must continue to fulfill the primary purpose of their visa, which is to work for the sponsoring employer.

8. Is there a limit to the number of L-1 visas issued each year?
No, there is no cap on the number of L-1 visas issued each year, unlike some other visa categories such as the H-1B visa.

9. What is an executive role?

An executive is a person in a position in the company who:

• Directs the management of the organization or a major component or function;
• Establishes the goals and policies of the organization, component or function;
• Exercises wide latitude in discretionary decision-making; and,
• Receives only general direction or supervision from higher level executives, the board of directors or stockholders.

10. Are there minimum educational requirements for an L-1 visa?

No.

Conclusion

The L-1 visa is a powerful tool for multinational companies looking to transfer key employees to the U.S. It offers flexibility, the potential for dual intent, and a pathway to permanent residency, making it an attractive option for both employers and employees. If your company is considering an L-1 visa to bring talent to the U.S., working with an experienced immigration lawyer can help navigate the complexities and ensure a smooth process.