Greencard H1 Visa F1 Visa L1 Visa

Introduction to L1 visas

Just as with any other kind of visa application, there is a detailed process an alien must go through in order to successfully apply for their L-1 nonimmigrant visa, whether it is L1-A or L-1B. Whether they are applying through the change of status procedure or obtaining a visa through consular processing (discussed in detail below), the following petition papers must be collected and sent to the USCIS by the petitioning employer:

  • The Form I-129, Petition for a Nonimmigrant Worker, and the L Supplement. These can be downloaded for free from the USCIS web page.
  • A supporting letter from the U.S. employer, verifying that the alien will be working for them in the United States in the necessary capacity.
  • Other documents as evidence supporting the petition.

L-1 and Consular Processing:

An L-1 alien needs to be aware of the risks of applying for COS if they are already in the United States on another non-immigrant status, such as B-1 or B-2. While technically B-1 holders are permitted to change status to another non-immigrant status, doing so in order to avoid the more stringent application procedures associated with the new status (such as L-1) is considered fraudulent by the USCIS, since the alien failed to disclose their actual reason for seeking the B-1 visa. Such behavior could make it extremely difficult to obtain an L-1 visa for entry into the United States in the future. This is one of the reasons why consular processing is suggested in most situations.

If the alien is already outside of the U.S. and seeking L-1 status (as is most often the case), they must use consular processing. For another, if they are in the U.S. and already on another non-immigrant status, it is faster and less risky to use consular processing. Of course, the downside of consular processing for those aliens that are already in the United States is that they have to leave the country in order to get a visa to be able to come back on L-1 status.

In order to obtain their visa, the alien must present the following materials in person at the U.S. consulate once their approved L-1 petition has been sent to the National Visa Center:

  • Form DS-160, the standard nonimmigrant visa application
  • Passport of the visa applicant
  • One photograph following Department of State requirements
  • Applicable application fee
  • USCIS approval notice of a nonimmigrant petition (I-797B) or certification from sponsoring institution when such prior approval or certification is required for issuance of a nonimmigrant visa
  • Supporting documentation establishing the alien’s eligibility for the particular nonimmigrant visa sought.

According to the USCIS, the petitioner must submit evidence of the following requirements for an L-1 visa:

Any organization which is 'doing business' (i.e. has more than simply an agent or representative presence) in the United States can sponsor an L1 visa, provided that the candidate qualifies in either L1A or L1B category, and that the sponsoring organization continues to carries on doing business outside the United States for the duration of the worker's L1 status. There is no restriction on the types of business that can sponsor an L1 visa – corporations, partnerships, government-owned entities and non-profit organizations are all eligible. Nor is it a requirement that the sponsoring organization be United States-owned or incorporated. It is, however, a requirement that there is some equity or ownership link between the transferor organization and the transferee organization in the United States.

If the petitioning employer is a large and well-established organization, they may submit a statement by the company’s president, corporate attorney, corporate secretary, or other authorized official describing the ownership and control of each qualifying organization. This must be accompanied by other evidence such as a copy of the company’s most recent annual report, Security and Exchange Commission filings, or other documentation which lists the parent and its subsidiaries.

If the petitioning employer is a small business, in addition to a statement of an authorized official regarding ownership and control of each qualified organization, other evidence of ownership and control should be submitted, such as records of stock ownership, profit and loss statements or other accountant’s reports, tax returns or articles of incorporation, by-laws and minutes of board meetings.

If the petitioning employer is sending the beneficiary to open a new office in the United States, proof of ownership and control, in addition to financial viability, is required. The petitioner’s statement of ownership and control should be submitted along with appropriate evidence, such as evidence of the capitalization of the company or evidence of financial resources committed by the foreign company, articles of incorporation, by-laws, minutes of board of director’s meetings, corporate bank statements, profit and loss statements or other accountant’s reports, or tax returns.