Applying for an L-1 visa involves several steps, and it’s important to follow the process carefully. The L-1 visa is designed for intracompany transferees, allowing employees of multinational companies to work temporarily in the United States. There are two types of L-1 visas: L-1A for managers and executives and L-1B for employees with specialized knowledge. Here’s a general guide on how to apply for an L-1 visa:
- Determine Eligibility:
- Ensure that you are eligible for the L-1 visa category. This typically involves being an employee of a multinational company with a qualifying relationship between the U.S. and foreign entities.
- Employer’s Petition (Form I-129):
- The employer must file a petition on behalf of the employee using Form I-129, Petition for a Nonimmigrant Worker.
- Include the required supporting documentation, such as proof of the qualifying relationship between the U.S. and foreign entities, and details about the employee’s position, qualifications, and the proposed U.S. employment.
- USCIS Approval:
- Once the Form I-129 is complete, it must be submitted to U.S. Citizenship and Immigration Services (USCIS) for approval.
- USCIS will review the petition and, if approved, issue an approval notice (Form I-797).
- Visa Application:
- With the approved petition, the employee can apply for an L-1 visa at the U.S. consulate or embassy in their home country.
- Complete the DS-160 online nonimmigrant visa application form.
- Payment of Fees:
- Pay the visa application fee, which is non-refundable. The fee amount may vary and should be confirmed with the U.S. embassy or consulate.
- Schedule Visa Interview:
- Schedule an appointment for a visa interview at the U.S. embassy or consulate in your home country.
- Attend Visa Interview:
- Attend the visa interview, bringing all required documentation, including the Form I-797 approval notice, DS-160 confirmation page, passport, passport-sized photos, and any other supporting documents.
- Visa Decision:
- After the interview, the consular officer will make a decision on the visa application. If approved, the visa will be stamped in the passport.
- Travel to the U.S.:
- Once the L-1 visa is granted, the employee can travel to the U.S. to begin their employment.
It’s crucial to consult with the specific U.S. embassy or consulate where the visa application will be processed, as procedures may vary slightly. Additionally, seeking legal advice or assistance from an immigration attorney can be beneficial to ensure that all requirements are met.
How to apply for a L-2 visa?
The L-2 visa is a nonimmigrant visa that allows the dependent spouse and unmarried children under 21 years old of an L-1 visa holder to accompany them to the United States. Here are the general steps to apply for an L-2 visa:
- L-1 Visa Holder’s Petition (Form I-129):
- The primary L-1 visa holder’s employer must file a petition on their behalf using Form I-129, Petition for a Nonimmigrant Worker.
- The petition must be approved by U.S. Citizenship and Immigration Services (USCIS) before the L-2 visa application can be initiated.
- Gather Required Documents:
- Once the L-1 visa holder’s petition is approved, gather the necessary documents for the L-2 visa application. This may include:
- A copy of the approved Form I-129 (L-1 visa holder’s petition).
- Proof of the family relationship with the L-1 visa holder, such as marriage or birth certificates.
- Passport for each family member applying for the L-2 visa.
- Completed DS-160 online nonimmigrant visa application forms for each family member.
- Once the L-1 visa holder’s petition is approved, gather the necessary documents for the L-2 visa application. This may include:
- Payment of Fees:
- Pay the visa application fee for each family member applying for the L-2 visa. The fee amount may vary and should be confirmed with the U.S. embassy or consulate.
- Schedule Visa Interview:
- Schedule a visa interview for each family member at the U.S. embassy or consulate in your home country.
- Attend Visa Interview:
- Attend the visa interview with all required documentation, including the approved Form I-129, DS-160 confirmation pages, passports, passport-sized photos, and proof of family relationship.
- Visa Decision:
- After the interview, the consular officer will make a decision on the L-2 visa applications. If approved, the visa will be stamped in the passports of each family member.
- Travel to the U.S.:
- Once the L-2 visas are granted, the family members can travel to the U.S. to join the L-1 visa holder.
It’s important to note that L-2 visa holders are eligible to study in the U.S. and may also apply for work authorization by filing Form I-765, Application for Employment Authorization, with USCIS after arriving in the U.S.
As visa application procedures may vary slightly between U.S. embassies or consulates, it’s advisable to check the specific requirements of the embassy or consulate where the visa application will be processed. Seeking legal advice or assistance from an immigration attorney can also be beneficial to ensure a smooth application process.
L-1 visa checklist
Creating a checklist for an L-1 visa application is crucial to ensure that you have all the required documents and information prepared. Keep in mind that requirements may vary, so it’s advisable to consult the specific U.S. embassy or consulate where you plan to apply. Here’s a general checklist for an L-1 visa application:
For the Employer (U.S. Company):
- Completed Form I-129, Petition for a Nonimmigrant Worker.
- Letter from the U.S. employer (petitioner) detailing the following:
- The relationship between the U.S. and foreign entities.
- The position and duties of the employee in the U.S.
- The employee’s qualifications and expertise.
- The duration of the assignment in the U.S.
- Supporting documentation demonstrating the qualifying relationship between the U.S. and foreign entities, such as:
- Articles of incorporation.
- Annual reports.
- Financial statements.
For the Employee (L-1 Visa Applicant):
- Passport valid for at least six months beyond the intended period of stay in the U.S.
- Completed DS-160 online nonimmigrant visa application form.
- Passport-sized photos meeting U.S. visa photo requirements.
- Form I-797, Notice of Action (approval notice) for the Form I-129 petition.
- Copy of the Form I-129 petition filed by the employer.
- Employment verification letter from the foreign employer, including:
- Job title.
- Start date of employment.
- Job responsibilities.
- Current salary.
- Educational qualifications and work experience documentation.
- Resume or curriculum vitae.
- If applicable, evidence of any relevant licenses or certifications.
- If applicable, proof of any specialized knowledge or skills.
- If transferring as a manager or executive (L-1A), provide documentation demonstrating managerial or executive duties.
- If transferring with specialized knowledge (L-1B), provide documentation of the specialized knowledge.
- Marriage certificate (if applying for an L-2 visa, dependent spouse).
- Birth certificates (if applying for L-2 visas, dependent children).
For All Applicants:
- Visa application fee payment receipt.
- Appointment confirmation for the visa interview.
- Any additional documents required by the specific U.S. embassy or consulate processing the application.
Ensure that all documents are well-organized and presented in a clear and concise manner. It’s highly recommended to check the latest guidelines and requirements from the U.S. embassy or consulate where the visa application will be processed. Additionally, seeking legal advice or assistance from an immigration attorney can be beneficial to ensure that all necessary documentation is included in the application.
