Send Message Ask To Expert
Y Sindhura

Y Sindhura

Sr. Immigration Consultant

With 8 years of experience in the overseas division, Sindhura is a specialist in Canada, Australia, UK and Germany visa process.

Top 3 Factors That Determines USA L1 Visa Outcome (in 2019)

Y Sindhura

Sr. Immigration Consultant

With 8 years of experience in the overseas division, Sindhura is a specialist in Canada, Australia, UK and Germany visa process.

The United States has always been an excellent place for many companies (including start-ups) and skilled workers.

With the demand of skilled workers by USA based organization increases, the employers have to think beyond H1B visa for a short time employment.

How to Get L1 Visa (USA) Easily?

What is L1 Visa?

If foreign national wishes to get transferred to the United States for a particular managerial capacity or specialized field of employment basis, then they need to get an L1 Visa.

One can switch from one branch office to the other of the same company and employer after getting the visa approved. However, to apply for the visa, you need to meet the visa requirements.

With this visa, you are permitted to take your spouse and dependent child along with you based on L2 visa. People having an L1 visa are commonly termed as the “intracompany transferee.”

To successfully obtain a visa of US(L1), you need to understand the three important factors that will decide the visa outcome.

  1. Intent: The L1 visa is a non-immigrant visa that is granted to specialized or managerial staff.
    During the application process, the visa officer will consider your skills, the duration of your employment, and the nature of the job to assess the honesty of the purpose of your visit.
  2. Your present and earlier employment or roles should give enough idea to the visa officer about the importance of your presence in the company (US-based branch/subsidiary/affiliate).

    If your tasks are generic or non-managerial levels, it is unlikely that you will be granted a visa.

  3. Application Form: The widespread impression of the temporary visas is that the visa officer will make the decision based on in-person interviews alone.
  4. However, to a large extent, the information you fill and submit in your DS160 form plays an essential role in the visa outcome.

    The details that you mention about your education, work experience, tasks you perform etc. in the application form give a visa officer enough information to make an appropriate decision.

    Tips:

    1. Use an excel sheet to outline the details before you fill the DS-160 application form.
      You may need to spend time to draft your roles in your organization, the dates of your employment, the previous organization address, the address of your University etc.
    2. Your present or earlier roles should be in-line with the responsibilities you are expected to take in the US in future.

Check Your Eligibility - USA L1 Visa

Does your work experience fall into the Managerial or Specialized Skill category?*

Do you intend to stay in the USA as an immigrant?*

Were you convicted for any criminal activities in the last 5years?*

When are you planning to apply for an L1 visa?*

  1. Readiness during the interview: It is likely that the visa officer may ask about your company and its nature of the business, your tenure in the present company and designation, your roles in the current company, the salary that will be paid in US dollars, etc.
  2. If you are working at a managerial-level designation, the visa officer may ask about the organization hierarchy chart, the number of people who report to you, your reporting person, your present salary in Indian rupees, etc.

    Mostly these questions are about the details which you have already filled in the DS 160 form. They will reconfirm those details during your in-person interview.

    You may be asked to provide the necessary documents, including a hierarchy chart, IT returns to check your present salary.

    You should be ready with the documents (including hierarchy charts for managerial level profiles), details of exact duration of tenure in the present company, the number people you report to you, directly and indirectly, the full name of directors or CEO or your reporting managers.

Tips:

  1. You should make an effort to give the precise answers (instead of generic) about you roles, the number of staff who reports to you, etc.
  2. It is natural to get nervous during an interview. It will help if you can remember the titles or keywords (especially of your roles and the nature of business of your company), so that you can frame your answers around it in bullet points.

Apply Now

Other Popular Questions:

What are the eligibility conditions for L1-A visa?

The US employers and the foreign employees have to meet the below requirements to qualify for the L1-A visa.

For Employees:

  • The employee need to have work experience in the organization (abroad) for at least one continuous year within the 3 years (before entering into the US).
  • The employee coming into the country should work for a managerial or executive of the same organization’s another branch in the US.

For the Employers:

  • Should possess a relationship with the branch or the foreign affiliate company.
  • Must be doing business currently or will be doing business as an employer for a company in the US.
  • Need to show sufficient physical place for establishing a new office in the US.
  • Should be capable of proving before filing the application that you have worked for one continuous year as a managerial or executive within the 3 years.
  • Need to demonstrate that the office in the US will be supporting the manager or executive within the one year of the approval of the petition.

What is the validity of the L1-A visa?

The employees who have obtained an L1-A visa can stay in the US for an extent of 7 years.

However, the L1-A visa holders who have migrated to establish a new organization are allowed for an initial stay of one year.

And, the others are allowed for a maximum of 3 years to stay at the initial point.

Until the maximum 7-year limit is reached, the L1-A visas extended in the increments of up to 2 years at a time.

What are the benefits with the L1-A visa?

With the L1-A visa, the intracompany transferees get a range of benefits such as:

  • You are allowed to live, work, and travel anywhere in the US legally.
  • You can accompany your dependents with the visa to the US.
  • The L1-A visa allows you to apply for the Permanent Residency.
  • The visa grants permission for a foreign company to launch a branch in the US.

Is L1 visa similar to H1B Visa?

Most of the companies in the United States recruit foreign nationals as temporary workers. These temporary work visas are issued mainly with H1B, L1, L1A and L1B visas. Among these, H1B and L1 visas have some similar functionality.

Both have the visa purpose and are used for receiving a temporary visa. However, there is even a difference that, L1 visa allows the visa holder to apply for a green card with no complications caused for the current visa.

Ask Our Experts

What are the two types of L1 Visas?

The L1 visa is of two types:

L1-A Visa: The visa is for managers and executives. They are the people who might be transferring to either a US office or entering the US on the purpose of setting up an office. The visa grants a maximum stay of up to 7 years.

L1-B Visa: The visa refers to specialized employers or knowledge worker having experience in specialist skills. The visa grants a maximum stay of up to 5 years.

Anyhow, if you have already worked in the US on H visa, then the time allowed to stay can be deducted.

However, to qualify for the L1-A and L1-B visa, you must be having work experience from a corporation for one continuous twelve-month period in your previous 36 months.

How to apply for L1-A visa?

If you are setting up to apply for the L1-A visa, then, you need to follow the below-mentioned steps:

  1. Need to complete and submit the Form I-129 with the required filing fees.
  2. Get the receipt number of the Form I-129 and make it printed upon the approved petition of the Form I-129.
  3. Should complete the Form DS-160 online.
  4. Need to arrange an appointment for a visa interview.
  5. Go for the interview as scheduled with required L1 Visa documents.
  6. After receiving a visa, the passport will be provided via a courier service.

What are the eligibility requirements for L1-B visa?

For the L1-B Visa, both the employer and employees have to meet the eligibility requirements, which are mentioned below:

For Employers:

The qualifying employers need to meet the below L1-B visa requirements for the employers.

  • Need to have an acceptable relationship with a foreign affiliate or company or branch.
  • The employer is currently holding a business or maybe holding business in the US.

If the employee is transferred in a purpose to set up a new business in the US, then the employer must possess the below needs:

  • Need to have premises of property to set up a business.
  • Must have financial ability to pay for the employee.

For Employee:

  • He/she needs to have work experience from a qualifying organization board for a minimum of one continuous year within 3 years (before entering the US).
  • Planning to enter the US to serve with specialized knowledge.

What is the Period of Stay of L1-B Visa?

At an initial stage, the L1-B visa holders are approved for 3 years to stay and work in the US, and 1 year for setting up a new office petition.

The visa can be renewed once for a 2-year extension. It can be extended until the visa holder reaches a 5-year limit.

What are the benefits with L1-B Visa?

  • You can live, work, and legally travel within the country.
  • The dependents (family members) can be accompanied by you on the visa.
  • With the L1-B visa, you can apply for a permanent residence visa.
  • It provides an opportunity for a foreign company to establish a new branch in the US.

Consult Our Immigration Experts

What is the step-by-step process for L1-B Visa?

The step-by-step process for L1-B visa includes:

  1. The employer needs to complete and submit the Form I-129 and L supplement.
  2. Need to get receipt number from the Form I-129, and get printed on approved Form I-129 Petition.
  3. Should complete the Form DS-160 online.
  4. Arrange an appointment for a visa interview.
  5. Bring all your L1 Visa requirements and attend the visa interview.
  6. Once you get the application approved, you will receive an L1B visa. You get the visa via courier service.

How to change of status L1-B visa to L1-A visa?

With the L1-B visa, you can leave in the US for an extent to 5 years. However, you even exceed your stay by changing your status from L1-B visa to L1-A visa.

This change will help you stay for a maximum of 7 years. You need to get the approval for the L1-A visa before you complete 4.5 years on the L1-B visa.

What are the required documents for the L1 Visa Application?

The essential documents which are needed during the L1 visa application process include:

  1. Should submit the Visa application Form DS-160 with complete details.
  2. Need to provide the copy of Form DS-160 and L-Supplement.
  3. The employee copy of Notice of Action, Form I-797 which was filed by the employer.
  1. Documents from the US company:
    • Lease of the Office Location.
    • Stock Certificates.
    • Bank statements.
    • Accounting reports.
    • Form 1120 – Employer’s Income Tax Return (if applicable).
    • Form, 941 – Employer’s Quarterly Report (if applicable).
    • Explanation on the Company’s Business.
    • Invoices, Bills of Lading, commercial contracts, letters of credit, etc.
    • Company letterheads.
    • Bank Statements.
  1. Documents from foreign company:
    • Article of Incorporation.
    • Past 3 years Income tax filings.
    • Business license.
    • Organization chart, position held by the transferee, total number of employees.
    • Brochure of the company or product description.
    • Documents related to business transactions.
    • Transactional records.
    • Letterheads with company logo, name and address.
  1. Documents from the Transferee:
    • Diploma.
    • Payment Statements.
    • Resume.
    • Income tax reports.
    • Company charts which depicts your role in the organization.
    • Reference letters from colleagues, supervisors and others.
    • Your roles and responsibilities in a managerial or executive role.
    • Verification letters from the foreign company.
    • Appointment or Board resolution documents to verify your transfer.
    • Other documents which show your capability to conduct business in the executive position.
    • If having any specialized knowledge, then you need to provide registrations by you for your company.

What are the required documents for the L1 Visa Stamping Process?

After obtaining your L1 approval petition, you have to provide a list of documents to process your L1 visa stamping. The documents include:

  • Confirmation page of L1 Visa application form stamped by the Visa Application Center (VAC).
  • Fee receipt of US Visa Application.
  • The US Visa Interview Appointment letter.
  • Passport with a minimum validity of 6 months from the visa interview date.
  • Need to provide all old passports.
  • Your latest updated resume.
  • L1 petition copies which were submitted to the Immigration Services USCIS.
  • Letters relating request for L1 Visa from the employer to the consulate.
  • Legal papers issued by the employer.
  • Passport size photos.

Ask An Expert

What is the L1 visa extension process?

For extending or renewing the L1 visa status, your US employer must be able to file the Form I-129. This has to be done before date on the Form I-94 expires.

Later, you visit a Consulate or a US Embassy to extend or renew the visa. However, to make this complete, you may have to provide a few documents as suggested below:

  • Prior L1 status.
  • Form I-129 (need to be completed by the US employer).
  • Form I-94.
  • Pay Stubs.
  • Support letter signed by an employer explaining to the USCIS about the employment conditions and the reason behind your extension or renewal.
  • Confirmation form W-2.

For the visa holders who have their spouses and children accompanied on L2 visa, the employer must complete the Form I-539, i.e., the Application to Extend or Change Non-immigrant Status.

This should be further submitted to the USCIS with the L1 applicants Form I-129.

As an L1 visa holder, can you work part-time?

No, you are not permitted to work part-time for any other employer with the L1 visa. You need to be in full-time employment for only one employer.

What are the chances of changing from an L1 to an H1B visa?

There are chances for an L1 visa holder to change the status to an H1B visa. However, for this, you need to obtain an H1B visa sponsoring job with a US company.

With the L1 visa, you cannot directly apply for an H1B visa. You need to have a qualifying US company which is capable of applying for the H1B visa on your behalf.

Is it easier to get a green card on an L1 visa?

Yes, it is easier to get Green card if you are with L1-A visa, but there even a few requirements which have to be met. You, as an L1-A holder, can change your status to the green card without losing the L1 status.

L1 A is always a great way of acquiring this status; also, it is one of the simplest to get the Green card status.

Also, there are even many advantages if you process for a green card with an L1-A visa. The time consumption for the process is lesser, and you not required to go for a Permanent Labor Certification Program (PERM).

Whereas if you hold the L1-B visa, you need to, go through a PERM Labor Certification Program. And, this is a lengthy process which takes up years to complete.

However, when you are on the L1-A visa, the documents you need to proceed to include:

  • You were employed at least a year in your last 3 years to a company which is outside the US.
  • You need to have specialized skills or have worked under a US employer for the managerial position or executive position.
  • Your foreign and US employer need to have a similar qualifying relationship.
  • Both the employers in the US and foreign have to inactive contact throughout the application process.
  • The US employer is holding the business for a year or more.
  • Should not hold any criminal records.

What is the processing time for converting L1-A visa to Green card?

If comparing the process of converting the L1-B visa into Green-card and L1-A visa to Green-card; the L1-A visa is the fastest and shortest way. L1-B visa takes up years to complete the process.

If you are processing through the L1-A visa, the processing time can be lesser than a year.

The L1-A visa is a great pathway for you and your family members if seeking to live in the United States as a permanent resident.

What are the benefits of the Green card?

The Green-card holders of the US are officially termed as the Lawful Permanent Residents. They have many privileges much similar to that of US citizens.

  • Eligible to sponsor relatives to apply for green-card.
  • You will have fewer amounts to pay for the tuitions, colleges, or schools.
  • You need not reapply again and again to maintain your status stable. You need to renew the status, once every 10 years.
  • You are eligible to contribute to US election campaigns.
  • Traveling to and fro from the United States is easier with the Green card.
  • If you have worked for 10 years before your retirement, then you are entitled to the Social Security benefits.

There are even more advantages with the permanent residency card. However, to begin your journey towards the Green card, you need to first make your step ahead for US Immigration with the L1 visa.

There are several procedures to be followed by the requirement of plenty of documents.

The process is not much simpler to follow along. Thus, to make your immigration process simpler and hassle-free, you can consult an immigration lawyer or a visa consultant for legal advice.

We are the immigration consultants of Kansas Overseas Careers, providing efficient immigration services, and are actively ready to assist anytime.

For any information related to L1 visa, L1-A visa, L1-B visa, etc., you can speak to our experts.

How Can I Apply