The L1 visa is simply a gateway for international business expansion. It serves as a strategic advantage for multinational companies aiming to transfer essential personnel to their U.S. operations, allowing them to manage operations, oversee projects, and share specialized knowledge while maintaining the company’s global presence. It is advisable for a business leader who wants to expand into the American market or a professional preparing for an international transfer to have a good understanding of the L1 visa. This blog post will guide you through the key aspects of the L1 Visa Process in Texas, including its eligibility requirements, categories, benefits, and the overall application process.

What is the L1 Visa Process in Texas

The L1 visa is a non-immigrant visa that gives companies the opportunity to transfer employees from a foreign office to a U.S. office. It’s primarily used by multinational businesses to bring executives, managers, or employees with specialized knowledge to the United States. The US company must be a branch office, parent, subsidiary, or affiliate of the foreign company.

The L-1 visa is a popular choice for multinational companies to transfer key personnel to the United States, allowing them to manage operations, oversee projects, and share specialized knowledge while maintaining the company’s global presence.

Types of L1 Visas

There are two types of L1 Visa.

L1A Visa
L1B Visa

L-1A Visa

The L-1A Visa is for executives and managers transferred to the United States. To qualify for an L-1A Visa, the employee must be working as a manager or executive in the overseas company and be transferred to work in a similar capacity in the U.S. branch or affiliate. The L-1A Visa allows for a maximum initial stay of three years, with the possibility of extensions of up to seven years.

L-1B Visa

The L-1B Visa is for employees with specialized knowledge being transferred to the United States. These individuals possess knowledge or expertise that is unique and not readily available in the U.S. labour market. The L-1B Visa allows for a maximum initial stay of three years, with the possibility of extensions of up to five years.

What is the difference between L-1A and L-1B visas?

L-1A visas are designed for managers and executives, while L-1B visas are for employees with specialized knowledge, as determined by the USCIS. L-1A visa holders typically have more senior roles within the company, overseeing departments or running operations. L-1B visa holders possess in-depth knowledge of the company’s unique methodologies, products, or services.

Note that both L-1A and L-1B Visas require the applicant to have been employed by a qualifying foreign company for at least one continuous year within the past three years. The U.S. and foreign companies must also have a qualifying relationship, such as a parent, subsidiary, affiliate, or branch office.

Neither visa is eligible for self-petition. The US company must file the petition on the employees’ behalf. Therefore, the US company is considered the petitioner, and the L1 visa recipient is considered the beneficiary and which allows you to live and work in the United States for extended periods of time and also provides immigration benefits for your spouse and children.

Eligibility Criteria for an L1 Visa Process in Texas

To qualify for an L1 visa, certain conditions must be met:

1. Employer Requirements:

The company must have a qualifying relationship (parent, branch, affiliate, or subsidiary) with a U.S. entity.
The company must be actively doing business in at least one other country besides the U.S. Start-up or newly established companies may need to provide additional evidence to demonstrate their viability.

2. Employee Requirements:

The employee must have worked for the foreign company for at least one continuous year within the past three years.
The employee must be coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity in the U.S. branch or affiliate, and the role must involve specialized knowledge responsibilities that are essential to the company’s operations..
The employee must be coming to the United States to provide services to the company. The purpose of the international transfer should be to benefit the company.

Benefits of the L1 Visa

Ability to Live and Work in the USA: With an L1 visa, you are authorized to live in the United States and to work for your L1 employer.
Extended Period of Stay: The L1A visa for managers and executives is initially valid for a period of 3 years and can be extended for a total of 7 years. The L1B visa for people with specialized knowledge is initially valid for a period of 3 years and can be extended for a total of 5 years.
Dual Intent Visa: L1 visas allow holders to apply for a green card without jeopardizing their visa status. The L1 visa is a dual-intent visa, meaning that you may have the intent to temporarily remain in the United States while simultaneously having the intent to possibly immigrate to the United States and become a lawful permanent resident in the future.
No Set Wage Requirements: The L1 visa does not require that the US company pay you a certain wage. Some visa categories require that you get paid a wage commensurate with your position and job title. The L1 does not have this requirement.
Your US employer will still have to comply with state and federal minimum wage laws.
Immigration Benefits for Your Family and Spouse Work Authorization: By getting approved for an L1 visa, your spouse and unmarried children under 21 years old are eligible to accompany you in the United States. Your spouse and unmarried children would obtain L2 status as your dependents.
Your spouse can obtain employment authorization to work in the United States and your children can attend US schools and get a US education.
L1 Visa is Eligible for Premium Processing: The L1 visa is eligible for premium processing. Premium processing is a service provided by USCIS that expedites the processing of your L1 petition for an additional fee of $2,500.
If you select premium processing, USCIS will issue a response to your L1 petition within 15 days.
No Annual Limit to the Number of L1 Visas Issued: There is no annual limit to the number of L1 visas that can be issued. This is contrary to other visas, such as the H-1B visa, which has an annual quota.

Necessary Documents Required for Application For L1 Visa Process in Texas

Submitting a complete and well-organized application is critical to avoid delays or rejections. Inconsistencies or missing documents can jeopardize your chances. Professional services can assist with document verification to ensure your application is accurate and comprehensive before submission.

For you to apply for an L-1 Visa, you must provide the following important documents to support your application:

Proof of Employment: Documents confirming your employment history with the foreign company, including contracts and pay slips.
Job Offer Letter: A detailed letter from the U.S. employer outlining the offered position, job duties, and compensation.
Valid Passport: A passport valid for at least six months beyond your intended U.S. stay, along with recent passport-sized photographs.
Form I-129: This petition form must be filed by the U.S. employer to initiate the visa process.
Corporate Relationship Proof: Documentation proving the qualifying relationship between the foreign and U.S. entities (e.g., parent, subsidiary, branch).
Supporting Letters: Letters from both the U.S. and foreign companies describing the purpose of the transfer, your job role, and your qualifications.
Educational and Professional Credentials: Degrees, diplomas, certifications, and letters verifying past employment and performance evaluations.
Financial Statement of the Company: Documents showing the financial health of both the U.S. and foreign companies.
Business Plan: If establishing a new U.S. office, a detailed business plan including operational strategy, market analysis, and financial forecasts may be necessary.

Application Process Of L1 Visa

The processing time for an L-1 visa can vary, depending on the USCIS service center where the petition was filed and the complexity of the case. In general, L-1 visas tend to have much faster processing times than other work visa categories. Certain applicants may also be eligible to request “premium processing” of their Form I-129 for an additional fee. If approved, USCIS will typically process your L-1 visa application within 15-45 calendar days.

To apply for an L-1 visa, both the employer who is sponsoring and the employee, who is the L-1 visa applicant, must follow certain process stated below:

The U.S Employer:

Petition Filing: The U.S. employer must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
Supporting Documentation: The employer will provide a detailed description of the job position, evidence of the qualifying relationship between the foreign employer and the U.S. entity, and proof of the beneficiary’s eligibility and qualifications.
-Pay Government Filing Fees: The employer must pay the required filing fees for Form I-129 and any additional fees, such as the anti-fraud fee or premium processing fee, if applicable.

The Employee:

Visa Application: Once the Form I-129 petition is approved, the employee should complete the Form DS-160 (Online Nonimmigrant Visa Application) on the Consular Electronic Application Center (CEAC) website.
Pay Visa Application Fee: After filing Form DS-160, the applicant will need to pay the required visa application fee to the U.S. Embassy or consulate where the visa interview will be scheduled.
Schedule and Attend Visa Interview: The employee can schedule an appointment for a visa interview at the U.S. Embassy or consulate in their home country, along with biometric data. The L-1 visa interview may require specific supporting documents, such as a valid passport, proof of your employment offer, and more.
Entry and Work: After approval, the employee can enter the U.S. and begin working in the specified role.

L1 Visa Process in Texas Duration and Extensions

L-1A visas allow for a maximum stay of up to seven years, while L-1B visas permit a stay of up to five years. Both visa types are initially granted for one to three years, with the possibility of extensions in two-year increments.

L1A: Initial stay of up to 1 year (new office) or 3 years, extendable up to 7 years.
L1B: Initial stay of up to 1 year (new office) or 3 years, extendable up to 5 years.

Transitioning L-1 Visa to Green Card

Many L-1 visa holders consider long-term prospects in the United States, and a common question arises about transitioning to permanent residency. The L-1 visa program offers a unique advantage, as it can serve as a stepping stone towards obtaining a green card.

L-1 visa holders are indeed eligible to pursue permanent residency in the United States through a green card application. This process is particularly appealing as it often bypasses the need for labor certification, streamlining the path to long-term employment in the country.

Process for Transitioning from L-1 to a Green Card

The transition process varies depending on the type of L-1 visa held:

L-1A (Managers and Executives): These visa holders typically qualify for the EB-1C category, a priority classification that does not require labor certification. This pathway often moves more quickly through the immigration system due to its elevated status.
L-1B (Specialized Knowledge Employees): L-1B holders generally apply through the EB-2 or EB-3 categories. While these categories may require labor certification, certain specialized roles may be exempt from this requirement if they meet specific criteria.

Key considerations if you want to transition to a Green Card from an L1 visa

Maintaining valid L-1 status throughout the green card application process is crucial to ensure eligibility.
Dependents of L-1 visa holders (those with L-2 visas) are also eligible to apply for green cards concurrently with the primary applicant.
The transition from L-1 to a green card can be complex, and timelines may vary based on visa availability and processing backlogs.
Employers play a significant role in the process, as they must typically sponsor the green card application.
Applicants may receive requests for additional evidence and should maintain thorough documentation of their qualifications and employment history.

L1 Visa Process in Texas – In Summary

The L1 visa is a powerful option for allowing companies to transfer talents to where its most needed, and it plays a major role in global business strategy and expansion. You may also be able to convert your L1 visa to a green card through the EB1C classification.
However, the application process is highly complex, documentation-heavy and requires precise alignment with immigration laws. Whether you’re an employer or an employee, consulting with an immigration expert can make the process smoother and increase your chances of approval.

Book For A Consultation

The Law Office Of Udo Ezeamama is a Texas, U.S.-based law firm. Since starting our law firm, I’ve helped families, professionals, investors, and entrepreneurs with their immigration needs to get visas, green cards, and citizenship to the United States. We are very passionate and committed to our clients. Reach out to us and let our dedicated immigration attorneys assist you from start to finish and will help you implement the best course of action for your L1 Visa.

Understanding the USA L1 Visa Process in Texas