L1 Visa Eligibility Criteria
The L1 Visa is designed for intracompany transferees, allowing multinational companies to transfer certain employees from foreign offices to work in the United States. Both the employee (visa applicant) and the employer (sponsor) must meet specific eligibility requirements. Here are the general eligibility criteria for the L1 Visa:
For the Employee (L-1 Applicant):
Employment with a Qualifying Organization:
The employee must be currently employed by a qualifying multinational organization with a relationship to the U.S. employer. The organization must be a parent company, subsidiary, affiliate, or branch office of the U.S. entity.
Position Qualification:
For L-1A (Managers/Executives), the employee must be coming to the U.S. to work in a managerial or executive capacity. This typically involves overseeing a significant portion of the organization’s operations or managing a critical function.
For L-1B (Specialized Knowledge), the employee must possess specialized knowledge of the organization’s products, services, technology, or procedures. Specialized knowledge means advanced knowledge that is not commonly possessed by other employees in the industry.
One Year of Employment:
The employee must have worked for the foreign company continuously for at least one year within the three years immediately preceding the L-1 visa application. This period of employment must have occurred outside the U.S.
For the Employer (Sponsor):
Qualifying Relationship:
The U.S. employer must have a “qualifying relationship” with the foreign entity employing the visa holder. This includes parent, subsidiary, affiliate, or branch office relationships. The organizations should demonstrate a significant level of control or ownership by the same parent or entity.
Conducting Business in the U.S.:
The U.S. employer must be actively doing business in the U.S. and must have a physical office or facility where the employee will work. In the case of a new office, the U.S. entity must demonstrate a plan to support the employee’s position.
Employment Offer:
The U.S. employer must extend a valid employment offer to the employee and be willing to file an L-1 petition with U.S. Citizenship and Immigration Services (USCIS) on the employee’s behalf.
Additional Points:
L-1 Visa Holders and their Immediate Family Members:
Spouses and young unmarried children under 21 years old are eligible to accompany the L-1 visa holder into the United States on L-2 dependent visas.
Definition of Immediate Family Members:
The USCIS has a strict definition of what constitutes an L-1 beneficiary’s immediate family members. Only legal spouses and unmarried children below 21 years old of the principal L1 visa holder are eligible for the L-2 visa. Parents, siblings, grandparents, and other relatives do not qualify for L-2 status.
L-2 Visa Holders:
L-2 visa holders are also allowed to travel in and out of the U.S. as long as their L-2 status remains valid.
