Applying for an L-1 Visa for Company Executives, Managers, and Specialists

It is very common to apply for an E-1/E-2 employee visa or an L-1 intracompany transferee visa when a foreign company establishes a subsidiary in the United States and dispatches employees.

However, it may be difficult to obtain approval for an E-1/E-2 employee visa if the U.S. subsidiary is operating at a loss. After establishing a new U.S. subsidiary, it may be possible to apply for an E-2 employee visa, but this carries the risk of visa denial and a negative visa history record, which could affect future use of ESTA.

In contrast, the L-1 visa follows a different application process. First, a petition must be submitted to USCIS. After the petition is approved, the visa applicant may then attend an interview at a U.S. embassy or consulate. If the petition is denied, it is not considered a visa denial, so applicants do not receive a visa denial record, making this option safer in terms of visa history.

There are three main requirements for obtaining approval for an L-1 visa:

First, the U.S. company must have a qualifying relationship with a foreign company, such as a parent company, subsidiary, or affiliate.

Second, the visa applicant must have worked for the foreign company for at least one year within the past three years.

Third, the visa applicant must have executive, managerial, or specialized technical experience.

Applicants who are transferred as executives or managers and who supervise employees will be eligible for an L-1A visa.

Applicants who possess specialized knowledge of the company’s products or services will be eligible for an L-1B visa.

If you need assistance with applying for an L-1 visa, please contact LawAmerica.

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Phone: +1 (714) 253-2842
Email: law@lawamerica.com
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