As an L-1 visa holder, you have time-limited permission to stay in the US.
If you want to remain in the US beyond your visa validity period, you must apply to renew your L1 visa before your current visa expires.
With your employment dependent on your visa status and your dependents now likely to be settled in the US on an L-2 visa, there is a lot at stake in getting your renewal application right.
Timely renewal of the L1 visa is crucial. It prevents any disruption to your US employment and residency and mitigates the risk of legal complications that can arise from overstaying a visa.
However, the renewal process requires careful attention to detail and thorough preparation to ensure compliance with all US immigration laws and regulations.
NNU Immigration is an expert in L-1 visa renewals. With exceptional knowledge and insight into US visa applications, we provide specialist guidance on the extension application process and support with compiling the extension petition and the required documentation.
This guide to the L1 visa renewal process is a comprehensive resource covering everything you need to know about renewing your visa, from the eligibility criteria and required documentation to expert tips to facilitate your renewal.
Whether you’re approaching your visa expiration or planning a renewal, this guide will equip you with all the knowledge and tools you’ll need for a smooth and successful L1 visa renewal experience.
Section A: Understanding L1 Visa Renewals
1. What is the L1 Visa?
The L1 visa is a non-immigrant visa instrument designed for intra-company transferees who are either managers executives, or possess specialized knowledge. This visa category facilitates the transfer of such key employees from an international company’s office to its US counterpart or to establish a new office in the United States.
The L1 visa is pivotal for companies looking to leverage global talent by ensuring that their key personnel can live and work in the US to contribute to the company’s success.
You can read our ‘Ultimate L1 Guide to US Intracompany Transfers’ here >>
2. What is an L1 Visa Renewal?
The L1 nonimmigrant visa classification enables existing employees of international organizations from affiliated foreign offices to transfer to locations in the United States temporarily.
As a nonimmigrant visa, L1 visas have a time-limited maximum stay in the USA, although L1 visa holders can apply to extend their initial grant of leave through the L1 visa renewal process.
If you choose not to renew your visa, you will be required to leave the US before your visa expiry date. You would then have to wait 12 months before you could qualify again to apply for an L-1 visa.
3. How long can you renew the L visa for?
Each extension grants an additional two years in the US. This means that to stay in the US on a valid L visa, you will need to apply to renew every two years until you have been in the US for seven years if you are an L-1A visa employee or five years if you are an L-1B visa employee.
You may eventually consider a more permanent status, as the Green Card may be an option if you are eligible and meet the requirements.
4. Differences in extending L-1As and L-1Bs
The L-1A and L-1B visa extension process is the same, but the timings differ. The L-1A visa can generally be extended in increments of 2 years for up to 7 years. For L-1B workers, this limit is up to 5 years.
5. Transferring Status as an Alternative to Renewal
In certain cases, you can file for a Change of Status from L-1B to L-1A visa status. Your petition must be approved at least six months before you reach the five-year point in L-1 status.
An L-1 visa holder may also be able to change status to the H-1B visa; however, this is exceptionally challenging in light of the limitation on the number of H-1B petitions approved each year.
It is also important to note that any time spent in L-1 status counts against the time you would be authorized to work in H-1B status.
Therefore, an L-1 visa holder would never be eligible for H-1B status for six years. Any time spent working in L-1 status would curtail the maximum duration in H-1B status.
6. Does the L visa lead to a US Green Card?
If you have an L-1 visa as either a manager or an executive, you may become eligible to apply for a Green Card through employment.
If you qualify for L-1 status as a manager or executive, you are classed as a ‘priority worker’ and, as such, exempt from the standard Labor Certification requirements, in which a company must first test the labor market in an attempt to hire a US worker.
Please read our detailed guide to the L1 Visa to Green Card path.
7. Indefinite L-1 Visa Extensions
You may be permitted extensions of L-1 status beyond the seven or 5-year limits if you work in the US on a seasonal or intermittent basis or spend less than 6 months in the US per year. This requires specialist guidance, which our US immigration attorneys can advise you on.
‘Recapturing’ time spent outside the US requires clear records and documentation, such as airline records, wage records, and company verification.
Please read our detailed guide to L1 Visa Extensions here >>
8. L2 Visa Extensions for L1 Dependents
If you have dependents in the US on L-2 visas, their visas are likely to expire on the same date as your primary L-1 visa. As such, they, too, will be required to apply to extend their status before the visa expiry date.
They will be required to complete Form I-539 (for spouses and unmarried children under 21) which must be submitted along with the L1 applicant’s Form I-129.
Please read our in-depth guide to the L2 visa here >>
Section B: Eligibility Criteria for L1 Visa Renewal
Applying for an L1 visa renewal requires applicants to demonstrate that they continue to satisfy the visa requirements.
However, the US Government may change these criteria. NNU Immigration supports L1 visa renewal applicants with personalized application guidance to ensure compliance with the latest visa policies and procedures.
1. Eligibility Criteria for L1 Visa Renewal
When making the L1 visa renewal application, you will need to show:
a. Continuous Employment
The sponsoring company must have employed you for at least one continuous year within the three years preceding the application. You must demonstrate ongoing employment in a managerial, executive, or specialized knowledge capacity for renewal.
b. Valid L1 Status
You must be in valid L1 visa status at the time of renewal. This means your L1 visa has not expired, and you have not violated its conditions.
c. Company Eligibility
To qualify for L1 classification, the US employer must continue to have a qualifying relationship with the foreign company, either a parent company, branch, subsidiary or affiliate.
The US company must also remain actively engaged in business in the United States and at least one other country directly or through a qualifying organization for the duration of the applicant’s extended stay as an L1 visa holder.
d. Job Position
The L1 role in the US must continue to be managerial, executive, or require specialized knowledge. Applicants must provide detailed documentation supporting their role and qualifications.
e. Physical Presence
You do not have to leave the United States to be able to request an extension of L1 stay, provided you have not exceeded the maximum permitted time in L1 classification in the USA, including any time spent as a temporary H nonimmigrant worker.
If you have reached your 5-year or 7-year limit, you must be outside the US for at least one year before reapplying for an L-1 Visa.
Section B: The L1 Visa Renewal Process
The L1 Visa renewal process involves several steps, each crucial for a successful application.
1. Step by Step Renewal Process
The process to renew an L1 visa is the same, regardless of whether an applicant is applying to extend their stay as an L1 A executive or manager or as an L1B specialized knowledge employee.
Step 1: Check Eligibility for Renewal
Ensure you meet the criteria for L1 Visa renewal, focusing on your employment status, company’s qualification, and visa category.
Step 2: Gather Required Documents
Refer to the checklist of necessary documents for L1 Visa renewal. Start collecting these documents early, ensuring they are current and accurately reflect your and your employer’s eligibility.
Step 3: Complete the Application Form
Your employer must complete Form I-129, Petition for a Nonimmigrant Worker, and the L Supplement. Ensure all information is accurate and corresponds with the supporting documents.
You’ll need to complete the correct Form I-129 that corresponds to whether you are submitting an individual L visa or applying under a Blanket L approval.
Unless the organization you work for has the benefit of an approved blanket L petition in place, the employer will need to file a fresh petition on their behalf with USCIS using Form I-129 (Petition for a Nonimmigrant Worker).
Step 4: Pay the Application Fee
Submit the required fees for the L1 Visa renewal, including the base filing fee, the Fraud Prevention and Detection Fee, and the Public Law 114-113 Fee if applicable. If opting for premium processing, include that fee as well.
Step 5: Submit the Application Package
Organize your application package with a cover letter listing all included documents. Ensure everything is complete and neatly arranged.
Your employer submits the application package to the appropriate USCIS service centre. If you’re outside the US, follow the specific consulate’s instructions for visa renewal.
Step 6: USCIS Processing
You will receive a Receipt Notice confirming that USCIS has received your application. Keep this for your records.
If USCIS requires more information, they may issue an RFE. Respond promptly with the requested information.
If you receive an RFE, read our guidance here.
Step 7: Schedule and Prepare for the Interview
If required, you’ll be notified to schedule an interview at a US Embassy or Consulate. However, not all renewals require an interview, especially if you qualify for an interview waiver.
Review your application and supporting documents. Be prepared to discuss your role in the company, your qualifications, and the company’s operations.
Step 8: Attend the Interview
You must bring all necessary documents to the interview, including your passport, photographs, confirmation of visa appointment, and any other documents requested by the consulate.
Be honest and concise in your answers. The questions will likely focus on your employment, the company’s business, and your plans.
Step 9: Visa Approval and Passport Collection
If your renewal is approved, you will be informed on how and when your passport with the new visa will be returned to you.
2. L1 Visa Renewal Processing times
The processing times for L1 Visa renewals can vary depending on several factors, including the workload of the USCIS service centre handling the application and whether premium processing is utilized.
Processing times are also subject to change, so it’s advisable to check the official USCIS website or consult one of our immigration attorneys for the most current information.
3. L1 Visa Renewal Fees
The fee for filing Form I-129 is $1385 for petitions filed on or after April 1, 2024. A reduced fee of $695 is available for non-profit organizations and small businesses with 25 or fewer full-time US employees in the preceding year.
This is the base fee for the visa petition, required for all L1 Visa renewals.
For those who wish to expedite the processing of their L1 Visa renewal, USCIS offers premium processing for an additional fee of $2,805. This service guarantees processing within 15 calendar days.
4. Processing Times
The standard processing time for L1 Visa renewals can vary significantly, ranging from a few weeks to several months. The average processing time is typically between 1 and 6 months, but it can fluctuate based on the workload of the USCIS service centre.
If the employer opts to pay for premium processing, the application should be processed within 15 calendar days.
It’s important to note that this expedited service only speeds up the application’s processing time. It does not affect the time it takes to schedule an interview or the time the consulate needs to issue the visa.
Some applications may be subject to additional security checks or administrative processing, which can extend the processing time beyond the standard or premium processing times.
For applicants required to undergo consular processing, additional time may be needed for the consular office to schedule an interview and process the visa. This time can vary widely depending on the specific US embassy or consulate.
Because processing times and fees can change and individual circumstances can affect both, applicants are encouraged to obtain the most current information directly from USCIS or through their immigration attorney. This ensures you have the latest information and can plan accordingly for your L1 Visa renewal.
Section C: Required Documents for L1 Visa Renewal
Extending your visa requires specific documentation to be compiled and submitted to USCIS to prove that you continue to be eligible under the visa criteria.
NNU Immigration can advise on the documents to be compiled and submitted based on your circumstances.
1. Checklist of Necessary Documents for L1 Visa Renewal
a. Completed Form I-129, Petition for a Nonimmigrant Worker
Only Form I-129 must be filed with USCIS to renew the L1 visa, with no need to additionally file Form I-539 (Application to Extend/Change Nonimmigrant Status).
The employer must file this form on behalf of the employee seeking renewal before the expiry of the existing visa.
b. L Supplement to Form I-129
This supplementary information is needed to provide additional details specific to the L1 visa category, including a description of the visa-holder’s job duties and qualifications and evidence showing that employment continues to be in an executive, managerial, or specialized knowledge capacity.
For visa-holders who have been setting up an affiliated US office in the United States during their initial grant of permission in L1 classification, the intended US office must usually be able to support an executive or managerial position within one year of the approval of the employer’s first petition for that individual. This means that, on renewal, the employer must be able to show that the visa-holder has successfully established a new office and that a position as an executive or manager within that office is available for them.
For specialized knowledge employees who have come to the US to establish a new office, the employer will already have been required in its initial petition to demonstrate that it had the financial ability to compensate the employee and commence doing business in the United States. In the context of a renewal application, the employer must continue showing that the business is sufficiently profitable to continue remunerating the L1 visa holder.
c. Company Cover Letter
The employer must provide a detailed letter outlining the nature of the business, the need for the L1 position, and the employee’s qualifications.
d. Proof of Continuous Employment
This could include payslips, W-2 forms, or other payroll records showing the L1 visa holder has been continuously employed in their qualifying position.
e. Original L1 Visa Documentation
You will need to include copies of the initial L1 visa approval and any previous renewal documentation in the application bundle. These include a copy of the beneficiary’s Form I-94 (Nonimmigrant Arrival/Departure Record).
f. Proof of Qualifying Relationship
Documents demonstrating the relationship between US and foreign entities, such as articles of incorporation, financial statements, and annual reports, must be submitted.
g. Job Description and Qualifications
Compile detailed descriptions of the managerial, executive, or specialized knowledge position, including qualifications and duties.
h. Financial Documents of the US Company
Recent financial statements or tax returns should be submitted to prove the company is actively doing business and can support the L1 employee.
i. Updated Resume or CV of the L1 Visa Holder
This should show the visa holder’s employment history, qualifications, and educational background.
j. Copy of Passport
A valid passport with a validity period of at least six months beyond the intended period of stay in the US will be required.
k. Recent Photographs
Passport-style photos will need to be submitted. They must meet the US visa requirements.
l. Application Fee Receipts
Proof of payment for the L1 visa renewal application fee and, if applicable, the premium processing fee is also needed.
2. Tips on How to Prepare and Organize Documents
Proper preparation and organization of your documents can significantly affect the outcome of your L1 Visa renewal process. It demonstrates professionalism and ensures that USCIS officials can access and review your information, potentially speeding up the approval process.
a. Start Early
Begin gathering documents well before the visa expiration date to avoid last-minute rushes and ensure you have time to procure any documents that may take longer.
b. Use a Checklist
Keep a detailed checklist and mark off documents as you collect them to ensure nothing is missed.
c. Organize Documents Logically
Group documents by category (e.g., employment proof, company documents, personal documents) and use tabs or separators for easy navigation.
d. Make Copies
Always submit copies to USCIS and keep the original documents for your records. It’s also wise to have extra copies on hand in case they are requested during renewal.
e. Review for Accuracy
Double-check all forms and supporting documents for completeness and accuracy. Ensure that all information is consistent across documents.
f. Consult with an Attorney
If possible, have an immigration attorney review your documents to ensure they meet current requirements and are presented in the best possible way.
g. Use a Cover Letter
A well-organized cover letter that indexes and summarizes the included documents can help streamline the review process for USCIS officers.
Section D: L1 Dependent Visa Renewals
As with a dependant’s initial visa, the validity dates for any extension of stay in the USA will mirror those of the primary L1 visa holder.
For an L1 nonimmigrant and any spouse or dependent children applying for an extension of their existing L2 status, USCIS will adjudicate their application(s) together with the principal’s Form I-129, provided their Form I-539 is filed correctly at the same time and in the exact location.
This means that a USCIS officer will review the L2 derivative’s Form I-539 after reviewing the principal’s Form I-129 and take appropriate adjudicative action afterwards.
If a dependent’s application for an L2 visa renewal is not properly submitted together with Form I-129, they will be adjudicated separately.
Section E: Tips for L1 Visa Renewal Applicants
The L1 Visa renewal process can be complex, and minor errors can lead to delays or denials. It is crucial to be aware of common pitfalls and understand how to avoid them.
1. Common Mistakes to Avoid with L1 Visa Renewals
a. Incomplete or Incorrect Forms
Filling out USCIS forms inaccurately or failing to complete all required sections can lead to processing delays or denials.
Before submission, double-check all forms for accuracy and completeness. Consider consulting with an immigration attorney to review your application.
b. Insufficient Documentation
Failing to provide all necessary documentation or documents not supporting the visa requirements can be problematic.
Follow the checklist of required documents closely. Provide clear, concise documentation that directly supports your eligibility and the criteria for the L1 visa category.
c. Not Demonstrating Nonimmigrant Intent
Although L1 visa holders are not required to maintain a foreign residence, they must prove nonimmigrant intent, showing they will eventually return home.
Please include documentation or a statement clearly indicating your intent to return to your home country after your employment ends.
d. Failure to Show Specialized Knowledge or Managerial Role:
Not adequately demonstrating that the role in the US requires specialized knowledge or is managerial/executive.
Provide detailed job descriptions, contracts, and letters from employers that specify the nature of the employment and why the role is essential for the company.
e. Not Updating Information
If there have been significant changes to the petitioner’s company or the applicant’s job role, failing to update this information can lead to issues.
Include the most current information about the company and the employee’s role, mainly if any changes have occurred since the last petition.
f. Overlooking Processing Times and Expiration Dates
Waiting too long to start the renewal process can result in a gap in legal status if the current visa expires before the renewal is processed.
Begin the renewal process, ideally six months before your L1 visa expires, to account for processing times and potential delays.
g. Improper Payment of Fees
Incorrect fee amounts or payment methods can delay processing.
Verify the current required fees on the USCIS website and ensure payments are made correctly as instructed.
h. Not Preparing for the Interview
Being unprepared for the visa interview or not bringing the required documentation can result in visa denial.
Review your application and practice responses to potential interview questions. Bring all necessary documents, including copies of your application and supporting materials, to the interview.
2. Expert Tips for a Successful L1 Visa Renewal
Navigating the L1 Visa renewal process requires attention to detail and thorough preparation. The following steps will help you to prepare and enhance your chances of a smooth and successful visa renewal.
a. Continuous Employment Proof
To simplify the renewal process, regularly save payslips, tax returns, and other employment documents throughout your stay in the US.
b. Stay Informed
Immigration laws and procedures change frequently. To stay updated on any changes to the L1 visa process or requirements, regularly check the USCIS website.
c. Organize Documents
A well-organized application package that follows the recommended structure and includes a table of contents can make it easier for USCIS officers to review your application.
Also, keep a copy of your entire application package and all correspondence with USCIS for your records.
d. Prepare for the Interview
Interview requirements can change even if you’ve gone through the process before. Review potential questions and ensure you have all required documents well in advance.
e. Monitor Your Status
If you opted for premium processing, you could expect a faster response. Otherwise, monitor your case status online through the USCIS case status tool and ensure you promptly respond to any further requests for information to avoid further delays.
f. Take Professional Guidance
NNU Immigration is an L1 visa renewal specialist. Our US immigration attorneys specialize in managing extension applications, working closely with the employer and employee throughout.
Section F: L1 Visa Renewal Case Studies
The journey to renewing your L1 Visa requires careful planning, attention to detail, and a proactive approach to effectively navigating the complexities of immigration procedures.
From our experience as US immigration attorneys, we understand that each L1 visa renewal is unique. We require a personalized approach to ensure compelling and comprehensive evidence is submitted to support your application and provide sufficient proof to the adjudicator that you satisfy the visa requirements.
The following anonymized cases showcase strategies we have adopted to secure L1 visa renewals and support intracompany transferees and their employers through the process.
Case Study 1: The Proactive Project Manager
Scenario
A project manager at a multinational tech firm needed to renew their L1A Visa. Aware of the complex nature of visa renewals, they started the preparation process six months in advance.
Best Practices
From the outset, we worked with the client, advising on the documents to compile and verifying against the latest requirements well before the visa expiration date.
The documentation included comprehensive details about their managerial role, the projects overseen, and the direct reports under their supervision.
An early start meant sufficient time to thoroughly review the application to ensure accuracy and completeness.
Lesson Learned
Starting early and consulting our US legal experts can alleviate much of the stress associated with visa renewals, ensuring a smoother process and timely approval.
Case Study 2: The Specialized Knowledge Employee
Scenario
An IT specialist with unique expertise in cybersecurity software sought an L1B Visa renewal. Their role was crucial for the company’s operations in the US, but they faced challenges in proving the specialized nature of their knowledge.
Best Practices
Our experience managing L1B visa applications allowed us to provide detailed insight and guidance to the client regarding establishing a qualification as a specialized knowledge worker.
The client was able to compile letters of commendation, patents, publications, and detailed descriptions of projects showcasing the specialized nature of their work.
The employer also provided a detailed letter explaining how the employee’s role was pivotal to the business and could not be quickly filled by a US worker.
Finally, we supported interview preparation and consideration of potential questions, focusing on explaining their specialized knowledge and its importance to the employer.
Lesson Learned
For L1B renewals, it’s crucial to demonstrate the specialized nature of the employee’s knowledge and its direct impact on the employer’s business operations. This must be well-evidenced and supported by the employee’s visa interview.
Case Study 3: The Overlooked Details
Scenario
An executive’s L1A renewal was delayed due to insufficient documentation regarding the company’s organizational structure and executive role.
Best Practices
We were engaged later in the application process following a Request for Evidence (RFE), which asked for additional details about the managerial role.
We reviewed the initial submission and advised how to respond by specifying how to use the information.
Then, an updated organization chart, detailed job description, and evidence of their decision-making authority within the company were filed.
Lesson Learned
Comprehensive documentation and proactive communication with USCIS are vital, but overlooking minor details can lead to significant delays.
The key to a successful renewal is not just meeting the formal requirements but also demonstrating the role’s ongoing value and significance within the organization.
We help clients avoid unwanted delays and requests for further information by ensuring the initial application is sufficiently comprehensive to establish L1 qualification.
Section G: Summary
Navigating the L1 Visa renewal process can be daunting, yet with the proper guidance and preparation, it can be managed efficiently with a successful decision.
Starting your renewal application well in advance cannot be overstated. Early preparation gives you ample time to gather necessary documentation, consult your legal experts, and address any issues that may arise. It also reduces stress and increases your chances of a favourable outcome.
Critical pointers for L1 visa renewal applicants include:
a. Eligibility and Timing: To accommodate any unforeseen delays, confirm your eligibility for renewal early and initiate the process at least six months before your current visa expires.
b. Required Documentation: Gather all necessary documentation, including proof of employment, company information, and any updates to your role or qualifications since your last visa issuance.
c. Filing and Fees: Ensure that your employer correctly completes and files Form I-129 along with the required fees, including the base filing fee, fraud prevention fee, and, if applicable, the Public Law 114-113 fee for premium processing.
d. Interview Preparation: Prepare for the possibility of an interview, familiarize yourself with your application details, and practice concise, truthful responses to potential questions.
e. Common Mistakes: Avoid common pitfalls such as incomplete forms, insufficient documentation, and late application submission. Paying close attention to detail and organization can significantly impact the outcome of your renewal process.
f. Expert Tips: Consider the insights and strategies shared through generalized case studies, reflecting on best practices for a smooth renewal process and lessons learned from others’ experiences.
With careful planning and proactive preparation, you can successfully navigate the L1 Visa renewal process and continue contributing to your company’s success in the United States.
Section H: Contact Us for Expert L1 Assistance
Should you have any doubts or require further assistance, NNU Immigration provides personalized guidance tailored to your specific situation.
Our team of experienced immigration attorneys specializes in US visa and immigration services, including the nuanced process of L1 Visa renewals.
Whether you are unsure about the eligibility criteria or the documentation or simply want peace of mind as you navigate this pivotal process, NNU Immigration can offer the expertise and support you need.
The proper guidance can make all the difference in ensuring a smooth and successful renewal of your L1 Visa. Contact NNU Immigration today.
Section I: FAQ Section for L1 Visa Renewal
Can I renew my L1 Visa from within the United States?
You can apply for L1 Visa renewal from within the United States. Your employer must file Form I-129 on your behalf before your current L1 status expires.
How early should I start the renewal process for my L1 Visa?
It is advisable to begin the renewal process at least six months before your visa expires. This timeframe allows for any unforeseen delays and ensures you remain legal.
Is there a limit to how many times I can renew my L1 Visa?
L1A visa holders can renew their visas in increments of up to two years, with a total limit of seven years. L1B visa holders can also renew up to a five-year limit.
Do I need to go through a new interview process for L1 Visa renewal?
You may be required to attend an interview as part of the renewal process, primarily if your initial visa was issued significantly ago or if there have been changes in your employment or personal circumstances. However, some renewals may qualify for an interview waiver.
What happens if my L1 Visa expires while my renewal is still being processed?
If you’ve filed for renewal before your current visa expires and your case is still pending, you may stay in the US for up to 240 days while waiting for a decision or until the first denial notice, whichever comes first.
Can I switch employers while on an L1 Visa?
The L1 Visa is tied to your employer, and switching employers would typically require you to apply for a different type of visa based on your new employment.
What should I do if my L1 Visa renewal is denied?
If your renewal is denied, you should consult an immigration attorney to understand the reasons and explore your options, including filing a new petition or exploring alternative visa categories.
Can my family stay in the US while my L1 Visa renewal is processed?
Yes, if your family members are in the US under L2 status, their stay is legally tied to the status of your L1 Visa. If you apply for renewal, their L2 status can also be extended.
Can I travel outside the US while my L1 Visa renewal is pending?
Travelling outside the US while your renewal application is pending can be risky and may impact your application. It’s best to consult with an immigration attorney before making travel plans.
Section J: Glossary for L1 Visa Renewal
L1 Visa: A non-immigrant visa category that allows companies to transfer executives, managers, or employees with specialized knowledge from an affiliated foreign office to one in the United States.
USCIS (US Citizenship and Immigration Services): The federal agency overseeing lawful immigration to the United States, including processing visa applications.
Form I-129: The petition required an employer to file on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training.
Premium Processing: An optional service USCIS provides that expedites the processing certain employment-based visa petitions and applications, including L1, for a fee.
RFE (Request for Evidence): A request issued by USCIS for additional documents or information to decide on an application.
Consular Processing: The procedure of applying for a visa at a US embassy or consulate in the applicant’s country of residence.
Visa Interview: An interview conducted by a consular officer at a US embassy or consulate to determine the applicant’s eligibility for a visa.
Nonimmigrant Intent: Demonstrating that the visa applicant plans to leave the United States after their temporary stay.
Public Law 114-113 Fee: A fee required for certain L1 petitions filed by companies with a high percentage of L1 and H1-B employees.
Fraud Prevention and Detection Fee: Certain new L1 petitions require a fee to fund the prevention and detection of fraudulent cases.
Visa Expiry Date: The visa holder must exit the United States unless they have filed for an extension or change of status.
Visa Validity Period: When a visa can be used to enter the United States.
I-94 Arrival/Departure Record: This document is issued by US Customs and Border Protection (CBP) and tracks the arrival and departure dates of visitors to the United States.
Specialized Knowledge: Knowledge possessed by an L1B visa holder that is unique to the employer’s business and crucial for the business’s services, equipment, techniques, management, or other interests.
Managerial Capacity: A requirement for L1A visa holders that involves supervising and controlling the work of other supervisory, professional, or managerial employees, or managing an essential function within the organization.
Section K: Helpful Links and References
US Citizenship and Immigration Services (USCIS) – L1A Visa General Information
This page offers a comprehensive overview of the L1A Visa category, including eligibility criteria, application procedures, and links to necessary forms.
US Citizenship and Immigration Services (USCIS) – L1B Visa General Information
This page offers a comprehensive overview of the L1B Visa category, including eligibility criteria, application procedures, and links to necessary forms.
Form I-129, Petition for a Nonimmigrant Worker
The form is required for the L1 Visa application process, and instructions are required to fill it out.
US Department of State – Visa Appointment and Processing Wait Times
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
For those needing to schedule an interview or consulate appointment, this resource provides current wait times by location.
US Department of State – Visa Fees
Please find the latest information on visa application fees, including how and where to pay them.
US Embassy & Consulates
This is a directory of US Embassies and Consulates worldwide, useful for finding where to submit your visa application or conduct an interview.
American Immigration Lawyers Association (AILA)
While AILA does not provide direct services to the public, it’s a valuable resource for finding immigration lawyers and staying updated on immigration news. NNU Immigration is proud to be an active member of AILA.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
