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The L-1 visa includes a temporary work and residence permit for the United States. This work visa category enables the internal transfer of employees within a group of companies from the current foreign location to a US location.
Visa category: Work visa
Target group: Individual employees of internationally active companies who are to be transferred to a US location
Validity: up to max. 5 years for specialists, 7 years for managers
Length of stay: up to 3 years
Special features: The basic requirement is previous employment of at least one year in the home company
The L-1 visa is company-specific, i.e. the U.S. company officially submits the application for future employees. Proof of the existence of a U.S. location within a group of companies is therefore an indispensable prerequisite. The U.S. company must already have been active in the market for at least one year ("doing business"). U.S. locations that have been operational for less than one year may qualify as L-1 applicants under separate provisions ("L-1 New Office").
With this visa, the foreign person can only work for the U.S. company that submitted the application. The only exception is the so-called "Off-site Employment" which permits the deployment of employees to customers under certain conditions.
Evidence must be provided that a qualifying link exists between the foreign location where the employees are currently employed and the U.S. location (as the "receiving" corporate entity), as L-1 visas relate to intra-company transfers of employees.
Consequently, both companies must be linked by majority ownership. This can be demonstrated as follows:
This list is not exhaustive and other constellations are conceivable.
Employees who are to receive the L-1 visa must also have been employed (continuously) for at least 12 months within the last three years at a location of the group of companies (outside the USA). This must have been a regular employment relationship. Freelancers or consultants do not qualify for this category. The legislator further assumes that the position offered in the USA is also a regular contractual employment relationship ("regular employment").
During the minimum one-year employment phase in the foreign company, employees must have worked as a manager, executive or specialist:in and also hold a position as a manager, executive or specialist:in at the future US location. The US authorities distinguish between the L-1A visa for managers / executives and the L-1B visa for specialists:in. L-1B applications in particular are processed by the responsible US authorities rigorously reviewed.
Employees who receive an L-1 visa can either continue to be paid by the foreign company or by the U.S. location. A local U.S. employment contract or a U.S. assignment contract is not mandatory, but possible. Foreign employment contracts may also continue for the work assignment.
With an L-1 visa, foreign nationals can officially work and live in the United States as part of an intra-company employee transfer.
The maximum length of stay with an L-1 visa varies depending on the type of L-1 visa:
However, the actual length of stay on site is determined individually by the US border officials on each entry and is noted online in the electronic I-94 or can be seen on the entry stamp in the passport.
The residence status can be extended in the USA for further periods within the maximum limits of 7 or 5 years by submitting a status extension application to the US immigration authorities.
Travelers to the USA must leave the United States no later than the date of departure noted on the entry stamp or electronic I-94 in order to avoid the risk of an illegal stay in the USA (overstay).
Each time you travel to the USA, you will receive a new residence status at the border crossing. As long as the L-1 visa is valid, foreign nationals with the visa may request entry at the border.
L-1A Visa for Managers / Executives can be applied for for a maximum of three years in the initial application and extended in 2-year increments up to a maximum of seven years.
L-1B Visa for specialists can be approved for a maximum of three years in the first application procedure, but only one extension application for a further two years to a maximum of five years is possible.
Companies that have demonstrably been operating in the US market for less than one year can apply for an L-1A or L-1B for employees who are to set up the US location. New Office visa, which is only granted for a maximum of one year in the initial application. However, applications for extensions of up to a maximum of five (L-1B) or seven years (L-1A) are subsequently possible.
From a technical point of view, a visa cannot be extended, as every visa, regardless of the category, always involves a new application. A new L-1 visa must therefore be considered as a separate application. However, it is possible to apply for a new L-1 visa in good time before or after the expiry of an old L-1 visa. The L-1 visa can be reapplied for as often as required.
It is important to note that the remaining period of validity of your old visa is not automatically transferred to the new visa. In addition, a previous L-1 visa does not guarantee that you will be granted a new visa. All application documents (application forms, supporting documents, etc.) must be resubmitted to the US consulate or embassy.
It is therefore advisable to prepare the application thoroughly and ensure that all required documents are complete. In this way, potential delays or rejections during the reapplication process can be minimized.
When planning to reapply for your L-1 visa, you should bear in mind that processing times can vary considerably depending on the relevant US consulate or embassy. It is therefore advisable to allow sufficient lead time.
Many US visas require a prior application process with the US Citizenship and Immigration Services (USCIS). This means that, depending on the visa category, a petition must be submitted to the USCIS. This applies in particular to applications for US work visas such as the L-1 visa.
There is a standard fee for companies and a reduced fee for non-profit organizations and small employers. Small employers are US companies with 25 or fewer full-time employees in the USA, regardless of the visa status of the employees.
Payment of the processing fee can be made by online bank transfer, online payment by debit card or cash payment at a bank.
Furthermore, additional costs may be incurred for certain L-1 applicants:
Further information about the different visa fees, other possible costs and the current payment methods can be found on our fees page.
L-1 petitions are filed by mail at the appropriate U.S. Citizenship and Immigration Services (USCIS) service center in the United States. This petition includes extensive documentation
After approval of the L-1 petition, the US company receives a letter of authorization (I-797 Approval Notice) from the USCIS by mail.
In the final step, future employees must go through the consular procedure in which the actual L-1 visa is issued (exceptions are only status extension or change of status procedures within the USA). The application is then usually made as part of a personal interview at the relevant US consulate in the home country.
Companies that meet certain access requirements can obtain a so-called L-Blanket registration for the group of companies and thus L-Blanket Visa in a simplified procedure for their employees.
The time required to apply for an L-1 visa depends heavily on the processing time of the US authorities, the interview date, but also on the cooperation of the companies.
The most time-consuming part of the L-1 visa application process is the review of the I-129 form by the U.S. Citizenship and Immigration Services (USCIS).
If you receive an appointment for an interview at the U.S. Consulate promptly after approval by the USCIS, most of the process is complete. The availability of interview appointments for the L-1 category varies depending on the U.S. consulate or embassy and the season.
It is important to note that in some cases there may be an additional security check (administrative processing), which can take several months and can therefore lead to considerable delays in the visa application process.
You should therefore allow around 4 to 6 months to apply for your L-1 visa.
The application for an L-1 visa is made by the US company acting on behalf of the applicant. The application documents cannot be submitted by the applicant him/herself; the official applicant must be a US company.
The procedure for applying for the L-1 visa is divided into the following steps:
L-1 applications must be filed in the first step by mailing the I-129 form to the appropriate U.S. Citizenship and Immigration Services (USCIS) service center in the United States.
This petition includes extensive documentation on the US company, the foreign company location or group of companies and evidence of the employee's qualifications and exact current and future activities.
After receiving the L-1 application, the USCIS will decide on the petition (=work permit) within a processing time of several months, depending on the capacity of the responsible USCIS Service Center.
All applications submitted to the USCIS using the form I-129 (Petition for a Nonimmigrant Worker), it is possible to shorten the usually long processing times. For an additional fee of 2,805 $, the expedited application can be processed by the Form I-907 (Request for Premium Processing Service) be submitted. The Premium Processing procedure has the advantage that the USCIS guarantees applicants a response within 15 working days. This response usually contains an approval, a request for further documentation (Request For Evidence, RFE) or a rejection.
If the application is approved, the US company will receive a letter of authorization ("Approval Notice I-797") by post. With the Approval Notice, the L-1 visa can now be applied for at the US consulate in your home country.
The online form DS-160 must be completed on the website of the U.S. Department of State. The online application form must contain detailed information about the applicant and the planned stay in the USA. You should have the following documents ready when completing the DS-160 form:
A few days after submitting your DS-160 form, you can check the status of your visa application online.
The professional processing and submission of your DS-160 form is part of our service. We will be happy to help you with the next steps.
Create a visa profile on the Visa Information Service website through which your L-1 visa application can be processed.
Here you can also pay the visa processing fee and make an appointment for the visa interview.
Payment of the application fee: Pay the L-1 visa fee in the amount of 184.50 € (205 $). Payment can be made online or in cash.
Arrangement of the visa interview appointment: Arrange your appointment for the visa interview. This is possible either online via the visa profile or by telephone.
When using our US Visa Service, we create the required online profile, pay the consular visa fee and arrange the appointment for the personal interview with the US consular officials.
For the interview date for your L-1 visa you must apply in person at the US Consulate or at the US Embassywhere your documents will be checked and you will be interviewed by the consular officers.
The following documents must be prepared and brought along for the appointment at the US Consulate or the US Embassy:
Be prepared to answer questions about your visa application, your planned stay in the U.S. and other relevant topics.
As a rule, L-1 visa applicants are informed at the end of their visit to the US consulate or embassy whether or not their visa application will be approved.
Our visa consultants prepare you optimally for this important date and provide you with the necessary documents to make your visa interview as smooth as possible.
If your application for the L-1 visa is approved, you will receive your passport with the L-1 visa returned by post or can arrange a pick-up appointment.
The L-1 visa contains important identifying information about visa holders and sets forth their rights and restrictions while in the United States.
It is crucial that you check this information carefully and ensure that it matches the requirements of your planned stay in the USA.
Here are some of the dates and information that can be found on a US visa:
The US consulates and embassies are responsible for issuing visas. The decision to issue an L-1 visa for the USA is usually made by the US consular officials on the day of the visa interview.
You can check the status of your US visa application check online at any time.
Her L-1 visa was verbally approved by the US officials and is now in the final processing phase.
Once the L-1 visa has been printed or issued in the passport, the passport will be mailed with the corresponding US visa.
In some cases, U.S. consular officers decide to temporarily deny a P visa under Section 221(g) of the Immigration and Nationality Act (INA). This leads to the so-called Administrative Processing. Your visa application will then be subject to a further security check and additional processing steps. Additional documents or information may be required from you.
If US officials conclude that you do not qualify for the L-1 category, your application for an L-1 visa to the US will be denied. A reason for the denial is not required. However, applicants usually receive further instructions on the day of the interview appointment or a denial letter after a processing period.
The reasons for a rejection can vary greatly depending on the visa category and the individual situation of the applicant. For example, reasons such as suspicion of intent to immigrate, suspicion of illegal employment or incomplete application documents could be cited.
After an L-1 visa application has been rejected, it is generally possible to submit a new application at any time. There is theoretically no waiting period until the next submission.
However, it is advisable to reapply for the same category only if the conditions or circumstances have changed since the first application and you are able to provide evidence of these changes.
It makes little sense to apply for a new visa if you still do not meet the requirements of the respective visa category (e.g. proof of intention to return to your home country, financial means, specialized professional knowledge). In practice, a new L-1 visa can therefore often only be successfully applied for after several months or even years.
After a visa refusal, applicants must submit a completely new visa application. In the case of a work visa, alternative visa categories may be considered under certain conditions, but this should be carefully examined on a case-by-case basis. However, no appeal can be lodged against a visa refusal.
Failure to meet the visa requirements: Frequently, applicants do not meet the required criteria for the visa category applied for. This may include not being able to demonstrate sufficient ties to the home country, not having sufficient financial resources, not being able to demonstrate that the US company is legally established and can properly employ and remunerate employees, or having little work experience or being considered "low-skilled".
Discrepancies during the visa interview: Problems can arise if the visa category applied for does not match the purpose of entry, which can lead to accusations of immigration intent or a presumption of illegal employment.
Errors in the visa application / inadequate application documentation: The application documents and supporting documents are often incomplete, information in the DS-160 visa application form is incorrect or the visa application was not prepared correctly.
Other reasons: Personal circumstances of the applicant may also be grounds for denial, such as a criminal record, a terrorist background, contagious diseases, past immigration offenses such as illegal residence or illegal work in the US, and conspicuous behavior during previous entries.
The consequences of a refusal of an L-1 visa are varied and depend on the specific reason for refusal.
ESTA block: A rejection of the L-1 visa may mean that visa-free entry with ESTA is no longer possible. The ESTA application asks whether a visa application has been rejected. If this is the case and the question is answered with "yes", the ESTA application is usually rejected.
Planned stay in the USA not possible: A rejection of the L-1 visa means that the applicant cannot travel to the USA for the planned purpose (e.g. vacation, business meeting, work assignment, study, au pair).
Entry ban: In some cases, the US authorities may impose an entry ban for the USA, particularly if there are serious grounds for refusal.
These consequences underline the importance of careful preparation and fulfillment of all visa requirements in order to avoid a rejection.
Although the US authorities are not obliged to give reasons for the refusal, you can politely ask for the reason for the refusal at the interview appointment at the US consulate or embassy. This information may help you if you wish to reapply for the L-1 visa.
For your second attempt, your L-1 visa application should be carefully and comprehensively prepared. This includes selecting the correct visa category, filling out the DS-160 online form completely and correctly, and collecting relevant supporting documents.
We advise you on the choice of the appropriate visa category and take over the complete processing for you or your company.
Many people assume that an approved L-1 visa automatically allows entry into the USA. In fact, however, an L-1 visa in the passport is not a guaranteed residence permit for the United States. Even with a valid L-1 visa, there is no automatic guarantee of entry. The visa only allows you to apply for entry into the USA at the border crossing (e.g. airport).
The final decision on entry lies with the border officials of U.S. Customs and Border Protection, who check foreign nationals entering the country. These officials decide whether you may enter the country and, if so, for how long you will receive a residence permit. It is possible that entry may be refused.
After a successful entry we recommended to check online via the I-94 website how long you are legally allowed to stay in the USA, since there are no more stamps in the passport that show your allowed length of stay.
By the way: With Global Entry, certain biometrically registered and security-checked travelers can complete entry formalities independently and automatically at almost all major US airports. This allows foreign nationals to avoid long waiting times and enter the USA more quickly.
The L-1 and E-2 visas offer different opportunities for foreign nationals to pursue business activities in the United States. Each visa has specific requirements and conditions that must be met in order to do business in the United States.
The basic features and requirements of these two visa categories are explained in more detail below.
The L-1 visa allows a foreign company to send employees to work for an affiliated US company.
To qualify for an L-1 visa, the following requirements must be met:
Essentially, the L-1 visa is about ensuring that the employee's duties are truly managerial or specialized.
The E-2 visa is aimed at investors, entrepreneurs and individuals who wish to establish a company in the USA or invest in an existing company.
The following requirements apply to E-2 visas:
A general rule of thumb in my company is that at least USD 100,000 should be invested and risked in the company. The higher the investment, the greater the chance that it will be considered substantial.
Accompanying spouses and unmarried children under the age of 21 may be eligible for a derivative L-2 visa upon application for the same period as the principal applicant. If the children reach the US age of majority (21), they must change their nonimmigrant status or leave the country.
Spouses can apply for their own general work permit (Employment Authorization Document, EAD) or L-2 status at the border and are not tied to a specific US company.
Spouses and children may attend private and public educational institutions with the L-2 visa.
A US work visa is always tied to a specific US company. In turn this means that you must have a specific employer in the United States before you can apply for a work visa.
The application process begins with the US company that wants to hire you. The US employer submits the petition either to the USCIS or to the responsible U.S. consulate. Since the application for a temporary work permit is made by the company for a future foreign employee, the U.S. employer is therefore the so-called petitioner, which means the official applicant. The future employee is the entitled person and thus the so-called beneficiary.
Many companies wonder what happens to the company-bound work visa when the visa holder no longer works for the US employer.
In the event that the employment contract is terminated, the US work visa automatically loses its validity. The derived visas of any family members who may have travelled with the employee also lose their validity upon termination of the work relations, as these are linked to the visa of the main visa applicant.
This means that the former visa holder is no longer allowed to enter the country with the work visa after termination of the employment relationship. Even if the work visa is theoretically still valid for a certain period of time, the visa may no longer be used to enter the United States. If the visa holder concerned wishes to travel to the US for tourism or business purposes in the future, he / she must reapply for an ESTA or a corresponding visa, depending on the type of activities carried out on site and the duration of such activities.
Tip: In order to avoid discrepancies or problems with later entries, it is advisable to inform the U.S. consulate about the new work situation. For this purpose, it is sufficient if the responsible company representative (e.g. HR manager, supervisor, board of directors) sends an e-mail to the responsible consulate with the request to invalidate the visa of the former employee. If possible, a copy of the visa should also be attached. The consulate will then put a note in the system so that the CBP officers at the US border are also informed.
In some cases, the visa holder will even be contacted directly by the U.S. consulate in order to send its passport with the work visa for the purpose of invalidation. In other cases, the visa will simply be invalidated by the CBP officer at the boder the next time he or she enters the United States.
Our recommendation: By sending a short message to the responsible U.S. consulate, companies can protect themselves and above all be sure that entry with the previously valid work visa is no longer possible. Do not take any risks and prevent possible abuse with company-bound visas.
Global Entry is usable with most US visas, even with ESTA. Except if you are a holder of one of the following visas, then you are excluded from Global Entry:
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As a rule, work visas for the United States cannot be applied for without a concrete US job offer. The official petitioner ("Petitioner") is the US company of the group of companies for the future employee ("Beneficiary"). An independent petition by the foreign employee is not possible. The L-1 visa application process involves at least two entities of the corporate group - the foreign employer, as well as the US location.
The legislation distinguishes between L-1A visa petitions for managers/executives and L-1B visa petitions for specialists.
The category is based on the employee's future job at the US location (not current job).
The boundaries between the individual categories may well be fluid. It must be decided on a case-by-case basis under which category the L-1 transfer should take place. L-1B applications are generally subject to a stricter review.
The maximum stay under L-1A status is up to 7 years, L-1B visa holders can stay in the US up to a maximum of 5 years.
The category also allows the transfer of personnel to a "newly opened" US location (not yet operating in the US market for 1 year). In this case, the US authorities require additional information beyond the usual L requirements. For example, proof of the purchase or lease of office space, the special skills of the applicant in the start-up process, the economic situation of the parent company, and suitable business plans for the US venture. In particular, future U.S. personnel policies are of interest to U.S. officials.
L-1 "New Office" applications are approved for a maximum of 1 year in the initial application, but may then be extended up to a maximum of five (L-1B) or seven (L-1A) years.
For internationally active companies with a high rate of assignments to the USA, the complex L-Visa application process represents a not inconsiderable time and cost factor.
However, US regulations provide for the possibility of a significant simplification of the entire process for large corporations - the so-called L-Blanket Petition.
If a regular L-Visa application must always be submitted in advance via the U.S. Immigration and Customs Enforcement Service (USCIS), this step is omitted in the L-Blanket process. This means that the L-Blanket application can be submitted by the employee directly at an interview appointment at the domestic US consulate.
This has two decisive advantages:
On the one hand, the high application fees of the USCIS, as well as translation costs and the time-consuming compilation of company documents are eliminated. On the other hand, the simplification procedure allows employees to be deployed at shorter notice.
However, the L-Blanket is only available to companies that can meet the following requirements:
In addition, the U.S. company must meet at least one of the following requirements:
To the extent that the Group can meet these items, an approval process for use on L-Blanket will occur with the U.S. Citizenship and Immigration Services (USCIS).
Based on an L-Blanket registration of the group of companies (issued by the USCIS), all locations worldwide listed in the Blanket can use the simplified application process for employees.
It is not uncommon for employee assignments to have to be realized at quite short notice. Since the application for a work visa can unfortunately take several weeks, a temporary solution must often be realized.
Many companies therefore choose to inform the employee about the B-1 visa category to be sent in advance to the US location. It is important to emphasize that the B-1 category is no work permit for the USA. It only legitimizes the employee to, for example, coordination discussions, meetings or negotiations at the US location.
To the extent that the employee is already in the United States under a valid visa, then a change of status (without leaving the US) to the L-1 category can theoretically be made.
It is not possible, however, to calculate on the basis of thevisa free entryto apply for a work permit. In addition, not all changes within different categories are accepted.
The application for change of status, if at all possible or appropriate, is filed simultaneously with the L-1 petition at the US Immigration Service Center.
IMPORTANT: In case of a change of status, it is urgent to ensure that a valid L-1 visa is available for exit and re-entry in any case (see consular procedures). Background: The USCIS only issues the approval on the L-1 status, but not the US visa (in the passport). These entries are made exclusively by the U.S. consulates abroad.
So the change of status is NOT the same as visa. If you leave the United States and re-enter without a valid visa, you will be denied entry.
In contrast to other non-immigrant visas, the application is in principle also possible in countries bordering the USA, such as Mexico or Canada, at the US consulates there.
Otherwise, the application is usually made at the domestic U.S. consulate.
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