L1 Visa presentation

French nationals are accustomed to obtaining an ESTA for their stays in the United States. Not all stays are covered, however, and it is sometimes necessary to opt for a visa issued by the American embassy. In this article, we focus on the L1 visa, also known as the L1 transfer visa.

What is the L1 transfer visa?

As its name suggests, the L1 transfer visa allows eligible companies to transfer managers, executives and highly qualified personnel from a foreign company to a subsidiary or branch in the USA.

The application for an L1 visa, which is a non-immigrant visa, must be made by the US company itself. If the applicant is abroad, the application is processed by the US embassy ( consular services) in the country of origin. If the applicant is already in the USA, an application for a change of status must be sent to immigration services.

Managers and executives are covered by the L1a visa, while employees with specialized knowledge are covered by the L1b visa. The visa is valid for three years (one year for newly established companies). It can be renewed for up to 7 years for executives and managers, and for up to 5 years for highly skilled employees. It is of course possible for a L1b visa holder to obtain an L1a visa in the event of promotion.

The spouse and minor children (under 21) of a L1 transfer visa holder can obtain an L2 visa authorizing them to work and study on American soil.

Last but not least, the L1 transfer visa enables you to apply for a simplified green card for professional reasons; thegreen card is the permanent resident card.

L1 visa eligibility requirements

The L1 visa imposes conditions on both the U.S.-based company and the employee applying for the visa.

Conditions to be met by the U.S. company

The L1 visa is requested by the company itself. It is subject to certain criteria. The US-based company must have a “qualifying” relationship with the foreign company, i.e. be the parent company, one of its agencies, branches, subsidiaries or affiliates.

The U.S. company must also do business as an employer in both the U.S. and the foreign company. The legal form of the company is not important in itself, as is the activity carried out.

Note that the L1 visa can also be applied for by start-up companies, i.e. the establishment of a new subsidiary or branch in the USA. In this case, the L1 visa can be granted for a renewable 12-month period, provided that the company produces proof of the arrangements made for the establishment of new offices on US territory.

Conditions to be met by the transferred employee

To be eligible, L1 visa applicants must hold a managerial, executive or specialized position in the United States. The candidate must have held this same position, within the foreign company, for at least 12 months over the last three years. It is important to specify that to obtain the L1 visa, the applicant must exactly match the positions as defined by the American immigration services .

Because of the simplified access to the green card, the American authorities study L1 visa applications with great care, and all conditions must be scrupulously met or the application will be refused. In the event of refusal, it may be possible to apply for an H1B visa.