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L1A and L2 Visas

What are L-1A & L-2 visas?

L-1A visas allow United States employers to transfer an executive or manager or employee with specialized knowledge from an affiliated foreign office to an office in the United States. Foreign companies without a United States office may also use an L-1A visa to send an executive or manager to the United States in order to establish a United States office. The L-2 visa allows certain family members of a L-1A visa holder to come to the United States.

How are the L-1A and the L-2 visas different?

  • L-1A visa
    The L-1A visa is a temporary nonimmigrant visa specifically for United States employers who seek to transfer an executive or manager from an affiliated foreign office to an office in the United States. A foreign company may also use the L-1A visa to send an executive or manager to the United States in order to establish a United States office.
  • L-2 visa
    The L-2 visa is a temporary nonimmigrant visa specifically for the spouses and unmarried children under 21 years of age of a L-1A visa holder who wish to accompany the visa holder in the United States.

How to qualify for the L-1A & the L-2 visa

  • L-1A visa qualifications
    In order to qualify for an L-1A visa, both the employer and the employee must meet certain requirements.

Employer Qualifications

The L-1A visa requires the employer applicant to have a qualifying relationship with a foreign company. Some examples of a qualifying relationship include:
  • Affiliate
  • Parent company
  • Branch
  • Subsidiary
The employer must also currently, or will in the future, be doing business as an employer in the United States in at least one other country. This must be done through a qualifying organization for the duration of the L-1A visa holder’s stay in the United States. The business must be viable, but need not be engaged in international trade.

Doing Business

In order for an employer to qualify as “doing business” in the United States, it must participate in the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. The mere presence of an agent or office of the employer in the United States and abroad is insufficient to qualify as doing business.

New United States Office

Employers that seek to send an executive or managerial employee to the United States to establish a new office must show:
  • The employer has secured sufficient physical premises to house the new office; and
  • The intended United States office will support an executive or managerial position within one year of the approval of the visa petition

Employee Qualifications for the L-1A visa

To qualify as an L-1A visa holder, an employee must:
  • Have been working for a qualifying organization abroad for one continuous year within the three years immediately prior to the employee’s admission to the United States; and
  • Be seeking entrance to the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive Capacity

Executive capacity means that the employee visa holder has the ability to make decisions of wide latitude and with little oversight.

Managerial Capacity

Managerial capacity means that the employee visa holder has the ability to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. Managerial capacity may also apply to employees who manage an essential function of the organization at a high level without directly supervising others.

L-2 visa qualifications

In order to qualify for the L-2 visa, an applicant must be married to, or the child of, a L-1A visa holder. Children of the L-1A visa holder must be under 21 years of age to qualify.

What is the process for obtaining an L-1A & L-2 visa?

The application process for L visas is primarily employer driven.
  • L-1A visa process
    To apply for the L-1A visa, the employer must first:
    • Review the instructions for form I-129 and file form I-129 with the United State Citizenship and Immigration Services (USCIS);
    • Pay any applicable filing fees; and
    • Provide all required evidence and supporting documentation.
    Once the form I-129 is received and processed, the employer will receive:
    • A receipt notice confirming the petition was received;
    • A notice to appear for an interview, if required;
    • A biometric services notice, if applicable; and
    • A notice of decision.
  • L-2 visa process
    Eligible family members who seek to join their L-1A visa holder relative in the U.S. must file form DS-160. This form asks for personal information and to explain the purpose of entry into the United States. It is available and may be filled out online. After submitting the form, you will receive a confirmation code that you will need throughout the rest of the process.

    Interview & Biometrics Requirement

    After submitting the form DS-160, a L-2 visa applicant will receive form I-797 and must then schedule an appointment for interview and a biometrics appointment.

    Biometrics Appointment

    Before attending the interview, L-2 visa applicants must schedule a biometrics appointment at the Visa Application center so that the applicant’s fingerprints, photos, and other information can be collected by United States immigration officials.

    Interview Requirement

    The L-2 visa applicant must schedule and attend an interview at a U.S. embassy or consulate where an official will evaluate the applicant’s application and ask questions pertaining to why the applicant is seeking a L-2 visa, and the relationship between the L-2 applicant and the primary visa holder. If the L-2 applicant applies at the same time as the primary applicant, it may make the process more seamless, and both may be able to attend the interview. At the interview, an applicant must bring:
    • The L-1A visa holder’s form I-797;
    • A copy of the L-1A visa holder’s passport;
    • A copy of the L-1A visa holder’s visa and petition approval notice from USCIS;
    • The applicant’s valid passport;
    • A photograph that conforms to U.S. visa photo requirements;
    • A copy of the DS-160 confirmation page;
    • Receipts showing the applicant paid all fees;
    • The interview confirmation letter;
    • Proof of the applicant’s relationship with the L-1A visa holder:
      • Valid marriage certificates for a spouse;
      • Valid birth certificate for children
    Interview & Biometrics Requirement After submitting the form DS-160, a L-2 visa applicant will receive form I-797 and must then schedule an appointment for interview and a biometrics appointment. Biometrics Appointment Before attending the interview, L-2 visa applicants must schedule a biometrics appointment at the Visa Application center so that the applicant’s fingerprints, photos, and other information can be collected by United States immigration officials. Interview Requirement The L-2 visa applicant must schedule and attend an interview at a U.S. embassy or consulate where an official will evaluate the applicant’s application and ask questions pertaining to why the applicant is seeking a L-2 visa, and the relationship between the L-2 applicant and the primary visa holder. If the L-2 applicant applies at the same time as the primary applicant, it may make the process more seamless, and both may be able to attend the interview. At the interview, an applicant must bring:
    • The L-1A visa holder’s form I-797;
    • A copy of the L-1A visa holder’s passport;
    • A copy of the L-1A visa holder’s visa and petition approval notice from USCIS;
    • The applicant’s valid passport;
    • A photograph that conforms to U.S. visa photo requirements;
    • A copy of the DS-160 confirmation page;
    • Receipts showing the applicant paid all fees;
    • The interview confirmation letter;
    • Proof of the applicant’s relationship with the L-1A visa holder:
      • Valid marriage certificates for a spouse;
      • Valid birth certificate for children

What are Blanket Petitions and how do they work?

In advance of filing L-1 (L-1A & L-1B) petitions for individual employees, an organization may establish the required intracompany relationship so that the employer has flexibility to transfer eligible employees to the United States without having to file an individual petition with the USCIS. Blanket L certification may be established if the employer:
  • Has three or more domestic (U.S.) and foreign branches, subsidiaries, and affiliates;
  • Has an office in the United States that has been doing business for one year or more;
  • The employer and each of its qualifying organizations are engaged in commercial trade or services;
  • The employer and its other qualifying organizations collectively:
    • Have obtained at least 10 L-1 approvals during the previous 12-month period;
    • Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
    • Have a U.S. work force of at least 1,000 employees.

How much does it cost to get an L-1A & L-2 visa?

  • L-1A Cost
    The cost to apply for a L-1A visa is $460. An additional $2,500 may be paid for premium processing, which will expedite the approval process for receiving the L-1A visa.
  • L-2 Cost
    The cost to apply for a L-2 visa is $160. There may be additional charges depending on the applicant’s country of origin.

How long are L-1A & L-2 visas valid?

  • L-1A Period of Stay
    If the L-1A visa holder is only coming to the United States to establish a new office, the initial maximum stay in the United States is one year. If the L-1A visa holder is transferring to work at a United States affiliate office, the initial maximum stay in the United States is three years.Extensions of stay may be granted for any L-1A visa holder for an additional two years and until the employee has reached the maximum limit of seven years.
  • L-2 Period of Stay
    L-2 visa holders generally may stay in the United States for the same length of time as the L-1A visa holder.

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.