L-1 visa
Encyclopedia
An L-1 visa is a visa document
used to enter the United States
for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a short amount of time, generally three years. L-1 visas are available to employees of an international company with offices in both the United States and abroad. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company.
Spouses of L-1 visa holders are allowed to work without restriction in the US (using an L-2 visa
), and the L-1 visa may legally be used as a stepping stone to a green card under the doctrine of dual intent
.
In 2010, the U.S. Citizenship and Immigration Services (USCIS) approved 74,719 L-1 visas, out of 91,086 application (a refusal rate of 18%).
There are two types of L-1 procedures:
For a regular L-1 visa, the company must file a petition with the USCIS and each petition is evaluated on its own merits.
In the case of a blanket L-1 visa petition, it has already been determined by USCIS that the company qualifies for the issuance of Intracompany Transferee visa, so the individual visa applicant need only file a copy of the approved blanket petition, along with documents supporting their personal qualifications, with the U.S. consulate or embassy having jurisdiction over their place of residence proving the applicant's qualifications
Notice of approval of the Form I-129 is given by the USCIS on a Notice of Action, Form I-797, and using this as the basis of the application, the alien may apply for visa issuance at a consulate or embassy of the United States in the country having jurisdiction over their residence.
Applicants who are in the United States at the time of the filing of the I-129 can request a change of status from their present nonimmigrant status (i.e. visitor, student, etc.), so long as they are in status at the time of the filing of the I-129. If they go out of status after the filing, but before approval, there is no negative consequence, and the person does not accrue unlawful presence.
Upon application at the consulate or embassy, the spouse and children of the primary applicant who are under the age of 21 may be issued L-2 visa
s. Children of the primary L-1 can attend school. The spouse of the primary L-1 has an automatic right to work in the United States. Children cannot accept paid employment. The spouse can, but need not, apply with the USCIS for employment authorization after arriving in the United States and, after issuance of the Employment Authorization Document (EAD, Form I-765), may thereafter work for any employer. The spouse may apply directly to Social Security
for issuance of a Social Security Number
and work for any employer upon issuance. The documents required for the L-2 Social Security number application are the same as the L-1 holder, but with the addition of either the EAD or an original marriage certificate.
An I-797 Notice of Action showing the approval of the visa petition does not guarantee that a visa will be issued at the U.S. consulate or embassy, but L-1 visas are normally approved if the consular officer concludes that the individual is qualified and that both the U.S. company and the foreign parent, subsidiary, affiliate or branch are legitimate.
Basis for visa denial: A consular officer may deny the issuance of an L-1 visa in cases where the officer determines the U.S. company that filed the L-1 petition may not be qualified, or that the parent, subsidiary, affiliate or branch outside the United States is not qualified or does not intend to continue in business after L-1 visa issuance, or that USCIS approved the petition based on a fraud committed by the company or the visa applicant, or that the applicant is ineligible for that class of visa under section 212(a) of the Immigration and Naturalization Act. In addition, the consular officer may request that the underlying petition be reconsidered by USCIS.
For an L-1 visa applicant, "dual Intent" is allowed: unlike some classes of non-immigrant visas (e.g., J-1 visa
s), L-1 applicants may not be denied a visa on the basis that they are an intending immigrant to the United States, or that they do not have a residence abroad which they do not intend to abandon.
If the person is a Canadian citizen applying for admission as an L-1 under the North American Free Trade Agreement, the petition may be filed at the port of entry when the person applies for admission.
firms that either have headquarters in India or were primarily based in India due to the larger employment base located in India.
(source: list published by the US Senators Richard Durbin and Chuck Grassley
on June 26, 2007)
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
used to enter the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a short amount of time, generally three years. L-1 visas are available to employees of an international company with offices in both the United States and abroad. The visa allows such foreign workers to relocate to the corporation's US office after having worked abroad for the company for at least one year prior to being granted L-1 status. The US office must be a parent company, child company, or sister company to the foreign company.
Spouses of L-1 visa holders are allowed to work without restriction in the US (using an L-2 visa
L-2 visa
An L-2 visa is a visa document used to enter the United States by the dependent spouse and minor unmarried children of qualified L-1 visa holders...
), and the L-1 visa may legally be used as a stepping stone to a green card under the doctrine of dual intent
Dual intent
Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders, particularly H-1B professionals, to enter the U.S...
.
In 2010, the U.S. Citizenship and Immigration Services (USCIS) approved 74,719 L-1 visas, out of 91,086 application (a refusal rate of 18%).
Types of L-1 Visas
The L-1 visa has two subcategories: L-1A for executives and managers, and L-1B for workers with specialized knowledge. L-1A status is valid for up to 7 years, L-1B for 5. After the expiration of the 7 or 5 years respectively, the person(foreigner) must leave the United States for an aggregate of 365 days, and must work for a parent, subsidiary, affiliate or branch of the U.S. company during that time before becoming eligible to reapply for an L-1 visa.There are two types of L-1 procedures:
- Regular L-1 visas, which must be applied for and approved for each individual by the USCIS; and
- Blanket L-1 visas which are available to employers who meet certain criteria.
For a regular L-1 visa, the company must file a petition with the USCIS and each petition is evaluated on its own merits.
In the case of a blanket L-1 visa petition, it has already been determined by USCIS that the company qualifies for the issuance of Intracompany Transferee visa, so the individual visa applicant need only file a copy of the approved blanket petition, along with documents supporting their personal qualifications, with the U.S. consulate or embassy having jurisdiction over their place of residence proving the applicant's qualifications
Application process
Application to an L-1 visa begins with the filing of a petition with the U.S. Citizenship & Immigration Services (USCIS) on Form I-129, along with supporting documentation showing that both the U.S. company and the foreign parent, subsidiary, affiliate or branch meet the qualifying factors set forth in the law and regulations.Notice of approval of the Form I-129 is given by the USCIS on a Notice of Action, Form I-797, and using this as the basis of the application, the alien may apply for visa issuance at a consulate or embassy of the United States in the country having jurisdiction over their residence.
Applicants who are in the United States at the time of the filing of the I-129 can request a change of status from their present nonimmigrant status (i.e. visitor, student, etc.), so long as they are in status at the time of the filing of the I-129. If they go out of status after the filing, but before approval, there is no negative consequence, and the person does not accrue unlawful presence.
Upon application at the consulate or embassy, the spouse and children of the primary applicant who are under the age of 21 may be issued L-2 visa
L-2 visa
An L-2 visa is a visa document used to enter the United States by the dependent spouse and minor unmarried children of qualified L-1 visa holders...
s. Children of the primary L-1 can attend school. The spouse of the primary L-1 has an automatic right to work in the United States. Children cannot accept paid employment. The spouse can, but need not, apply with the USCIS for employment authorization after arriving in the United States and, after issuance of the Employment Authorization Document (EAD, Form I-765), may thereafter work for any employer. The spouse may apply directly to Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...
for issuance of a Social Security Number
Social Security number
In the United States, a Social Security number is a nine-digit number issued to U.S. citizens, permanent residents, and temporary residents under section 205 of the Social Security Act, codified as . The number is issued to an individual by the Social Security Administration, an independent...
and work for any employer upon issuance. The documents required for the L-2 Social Security number application are the same as the L-1 holder, but with the addition of either the EAD or an original marriage certificate.
An I-797 Notice of Action showing the approval of the visa petition does not guarantee that a visa will be issued at the U.S. consulate or embassy, but L-1 visas are normally approved if the consular officer concludes that the individual is qualified and that both the U.S. company and the foreign parent, subsidiary, affiliate or branch are legitimate.
Basis for visa denial: A consular officer may deny the issuance of an L-1 visa in cases where the officer determines the U.S. company that filed the L-1 petition may not be qualified, or that the parent, subsidiary, affiliate or branch outside the United States is not qualified or does not intend to continue in business after L-1 visa issuance, or that USCIS approved the petition based on a fraud committed by the company or the visa applicant, or that the applicant is ineligible for that class of visa under section 212(a) of the Immigration and Naturalization Act. In addition, the consular officer may request that the underlying petition be reconsidered by USCIS.
For an L-1 visa applicant, "dual Intent" is allowed: unlike some classes of non-immigrant visas (e.g., J-1 visa
J-1 visa
A J-1 visa is a non-immigrant visa issued by the United States to exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S...
s), L-1 applicants may not be denied a visa on the basis that they are an intending immigrant to the United States, or that they do not have a residence abroad which they do not intend to abandon.
If the person is a Canadian citizen applying for admission as an L-1 under the North American Free Trade Agreement, the petition may be filed at the port of entry when the person applies for admission.
Renewals
L-1 status may be renewed and extended within the United States. Except in the case of blanket petitions, a new I-129 petition must be filed. Renewal in the United States applies to status only, not the actual visa in the passport. For visa renewal, the applicant must go to a U.S. consulate or embassy outside the United States. An alien cannot leave the United States and then reenter without a valid L-1 visa, and must appear personally before a consular officer for visa issuance.Top 20 L-1 Visa Users
In 2006, 7 of the top 10 users of the L-1 visa were IT outsourcingOutsourcing
Outsourcing is the process of contracting a business function to someone else.-Overview:The term outsourcing is used inconsistently but usually involves the contracting out of a business function - commonly one previously performed in-house - to an external provider...
firms that either have headquarters in India or were primarily based in India due to the larger employment base located in India.
| Rank | Company | Headquarters | Primary Employment Base | L-1 Visa Received |
| 1 | Tata Consultancy Services Tata Consultancy Services Tata Consultancy Services Limited is a global IT services, business solutions and outsourcing company headquartered in Mumbai, India. It is the largest provider of information technology in Asia and second largest provider of business process outsourcing services in India... |
Mumbai, India | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
4887 |
| 2 | Cognizant Technology Solutions Cognizant Technology Solutions Cognizant Technology Solutions Corp. is an American global provider of custom information technology, consulting and business process outsourcing services. Its headquartered in Teaneck, New Jersey, United States and is a member of NASDAQ-100, the S&P 500 and Fortune 500... |
New Jersey New Jersey New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware... |
India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
3520 |
| 3 | IBM IBM International Business Machines Corporation or IBM is an American multinational technology and consulting corporation headquartered in Armonk, New York, United States. IBM manufactures and sells computer hardware and software, and it offers infrastructure, hosting and consulting services in areas... |
Armonk, New York Armonk, New York Armonk is a hamlet and census-designated place located in the town of North Castle in Westchester County, New York. As of the 2010 census, the CDP population was 4,330.... |
USA | 1237 |
| 4 | Mahindra Satyam | Hyderabad, India | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
950 |
| 5 | Wipro Wipro Wipro Limited formally Western India Products Limited is a global IT services and consulting company headquartered in Bangalore, India. As of 2011, Wipro is the second largest IT services company by turnover in India and employs more than 120,000 people worldwide as of March 2011... |
Bangalore, India | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
839 |
| 6 | Hindustan Computers Hindustan Computers HCL is a global technology and IT Enterprise company based in Noida, India. The company comprises two publicly listed companies, HCL Technologies and HCL Infosystems.... |
Noida, India | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
511 |
| 7 | Deloitte & Touche LLP | New York, New York | USA | 513 |
| 8 | Patni Computer Systems Patni Computer Systems iGATE Patni , is a provider of Information Technology services and business solutions. The company employs over 15,000 people, and has 23 international offices across the Americas, Europe, and the Asia-Pacific region, as well as offshore development centres in eight cities in India... |
Mumbai, India | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
440 |
| 9 | Intel Corporation Intel Corporation Intel Corporation is an American multinational semiconductor chip maker corporation headquartered in Santa Clara, California, United States and the world's largest semiconductor chip maker, based on revenue. It is the inventor of the x86 series of microprocessors, the processors found in most... |
Santa Clara, California Santa Clara, California Santa Clara , founded in 1777 and incorporated in 1852, is a city in Santa Clara County, in the U.S. state of California. The city is the site of the eighth of 21 California missions, Mission Santa Clara de Asís, and was named after the mission. The Mission and Mission Gardens are located on the... |
USA | 392 |
| 10 | Kanbay Kanbay Kanbay International, Inc. was a Chicago-based global information technology services firm with about 6900 associates worldwide. Founded in 1989, the organization offered management consulting, technology integration, application development, and outsourcing strategies for industries including... (currently Capgemini) |
Chicago Chicago Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles... , Pune Pune Pune , is the eighth largest metropolis in India, the second largest in the state of Maharashtra after Mumbai, and the largest city in the Western Ghats. Once the centre of power of the Maratha Empire, it is situated 560 metres above sea level on the Deccan plateau at the confluence of the Mula ... , Hyderabad, and Chennai Chennai Chennai , formerly known as Madras or Madarasapatinam , is the capital city of the Indian state of Tamil Nadu, located on the Coromandel Coast off the Bay of Bengal. Chennai is the fourth most populous metropolitan area and the sixth most populous city in India... |
India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
329 |
| 11 | Honeywell International | Morristown, New Jersey Morristown, New Jersey Morristown is a town in Morris County, New Jersey, United States. As of the 2010 United States Census, the town population was 18,411. It is the county seat of Morris County. Morristown became characterized as "the military capital of the American Revolution" because of its strategic role in the... |
USA | 320 |
| 12 | Hewlett Packard | Palo Alto, California Palo Alto, California Palo Alto is a California charter city located in the northwest corner of Santa Clara County, in the San Francisco Bay Area of California, United States. The city shares its borders with East Palo Alto, Mountain View, Los Altos, Los Altos Hills, Stanford, Portola Valley, and Menlo Park. It is... |
USA | 316 |
| 13 | Infosys Infosys Infosys Limited, formerly Infosys Technologies Limited is a global technology services company headquartered in Bangalore, India. It is the second largest IT exporter in India with 133,560 employees as of March 2011. It has offices in 33 countries and development centers in India, China,... |
Bangalore, India | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
294 |
| 14 | Accenture Accenture Accenture plc is a global management consulting, technology services and outsourcing company headquartered in Dublin, Republic of Ireland. It is the largest consulting firm in the world and is a Fortune Global 500 company. As of September 2011, the company had more than 236,000 employees across... |
Dublin, Ireland | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
291 |
| 15 | Keane Keane (company) Keane Inc a unit of NTT Data Corporation is a U.S.-based Information Technology services firm. It offers Application Services, as well as Infrastructure and Business Process Outsourcing solutions delivered through onsite, nearshore, and offshore resources.... (formerly Caritor) |
Boston, Massachusetts | India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
231 |
| 16 | Schlumberger Technology Corp | Houston, Texas Houston, Texas Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ... |
USA | 214 |
| 17 | Oracle Corporation Oracle Corporation Oracle Corporation is an American multinational computer technology corporation that specializes in developing and marketing hardware systems and enterprise software products – particularly database management systems... |
Redwood Shores, California Redwood Shores, California Redwood Shores is an affluent waterfront neighborhood located in San Mateo County on the San Francisco Peninsula in California. It is located on the eastern edge of Belmont, but is actually part of incorporated Redwood City.... |
USA | 176 |
| 18 | Syntel Syntel Syntel, Inc. is a global provider of Information Technology and Knowledge Process Outsourcing solutions, with global development centers in India and the United States.... |
Troy, Michigan Troy, Michigan Troy is a city in Oakland County in the U.S. state of Michigan, and is a suburb of Detroit. The population was 80,980 at the 2010 census, making it the 11th-largest city in Michigan by population, and the largest city in Oakland County... |
India India India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world... |
171 |
| 19 | PricewaterhouseCoopers PricewaterhouseCoopers PricewaterhouseCoopers is a global professional services firm headquartered in London, United Kingdom. It is the world's largest professional services firm measured by revenues and one of the "Big Four" accountancy firms.... |
New York, New York | USA | 168 |
| 20 | Microsoft Microsoft Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions... |
Redmond, Washington Redmond, Washington Redmond is a city in King County, Washington, United States, located east of Seattle. The population was 54,144 at the 2010 census,up from 45,256 in 2000.... |
USA | 168 |
(source: list published by the US Senators Richard Durbin and Chuck Grassley
Chuck Grassley
Charles Ernest "Chuck" Grassley is the senior United States Senator from Iowa . A member of Republican Party, he previously served in the served in the United States House of Representatives and the Iowa state legislature...
on June 26, 2007)