To apply for an L-1 visa, which is a non-immigrant visa category for intracompany transferees, you typically need to follow these steps:
- Determine Eligibility: The L-1 visa is for employees of multinational companies who are being transferred to a U.S. office, subsidiary, affiliate, or parent company. There are two subcategories:
- L-1A: For managers or executives.
- L-1B: For employees with specialized knowledge.
- Employer Petition: The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition should include supporting documents demonstrating the employer’s eligibility and the qualifications of the employee being transferred.
- Approval Notice: Once USCIS approves the petition, they will issue a Form I-797, Notice of Action, to the U.S. employer.
- Applying for the Visa: With the approved petition, the employee can apply for the L-1 visa at a U.S. consulate or embassy in their home country. This involves completing Form DS-160, Online Nonimmigrant Visa Application, and scheduling an interview at the consulate or embassy.
- Interview: Attend the visa interview at the U.S. consulate or embassy. Be prepared to provide documentation supporting your eligibility for the visa, including the Form I-129 approval notice, evidence of your qualifications and employment with the company, and other required documents.
- Biometrics: Depending on the consulate or embassy, you may need to provide biometric information (such as fingerprints) at the time of your visa interview.
- Decision: After the interview, the consular officer will determine whether to approve or deny your visa application.
- Travel to the U.S.: If your visa is approved, you will receive your passport with the visa stamp. You can then travel to the United States and present yourself at a port of entry, where a Customs and Border Protection (CBP) officer will make the final decision on your admission into the country.
Are dependents of L-1 visa holders eligible for a visa?
Yes, dependents of L-1 visa holders are generally eligible for visas to accompany or join the L-1 visa holder in the United States. Dependents typically include the spouse and unmarried children under the age of 21.
The specific visa category for dependents of L-1 visa holders is the L-2 visa. To apply for an L-2 visa, dependents need to follow a similar process as the L-1 visa holder:
- Complete Form DS-160: Dependents must complete the Online Nonimmigrant Visa Application (Form DS-160) and pay the required visa application fee.
- Schedule Visa Interview: After completing the DS-160, dependents must schedule a visa interview at the U.S. consulate or embassy in their home country.
- Gather Required Documents: Dependents should gather the necessary documentation, which typically includes:
- A copy of the L-1 visa holder’s approved Form I-129 petition.
- A copy of the L-1 visa holder’s visa stamp.
- Proof of relationship to the L-1 visa holder (e.g., marriage certificate for spouse, birth certificate for children).
- Proof of financial support to cover expenses in the United States.
- Any other supporting documents requested by the consulate or embassy.
- Attend Visa Interview: Dependents must attend the visa interview at the scheduled date and time. During the interview, they should be prepared to answer questions about their relationship to the L-1 visa holder and their intention to accompany or join the L-1 visa holder in the United States.
- Biometrics: Some consulates or embassies may require dependents to provide biometric information (such as fingerprints) at the time of the visa interview.
- Decision: After the interview, the consular officer will determine whether to approve or deny the dependent’s visa application.
If approved, dependents will receive their passports with the L-2 visa stamps, allowing them to accompany or join the L-1 visa holder in the United States. Once in the United States, L-2 visa holders may be eligible to apply for work authorization by filing Form I-765, Application for Employment Authorization, with USCIS.
