L-1 visa

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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 relatively short amount of time, from three months (for Iran nationals) to five years (India, Japan, Germany), based on a reciprocity schedule. [1] With extensions, the maximum stay is seven years. [2]

Contents

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 continuous year within the previous three prior to admission in the US. The US and non-US employers must be related in one of four ways: parent and subsidiary; branch and headquarters; sister companies owned by a mutual parent; or "affiliates" owned by the same or people in approximately the same percentages. [2] One L-1 visa can allow multiple employees entry into the United States.

Spouses of L-1 visa holders are allowed to work without restriction in the US (using an L-2 visa) incident to status, [3] and the L-1 visa may legally be used as a stepping stone to a green card under the doctrine of dual intent. In 2019, there were 13,839 new work authorizations for L-1 visa spouses to work. [4]

In 2022, the agency approved 72,958 visas. [5] The government approves 97% of L-1 visa petitions. Between 1997 and 2019, the U.S. Citizenship and Immigration Services (USCIS) approved 1.5 million L-1 visas. [6] The number of L-1 visa workers have grown from 140,810 in 1997 to 374,234 foreign visa workers in 2017, a 165.7% increase in two decades. [7]

In 2019, the largest occupation category for L-1A and L-1B workers were custom computer programming services, with 35.8% and 18.8% of total petitions approved, respectively. [8]

Since 2000, Indian nationals are the largest receivers of L-1 visas. The number of L-1 visas given to Indian nationals jumped from 4.5 percent in 1997 to 43.8 percent in 2006. [9] In 2019, Indian nationals received 18,354 L-1 visas, accounting for 23.8% of all L-1 visas issued in 2019. [7]

According to USCIS data, the largest employers to receive L-1 visas in 2019 were Tata Consultancy with 1,542 approved L-1 visa petitions, Infosys with 517, Amazon with 455, Cognizant with 382, and Deloitte with 305. [10] Between 2015 and 2019, Tata Consultancy received the greatest number of L-1 visas with 8,206 L-1 visas, followed by Cognizant with 4,774 L-1 visas. [11] [12] [13] [14]

Policy History Timeline

Types of L-1 Visas

The L-1 visa has two subcategories:

After the expiration of the 7 or 5 years respectively, the foreign national can generally only qualify for L-1 status again by working abroad for at least 1 year for the parent, subsidiary, affiliate or branch office of the U.S. company.

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 visa L1 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. [29]

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 visas. 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. According to the Social Security Administration, the L-2 spouse is permitted to work, even without an Employment Authorization Document. [30] The spouse may apply directly to Social Security for issuance of a Social Security Number. 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 visas), 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.

Costs

The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners who employ 50 or more employees in the United States with more than 50 percent of their employees in the United States in H-1B or L (including L-1A and L-1B) nonimmigrant status. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015. [31]

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.

Change of Status from L-1B to L-1A

A petition to change status to visa L1A may be filed on behalf of a foreign national in L-1B status in order for the individual to move into a managerial position or an executive position. In order for the L-1B worker to be eligible for the full 7 years of L-1 status typically provided to L-1A workers, the petition must be approved by United States Citizenship and Immigration Services at least 6 months prior to the individual reaching the 5-year maximum period in L-1B status. [32]

Limits on employment authorization

A person in L-1 status generally may work only for the petitioning company. If the L-1 worker enters based on an L-1 blanket, however, it generally is possible for the worker to be moved in the same capacity to any other related company listed on the blanket. [33]

Criticism

The L-1 visa program has been criticized for many reasons.

No Wage and Labor Protections

A key problem that critics and labor experts have with the L-1 visa is that the program has no minimum wage requirement or wage protections, meaning companies can pay L-1 visa workers a far lower salary while in the United States. In one example, The U.S. Department of Labor fined Electronics for Imaging $3,500 for paying its L-1 visa workers $1.21 an hour and working some of them up to 122 hours a week. [34]

Worker Replacement

Some industry representatives have accused companies of utilizing the L-1 program to replace U.S. workers. [35] [36] [37] [38]

Poor Skill Definition

Detractors and government officials have pointed out how the visa program does not define "specialized knowledge" for foreign workers in the L-1B visa category. The Inspector General for the Department of Homeland Security in 2006 found that the visa "is so broadly defined that adjudicators believe they have little choice but to approve almost all petitions.” [25]

Job Offshoring & Knowledge Transfer

Critics have taken issue with how the L-1 visa facilitates knowledge transfer to foreign countries and workers. American multinationals such as Intel use Americans to train L-1 visa workers so that they can return and manage their growing overseas offices. American workers are therefore asked to give away their knowledge to an up and coming foreign competitor while allowing companies to export their job more easily in the near future. [39]

When Siemens laid off computer programmers Patricia Fluno and Mike Emmons, they had to train their foreign L-1 visa replacements to receive their severance. [39]

The workers brought on visas via Tata Consultancy made a third the wage of an American. [24]

Bridge to Immigration?

Some policy scholars have noted that even as companies say the L-1 visa serves to transition guest workers into naturalized U.S. workers, employers have done little to sponsor these visa workers for green cards. In 2008, Intel and Exxon Mobil sponsored none of its L-1 visa workers for green cards after receiving 226 and 207, respectively. [25]

Visa Statistics

Top 10 L-1 employers by petitions approved, Fiscal Year 2019 [10]
Employer nameEmployer industryApproved Petitions
Tata Consultancy Services Computer programming1,542
Infosys Computer programming517
AmazonElectronic Shopping455
CognizantComputer Systems Design382
Deloitte [lower-alpha 1] Professional services305
IBM Computer systems design280
Tech Mahindra Computer programming275
Schlumberger Oil and gas technology247
GenpactComputer programming190
SapientComputer programming152
2000-2022 State Department L-1 Visa Issuances [21]
YearNumber of L-1 Visa Issuances
200054,963
200159,384
200257,721
200357,245
200462,700
200565,458
200672,613
200784,532
200884,078
200964,696
201074,719
201170,728
201262,430
201366,700
201471,513
201578,537
201679,306
201778,178
201874,388
201976,988
202035,228
202124,863
202272,958

Use for other countries

An individual with a valid L-1 visa does not need a visa to enter Costa Rica for tourism for up to 30 days. [40] The L-1 visa must be stamped in the passport and be valid for at least six months. [40] The passport needs to be valid for at least six months after entering Costa Rica. [40]

Related Research Articles

The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows U.S. employers to employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.

An O visa is a classification of non-immigrant temporary worker visa granted by the United States to an alien "who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements", and to certain assistants and immediate family members of such aliens.

TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.

The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the US and Australia.

An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.

<span class="mw-page-title-main">Visa policy of the United States</span> Policy on permits required to enter the United States and its unincorporated territories

Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they come from one of the visa-exempt or Visa Waiver Program countries. The same rules apply for travel to all U.S. states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands with additional waivers, while similar but separate rules apply to American Samoa.

An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services (USCIS).

<span class="mw-page-title-main">Employment authorization document</span> Document issued by the United States Citizenship and Immigration Services

A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

An L-2 visa is a visa document used to enter the United States by the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa.

The EB-1 visa is a preference category for United States employment-based permanent residency. It is intended for "priority workers". Those are foreign nationals who either have "extraordinary abilities", or are "outstanding professors or researchers", and also includes "some executives and managers of foreign companies who are transferred to the US". It allows them to remain permanently in the US.

The U visa is a United States nonimmigrant visa which is set aside for victims of crimes who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so. An advantage that comes along with the acceptance of a U-visa is the individual will have deportation protection which is important when they are collaborating with law enforcement.

<span class="mw-page-title-main">Labor Condition Application</span>

The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 and E-3. The application is submitted to and needs to be approved by the United States Department of Labor Employment and Training Administration (DOLETA)'s Office of Foreign Labor Certification (OFLC). The form used to submit the application is ETA Form 9035.

The American Competitiveness in the 21st Century Act (AC21) was an act passed by the government of the United States in October 2000, pertaining to immigration to the United States. It was a complement to the American Competitiveness and Workforce Improvement Act that had been passed in 1998. The focus of AC21 was to change rules related to portability and caps for the H-1B visa to increase the effective number of visas available and make it easier for workers on those visas to switch jobs. Although the language of the Act references the Immigration and Naturalization Service (INS), the INS would soon be restructured and the functions of the INS referenced in AC21 would be handled by United States Citizenship and Immigration Services.

Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.

Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.

The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L.Tooltip Public Law  106–553 (text)(PDF).

<span class="mw-page-title-main">Form I-140</span> I-140, Immigrant Petition for Alien Worker

Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files is called the petitioner, and the alien employee is called the beneficiary; these two can coincide in the case of a self-petitioner. The form is 6 pages long with a separate 10-page instructions document as of 2016. It is one of the USCIS immigration forms.

The term H-1B-dependent employer is used by the United States Department of Labor to describe an employer who meets a particular threshold in terms of the fraction of the workforce comprising workers in H-1B status. An employer classified as H-1B-dependent needs to include additional attestations in the Labor Condition Application used for the petition of any H-1B beneficiary being offered an annual compensation of less than $60,000 and without a master's degree. The notion was introduced by the American Competitiveness and Workforce Improvement Act (ACWIA) passed in 1998 and operationalized through the United States Department of Labor's Interim Final H-1B Rule of December 20, 2000. The regulation is found in 20 CFR 655.736 in the Code of Federal Regulations.

In the United States, the most common visa used for short-term trips is the B visa. This is a combination of the B-1 visa and the B-2 visa. People on B visas are generally not allowed to engage in productive work or study activities. However, in some cases, B visas can be issued that allow people to engage in some types of productive work and learning activity, in lieu of another visa. The three visa categories, for which a B visa could be issued instead, are the H-1B visa, H-3 visa, and J-1 visa. The U.S. Department of State recommends that consular officers clearly annotate such B visas to make the scope of the visa clear to the applicant and the U.S. Customs and Border Protection officer at the port of entry.

The H-1A visa was a visa that was previously available to foreign nationals seeking temporary employment in the United States. These visas were made available to foreign nurses coming into the United States to perform services as a registered nurse in areas with a shortage of health professionals as determined by the Department of Labor. The creation of this visa was prompted by a nursing shortage.

References

  1. ↑ "Reciprocity by Country". Bureau of Consular Affairs . Retrieved 25 January 2017.
  2. 1 2 "Intracompany Transfers" . Retrieved 22 September 2012.
  3. ↑ "Chapter 2 - Employment-Based Nonimmigrants". USCIS . Retrieved 18 Feb 2023.
  4. ↑ "Form I-765 Application for Employment Authorization" (PDF).
  5. ↑ "State Department Visa Issuance FY2022" (PDF).
  6. ↑ "State Department Visa Issuance FY1997-FY2021".
  7. 1 2 "The Facts About the L‑1 Visa Program". www.cato.org. Retrieved 2023-03-26.
  8. ↑ "Summary of Approved L-1 Petitions by Employers for 2019" (PDF).
  9. ↑ Lazonick, Bill. "Globalization of the High-Tech Labor Force" (PDF).{{cite journal}}: Cite journal requires |journal= (help)
  10. 1 2 "USCIS: Approved L-1 Petitions by Employer: Fiscal Year 2019" (PDF).
  11. ↑ "2015 L-1 Visa Petitions by Employer" (PDF).
  12. ↑ "2016 L-1 Visa Petitions by Employer" (PDF).
  13. ↑ "2017 L-1 Visa Petitions by Employer" (PDF).
  14. ↑ "2018 L-1 Visa Petitions by Employer" (PDF).
  15. ↑ "Abuses in the L-Visa Program: Undermining the U.S. Labor Market". Economic Policy Institute. Retrieved 2023-02-08.
  16. 1 2 Gonzalez, M. F. (2018). Highly skilled immigration in the united states in an age of globalization: An institutional and agency approach (Order No. 10825243). Available from ProQuest Dissertations & Theses Global; Social Science Premium Collection. (2074816399).
  17. ↑ "Testimony by Stephen Yale-Loehr on L-1 Visas" (PDF). Congress.
  18. 1 2 3 "Implementation of L-1 Visa Regulations" (PDF). DHS Office of the Inspector General.
  19. 1 2 3 4 "L Visas: Losing Jobs Through Laissez-Faire Policies?" (PDF).
  20. ↑ "1990 Immigration Act" (PDF).
  21. 1 2 "Nonimmigrant Visa Statistics". travel.state.gov. Retrieved 2023-03-26.
  22. 1 2 3 4 Department of Homeland Security Office of the Inspector General, “Review of Vulnerabilities and Potential Abuses of the L-1 Visa Program,”
  23. ↑ "A Mainframe-Size Visa Loophole". Bloomberg.com. 2003-03-06. Retrieved 2023-02-13.
  24. 1 2 "The L-1 Visa and American Interests in the 21st Century" (PDF).
  25. 1 2 3 "Bridge to Immigration or Cheap Temporary Labor? The H-1B & L-1 Visa Programs Are a Source of Both". Economic Policy Institute. Retrieved 2023-02-08.
  26. ↑ "Guestworkers in the high-skill U.S. labor market: An analysis of supply, employment, and wage trends" (PDF). Economic Policy Institute. Retrieved 2023-02-13.
  27. ↑ "H-1B and L-1 Visa Reform Act of 2015".
  28. ↑ "Analysis of the "H-1B and L-1 Visa Reform Act of 2015"". CIS.org. 27 July 2016. Retrieved 2023-02-28.
  29. ↑ L1 Visa Guidelines USCIS
  30. ↑ "Employment Authorization for Non-immigrants". Social Security Administration. 2011-11-08. Retrieved 2011-12-30. For COAs displaying a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization.
  31. ↑ "New Law Increases H-1B and L-1 Petition Fees". USCIS. Retrieved 2016-01-13.
  32. ↑ "8 C.F.R. §214.2(l)(15)(ii)". United States Citizenship and Immigration Services. Retrieved 22 August 2013. "When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred."
  33. ↑ "Foreign Affairs Manual - 9 FAM 402.12-8(I)". U.S. Department of State. Retrieved 22 August 2016.
  34. ↑ "Workers paid $1.21 an hour to install Fremont tech company's computers". The Mercury News. 2014-10-22. Retrieved 2023-02-08.
  35. ↑ Costa, Daniel (November 11, 2014). "Little-known temporary visas for foreign tech workers depress wages". The Hill.
  36. ↑ Tamen, Joan Fleischer (August 10, 2013). "Visa Holders Replace Workers". Sun Sentinel.
  37. ↑ Velasco, Schuyler (February 3, 2016). "Americans are losing jobs to a visa program. Can it be fixed?" Christian Science Monitor.
  38. ↑ Kirby, Carrie (2003-05-25). "Visa's use provokes opposition by techies / L-1 regarded as threat to workers". SFGATE. Retrieved 2023-02-17.
  39. 1 2 Hira, Ron. Outsourcing America.
  40. 1 2 3 "Situations That Do Not Need Tourist Visa to Enter Costa Rica". Embassy of Costa Rica in Washington, D.C. Retrieved December 10, 2018.
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