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 -
generally up to seven years. L-1 visas are available to employees of an international
company with offices in both a home country and the United States, or which intend to
open a new office in the United States while maintaining their home country interests.
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, and the
L-1 visa may legally be used as a steppingstone to the Green Card under the doctrine of
dual intent.

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 alien 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
U.S. Citizenship and Immigration Services (USCIS); and
Blanket L-1 visas which are available to employers who hire large numbers of
Intracompany Transferees every year.
For a regular L-1 visa, the company must file a petition with the USCIS and each petition
is evaluated on its own merits.

Application for 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 immigration 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 can 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.

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.
American Visa Consultancy