L Visas or Intra-company Transfers FAQs

1. What do I have to do if I change position or location within the same company and I am under an L Visa status?

Depending on the change, you may have to file an application for a new visa or to amend the conditions of the existing visa. This is a complicated matter that should be reviewed by an attorney before taking any action.

2. What are the responsibilities of the employer who sponsors an L-1 Visa?

The employer must comply with the terms of the visa (agreed salary, position, etc.)

3. How many employees can an employer have with L-1 Visas?

There is no numerical limit. However, due to the nature of the visa (for executives, managers, and employees with specialized knowledge), it is most likely that the government will apply a standard of reasonableness to evaluate this question.

4. What is the employer’s responsibility if the employee under L-1 status leaves or is terminated?

There is no liability for the employer if the worker under the L‑1 Visa leaves or is terminated.

5. What documentation does my employer need to provide in order to apply for an L-1 Visa? And what are the fees my employer needs to pay?

For a complete list of the documents required for the L Visa, please visit the following page on our site: L‑1 Visa

6. What happens to my status if my L-1 Visa application is denied?

This depends on each situation. If you are present in the United States with a valid non‑immigrant visa, you would continue in that same status. If your visa has already expired, then you will be out of legal status.

7. What is my status while my first L-1 Visa application is pending?

Your status remains the one you had when you applied for the L‑1 Visa. If your non‑immigrant visa expires while your L‑1 Visa application is pending, then your status will be “an applicant for a non‑immigrant visa,” and you will be allowed to remain in the United States until a decision is made regarding your L‑1 Visa application.

8. Can my L-1 Visa be transferred?

L‑1 visas cannot be “transferred” to most new employers. To “transfer” or “change” employers, the new sponsoring company must have a qualifying relationship with a foreign company that employed the L‑1 visa holder for one of the last 3 years.

The qualifying relationship between the petitioning employer and the foreign company is defined in 8 C.F.R. § 214.2(l)(1)(ii)(G) as a parent, branch, affiliate, or subsidiary as specified in the regulations. For more information about this topic, please visit the following page on our site: Can I transfer my L‑1 Visa?

9. What status can my spouse and children obtain if I’m applying for an L-1 Visa or I already have an L-1 Visa? Can L-1 family members work in the U.S.?

The spouses and children of those who have an L‑1 Visa can obtain L‑2 status, which allows them to live, study, and work in the United States. To be able to work, L‑2 Visa holders must apply for a work authorization card and renew it as many times as necessary.

10. How long does my L-1 status last? How many times can I renew my L-1 visa?

Generally, visas are granted for 1 to 3 years each time you apply. You can renew and maintain this visa for a period of time that does not exceed 7 years. This is a limit established by law and therefore, if the person is interested in remaining longer in the United States, it is important to begin a petition for permanent residence or a Green Card as soon as possible.

11. How many times can I change employers under my L-1 Visa status?

There is no limit to the number of times you can change employers under the L‑1 Visa. However, each employer must qualify to sponsor you for the L‑1 Visa. Keep in mind that to be eligible for an L‑1 Visa you must have been employed outside the United States by the sponsoring company or an affiliate or subsidiary for one of the last 3 years.

12. How long do I have to leave the country after my L-1 visa status expires or I lose my job?

L‑1 Visas do not have a grace period during which an individual can arrange their departure from the United States. Therefore, you must leave the United States immediately upon the expiration of your visa or the end of your employment. There are other visas that have a period after the visa expires to leave the country. For example, the F‑1 student visa has a 60‑day grace period to leave the country. However, L‑1 Visas do not have this type of extension. It is important to note that L‑1 Visas lose their validity when the employment contract ends or when the requirements and conditions of the L‑1 Visa are not met (i.e., salary, position, responsibilities, etc.)

IMPORTANT NOTE

The information contained here is general in nature and it may not necessarily apply to all situations. It is also subject to change at any point in time. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

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