International Company Transferees: L-1 Application Procedures if Inside the United States

Step One: Filing the L-1 Petition with the U.S. Citizenship and Immigration
Services

The prospective L-1 employer files a Form I-129, L Supplement, all supporting evidence and the appropriate filing fees with the U.S. Citizenship and Immigration Services (USCIS) service center having jurisdiction over the location where the prospective L-1 employee will work. An L-1 petition may be filed up to six months prior to the commencement date of the contemplated L-1 employment.

If the prospective L-1 employee has a spouse and/or unmarried children under the age of 21-years old legally in the United States, a Form I-539 is filed at the same time to request his/her status be changed to L-2.

One to two weeks after filing the L-1 petition, the USCIS issues a Form I-797, Notice of Action Receipt Notice as proof of receiving the L-1 petition. The notice contains the L-1 petition case number and information from the Form I-129 to identify the specific L-1 petition.

The time the USCIS takes to process an L-1 petition varies between the service centers, but generally takes several months. By law, all L-1 petitions are supposed to be adjudicated within thirty days of receipt. Unfortunately, the USCIS does not follow this law. The time it takes to process the L-1 petition can be reduced to fifteen calendar days by requesting Premium Processing of the petition.

It is possible to view the latest processing times at each service center to track the progress of an L-1 petition. Further, it is possible to track the status of a specific case by visiting the USCIS Case Status Online web page.

Upon approval of the L-1 petition, the USCIS issues a Form I-797 Notice of Action Approval Notice. The bottom portion of the Approval Notice contains a new Form I-94 card showing the status has been changed to L-1 and L-2 for any family members and the validity period of the new L-1 and L-2 status.

The issuance of a Form I-797 Approval Notice authorizing the change of status to L-1 also authorizes L-1 employment. However, it does not enable a person to depart and freely re-enter the United States. Under these circumstances, the L-1 employee and L-2 family members are required to apply for an L-1 and L-2 visa at an overseas U.S. embassy or consulate.

There are time limits imposed on L-1 petitions. If the U.S. petitioning corporation has been engaged in active business for less than one complete year, the initial period of L-1 petition approval is only one year. Extensions in two-year increments are allowed. If the U.S. petitioning entity has been active for more than one-year, the initial period of L-1 petition approval is three years. Extensions in two-year increments are allowed.

Other General Rules

Special Rules for H-1B Visa Holders Changing Status to L-1:

If an H-1B visa holder changes to L-1 status, any time spent in H-1B status is deducted from the total amount of time allowable in L-1 status. For example, if an H-1B visa holder has spent five years in the United States and changes to L-1A status, the individual may only remain in the United States in L-1A status for two years.

Departure from the United States After Filing Change of Status:

If a person files a change of status application to L-1 and departs the United States prior to approval of the change of status application, the change of status application is deemed abandoned. However, this does not mean the L-1 petition will not be approved. After approval of the L-1 petition, the prospective L-1 employee must apply for an L-1 visa at an overseas U.S. embassy or consulate and re-enter the United States to commence employment.

Special Rules for Canadians:

Canadians seeking L-1 classification under the North American Free Trade Agreement may file the L-1 petition at a Class A U.S.-Canada port of entry or pre-flight clearance station in Canada. The petition will be immediately adjudicated and admission granted. No visa is required. Canadians holding L-1 status are given an annotated L-1 Form I-94 instead of an L-1 visa.