O1A Visa: Purpose, Eligibility & Application Process

Multinational corporations frequently operate across multiple countries today, and this necessitates the mobility of talent across borders. The United States facilitates this movement through various visa categories. One among them is the L1 visa, a non-immigrant visa designed specifically for intra-company transferees.

This blog explores the L1 visa in detail, outlining its types, eligibility criteria, application process and documents required.

What is an L1 visa?

The L1 visa is a temporary work visa granted by the United States Citizenship and Immigration Services (USCIS). It enables multinational companies to transfer employees from an overseas branch, parent, affiliate or subsidiary to a U.S.-based office.

What are the types of L1 visa?

There are two types of L1 visa, depending on the role and expertise of the transferring employee:

Eligibility criteria for L1 visa

The transferring employee and the sponsoring employer must meet specific L1 visa eligibility conditions, as outlined below:

Employee

To qualify for an L1 visa, the employee must have worked for the overseas company for at least one continuous year within the three years preceding the application. They must be transferring to a qualifying role in the U.S., either a managerial or executive position for an L1A visa, or a specialised knowledge role for an L1B visa. Further, the employee must intend to return to their home country after their L1 tenure ends.

Employer

To qualify for sponsoring an L1 visa, the employer must maintain a valid qualifying relationship, such as a branch, subsidiary or affiliate, with the foreign entity. The company must also be actively conducting business in at least one foreign country as well as in the U.S. Additionally, there must be sufficient physical premises to accommodate the new U.S. office.

What are the requirements for L1 visa?

The U.S. company must have sufficient space to house the new office and demonstrate legitimate business operations both in the United States and abroad. Additionally, both parties are expected to maintain consistent employment and proper documentation throughout the application process.

For an L1A visa, the employee should be managing people, a department or a specific function within the company. They must hold hiring or firing authority or operate at a senior level within the organisational structure. Importantly, they should not be engaged in routine operational tasks.

In the case of an L1B visa, the employee’s specialised knowledge should pertain to the company’s proprietary software or systems, unique product development processes or specialised internal operations that are critical to the business.

L1 visa application process

The application process for L1 visa for Indian citizens is as follows:

1. Transfer Offer: Obtain a formal letter from your employer confirming your U.S. transfer, role, visa type (L1A/L1B) and duration.
2. Petition Filing: Your U.S. employer files Form I-129 with USCIS, either as an individual or blanket petition.
3. Petition Approval: Upon approval, the employer receives Form I-797 (Notice of Action), required for the visa application.
4. DS-160 Form: Complete the DS-160 online. Save the confirmation page with the barcode for your interview.
5. Pay Visa Fees: Submit the required L1 visa fees.
6. Visa Interview: Schedule and attend the interview at a U.S. embassy or consulate.
7. Prepare Documents: Bring all necessary documents and be ready to explain your role and qualifications clearly.

Documents required to apply for L1 visa

You need to prepare a complete and accurate set of documents to ensure a smooth L1 visa application process. The essentials include:

• Your current passport and any previously issued passports
• A recent passport-sized photograph
• The completed DS-160 confirmation page
• The interview appointment letter, both the original and a photocopy
• Receipt number of the I-129 petition, along with a printed copy of the petition itself
• A demand draft for the visa issuance fee
• Work experience certificates from your past employers
• Original and photocopies of academic qualifications and any completed training certifications
• An updated resume
• Bank statements from the last six months
• Details about the U.S.-based employer
• Photos of the intended workplace in the U.S.
• Contact information for two colleagues from your previous workplace

Role of travel insurance in L1 visa application

Travel insurance is not a legal mandate but it is highly recommended for L1 visa holders due to its essential protection. It covers costly U.S. healthcare, including hospital stays, emergency care and doctor visits. It also helps with trip delays or cancellations caused by illness, weather or unrest. Additionally, it protects against loss or theft of passports, baggage and electronics. If you are travelling on a short-term assignment, a single trip travel insurance plan may be sufficient.

Conclusion

Moving to the U.S. on an L1 visa is a big milestone. While getting the visa is a crucial part of the process, being prepared for life abroad matters just as much. One thing that often gets overlooked while you prepare is insurance. Buying travel insurance online is a simple step that can support you when there are unexpected medical expenses, trip delays or even lost baggage.

FAQs

1. What is L1 visa used for?
   
   L1 visa helps multinational companies to transfer employees to their U.S. offices.
   
   
2. Who is eligible under the L1 visa qualification criteria?
    
   Anyone who has worked abroad for at least one year in the last three years in a qualifying role satisfies the requirement.
   
   
3. Are there different types of L1 visas?
   
   Yes, there are two types. L1A is for managers and executives, and L1B is for people with specialised knowledge.

Disclaimer: The information provided in this blog is for educational and informational purposes only. It may contain outdated data and information regarding the topic featured in the article. It is advised to verify the currency and relevance of the data and information before taking any major steps. ICICI Lombard is not liable for any inaccuracies or consequences resulting from the use of this outdated information.