New Fee Hits Certain L-1 Visa Petitioners

Applicants for certain categories of the L-1 visa are now required to pay an additional fee of US$4,500, thanks to the Consolidated Appropriations Act signed into law in December 2015. The new fee applies to petitioners that employ 50 or more workers in the U.S. with more than half those workers holding L-1 non immigrant status. The new fee is effective until September 30, 2025.

India, which currently accounts for 80 percent of L-1 visa applications, initiated a WTO dispute proceeding against the U.S. in March 2016 to protest the increased fees. India has said that the increases are inconsistent with American commitments under the General Agreement on Trade in Services.

An L-1 visa allows executives, managers and employees with specialized knowledge who work in an overseas company that also has U.S. facilities to move to the U.S. to work in the company’s U.S. location. There are two L-1 visa classifications: L-1A for executives or managers and L-1B for professionals with specialized knowledge.

Filing for an L-1A Visa

When filing an L-1A petition, it is critical to clearly define whether the executive/manager’s role is a functional or personnel role. Just listing job duties will not necessarily tell the right story; you must also demonstrate where the applicant fits into the corporate management structure.

Documents supporting the petition should include organizational charts and detailed job descriptions for the U.S. and foreign positions as well as background information on subordinates to show there is sufficient staff to support the executive/manager.

Filing for an L-1B Visa

The L-1B petition should provide details on the applicant’s specialized knowledge and how that knowledge was obtained. It should also delineate how the applicant’s expertise differs from others in the company or industry and how that expertise impacts the company.

Documents supporting the L-1B petition should include documentation on how the applicant gained the specialized knowledge (education and training records, certificates, etc.), detailed job descriptions for the U.S. and foreign positions, letters from senior management on the importance of having this knowledge in the U.S. and the impact to the business if the applicant is not allowed to fill the U.S. role.