Who Is the Beneficiary in an L1 Visa Application?

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In an L1 visa case, the beneficiary is the employee being transferred from the company’s office abroad to its office in the United States. This is the person who will receive the visa and move to the U.S. if the application is approved.

 

What Does the Beneficiary Do?

The beneficiary is the one who must meet all of the visa’s eligibility rules. To qualify, the employee must:

  • Have worked for the company outside the United States for at least one continuous year within the past three years
  • Be offered a job in the U.S. as a manager or executive (L1A) or someone with specialized knowledge (L1B)
  • Be transferring to a U.S. office that has a valid corporate relationship with the foreign branch, such as a parent company, subsidiary, affiliate, or branch

The beneficiary is not the person who files the visa petition. The petition must be submitted by the U.S. employer, who is referred to as the petitioner.

 

Why This Matters

Knowing who the beneficiary is becomes important when filling out immigration paperwork, including Form I-129, which is the petition for a non-immigrant worker. On this form, the employer is listed as the petitioner, and the employee being transferred is the beneficiary.

Getting these roles right helps avoid mistakes and processing delays. It also ensures the case is handled properly at each step, from filing to visa interviews and future immigration decisions.

Any information contained in this website is provided for general guidance only, not intended to be a source of legal advice. As such, any unlawful use is strictly prohibited. Prior success does not guarantee same result.

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