An L1 visa transfer enables multinational companies to expand operations by transferring qualified staff to an existing or newly established US subsidiary, affiliate, parent or branch offices.

Whether you are a multinational advertising company or an ambitious, growing tech firm, the L1 visa can help businesses of all sizes and across all sectors to deploy talent to the US. It is the primary route to bring non-US employees with specialist skills or knowledge to the US temporarily, for reasons such as opening a new branch in the USA.

The current challenge with the L1 visa transfers is evidencing eligibility. We work with employers and workers to build robust L1 applications, based on a default position that the adjudicator is looking for reasons to challenge, not reasons to approve, across all of the L1 visa transfer requirements.

Proof is needed that the individual is really satisfying the requisite skill level and will they actually be carrying out the required type of duties.

 

What is an L1 visa transfer?

 

An L‑1 “visa transfer” is the term companies often give to moving an employee from a foreign office to a US branch, subsidiary, parent or affiliate. In effect, the employer doesn’t change, but the address does. It allows organizations to deploy talent into the US without breaking corporate continuity.

To qualify, the American petitioner and the overseas entity must be genuine relatives in the corporate family tree. The talent must themselves have at least one complete year of full‑time service with the foreign office in the past three years, and that year must have been spent either steering strategy as an executive or manager under the L‑1A track or in a role demonstrating hard‑to‑replace knowledge or skill under the L‑1B path. The job awaiting in the United States must mirror that seniority or prove it truly needs the employee’s specialized insight.

From there, the process is two‑steps. First, the US company files Form I‑129 with U.S. Citizenship and Immigration Services. Once USCIS gives the green light, the employee attends a consular interview or, if already stateside, files to switch status. Only then can they start work in the US under L‑1 status.

Time in the US is limited to seven years for L1A executives and managers and 5 years for L1B specialized knowledge staff, although many L‑1A leaders segue into an EB‑1C green card bid long before the clock runs out.

If you’re looking to join an unrelated American firm, that move isn’t an L1 transfer; you would instead need a brand new visa, usually an H‑1B, or a fresh year abroad with that future employer before launching another L‑1.

 

Who qualifies for an L1 visa transfer?

 

The employee must be filling an executive or managerial role (L-1A) or specialized knowledge role (L-1B) in the US.

The executive role L-1A classification is where the applicant:

 

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

 

An L1A managerial role is where the individual:

 

• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization;
• Has the authority to hire and hire or recommend those as well as other personnel actions, or if no other employee is directly supervised, functions at a senior level within the organizational hierarchy; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

 

The L1B classifcation for specialized knowledge roles is where:

 

• Special knowledge is possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets; or
• Advanced knowledge is possessed by an individual of the petitioning organization’s processes and procedures.

 

 

L1 visa transfer process

 

The L‑1 transfer process begins with a petition, moves through a government adjudication phase and ends with either a visa issued abroad or a status change approval inside the United States.

Alongside the I‑129, the petitioner has to submit corporate proof of the qualifying relationship (share ledgers, organisational charts, intercompany agreements) and personnel proof of the transferee’s one year of full‑time service abroad during the past three years. Job descriptions must show that the US role remains executive/managerial or truly relies on proprietary processes and markets knowledge.

If the petition involves a “new office,” evidence of leased premises and a 12‑month business plan demonstrating future head‑count growth is essential. Importantly, USCIS limits new‑office approvals to one year.

Upon approval, the process diverges by the employee’s location. Candidates outside the United States complete Form DS‑160, pay the State Department’s $325 immigrant‑visa fee, and schedule a consular interview, bringing the original USCIS approval notice (Form I‑797) and a stamped Form I‑129S if the employer holds a Blanket L authorization.

Canadian transferees may skip the consulate and apply at a port of entry. Those already in the United States—often on student or visitor status—file Form I‑485 to adjust status if a green‑card track is contemplated or simply remain in L‑1 status upon approval of the I‑129.

The petition is to be used to submit evidence in support of the application for an L1 visa. The following should be provided to demonstrate eligibility for the L1 program:

 

• Evidence that the petitioner and the employer are qualifying organizations;
• Evidence that the employee will be employed in an executive, managerial, or specialized knowledge capacity;
• Evidence that the employee will have one continuous year of full-time employment abroad with a qualifying organization within three years preceding the filing of the petition;
• Evidence that the employee’s prior year of employment abroad was in a position that was managerial, executive, or involved specialized knowledge; and
• Evidence that the employee’s prior education, training and employment qualifies him or her to perform the intended services in the United States.

 

 

Opening a new US branch

 

If an employee will be coming to the US as an executive or manager to open or be employed in a new office in the United States, the company must submit evidence that:

 

• sufficient physical premises to house the new office have been secured;
• the employee has been employed for one continuous year in the three year preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involves executive or managerial authority over the new operation; and
• the intended US operation, within one year of the approval of the petition will support an executive or managerial position.

 

If the employee will be coming to the US in a specialized knowledge capacity to open or to be employed in a new office, the petitioner must submit evidence that:

 

• sufficient physical premises to house the new office have been secured;
• the business entity in the United States is or will be a qualifying organization; and
• the company filing the petition has the financial ability to remunerate the employee and commence doing business in the United States.

 

Note that the petition will be approved for one year only and must show the new office will support specialized‑knowledge duties after that year.

 

L1 visa interview

 

Whether following approval of a Blanket or regular L-1 petition, employees seeking L-1 status must attend a visa interview at a US consular post abroad. Interview procedures vary widely among consular posts so it is important to carefully follow instructions provided for the post where the L-1 interview will be held.

At the L-1 visa interview a consular officer will ask the employee questions to confirm the information provided in the L1 petition about the applicant and his or her intended US employment. The employee will be notified of the decision made on the application at the end of the interview. Provided the application is approved the consular officer will retain the employee’s passport for visa stamping.

The passport with embossed L1 visa stamp will be returned to the employee within approximately one week of the interview. Once received the employee is permitted to travel to the US to work in L1 status in line with the employment described in the L1 petition.

 

Read more about the L1 visa interview here >> 

 

 

L1 visa transfer fees

 

The US company, not the foreign affiliate, files Form I‑129, classifying the worker as L‑1A (executive or manager) or L‑1B (specialized knowledge). Today’s filing fees include a $1,385 online or $1,435 paper base charge, a $500 Fraud Prevention and Detection fee on first‑time or change‑of‑employer petitions, and the Asylum Program Fee ($600 for large businesses, $300 for small employers, waived for nonprofits). Some firms also owe the $4,500 Public‑Law 114‑113 surcharge if their U.S. workforce is majority H‑1B and L‑1. Optional premium processing—$2,805—triggers a 15‑business‑day decision clock.

 

Fee Type	Amount (USD)	When Payable / Notes
Form I‑129 Petition (online)	$1,385	Base filing fee for L‑1 petitions submitted electronically.
Form I‑129 Petition (paper)	$1,435	Base filing fee for petitions filed by mail.
Fraud Prevention & Detection Fee	$500	Required for each initial L‑1 petition or change‑of‑employer filing.
Public‑Law 114‑113 Fee	$4,500	Applies when the U.S. employer has ≥ 50 employees and > 50 % of its workforce in H‑1B and L‑1 status.
Premium Processing	$2,805	Optional 15‑business‑day adjudication clock for Form I‑129.
Asylum Program Fee	$600 / $300 / $0	$600 for large employers, $300 for small employers (≤25 full‑time staff), waived for qualifying nonprofits.

For an additional fee of $2,805, you may request expedited ‘premium processing’ of a petition for adjudication by USCIS within 15 business days.

Note that if a request for additional evidence (RFE) is issued on a petition filed using the premium processing service, USCIS will have an additional 15 calendar days from receipt of the response to adjudicate the case.

 

What is a Blanket L?

 

US companies employing multiple foreign nationals in L-1 status may file a Blanket petition with USCIS. The Blanket L acts as continuing evidence of the company’s qualifying relationship and eligibility to hire under the L visa category. Once a company’s Blanket L-1 petition is approved, sponsored L-1 visa applicants need only attend a visa interview to establish their eligibility for the L-1A or L-1B Intracompany Transferee visa With a Blanket L, the administrative demands on the employer when petitioning for L visa employees is significantly reduced. 

To be eligible for a Blanket L, the filing company must:

 

• Be engaged in commercial trade or services.
• Have been doing business for 1 year or more.
• Have 3 or more domestic and foreign branches, subsidiaries, or affiliates.
• Have obtained at least ten L-1A or L-1B petition approvals during the previous twelve months; or have US subsidiaries or affiliates with combined annual sales of at least $25 million; or have a US workforce of at least 1,000 employees.

 

In order for your company to obtain a Blanket L1 approval, it will be necessary for the filing company to provide the following documentation to demonstrate eligibility:

 

• evidence that the filing company meets the aforementioned eligibility requirements; and
• evidence that the filing company and the organizations included it is petition are qualifying organizations.

 

The completed Blanket L-1 petition must then be submitted to USCIS for adjudication.

Upon approval of the Blanket L petition, qualified employees can then go straight to a consular post to apply for an L-1A or L-1B visa to work for the US office. An employer is not required to file an individual petition at USCIS prior to the visa interview for Blanket L visa applicants.

Read more about the Blanket L petition here >> 

 

L1 visa RFE

 

Once your L-1 petition is complete, it will be submitted to USCIS for adjudication. If, during the adjudication process, a USCIS officer determines that additional information is needed to render a decision on the case, a Request for Evidence (RFE) may be issued. Such requests vary in length depending on the extent of information and documentation requested. A strong RFE response is essential for any L-1 facing an RFE challenge. NNU Immigration has the experience needed to quickly and efficiently respond to any RFE.

 

Renewing an L1 visa

 

If an employee is performing an executive or managerial role in the United States, they will be allowed to spend seven years in the US in L1 status before they have to return abroad for at least one year before being granted L-1 status again.

If an employee is performing a specialized knowledge role in the United States, they will be allowed to spend five years in the US in L1 status before they have to return abroad for at least one year before being granted L1 status again.

Time spent abroad for more than twenty‑four hours can be “recaptured.” Extensions require updated organisational charts, recent payroll and evidence that the US office now supports the claimed executive, managerial, or specialised knowledge functions.

Many L‑1A managers later pivot to the EB‑1C immigrant classification, leveraging the groundwork laid in the original petition to secure permanent residence without a labor certification.

 

Need assistance?

 

NNU Immigration has the know-how required to meet the onerous and highly complex L-1 application and adjudication process. Our experienced US immigration attorneys support employers and employees on all aspects of L visa transfers, including Blanket L petitions, documentation preparation and preparing L-1 applicants for visa interviews.

For specialist advice from our US immigration experts, contact us.

 

L1 Visa Transfer FAQs

 

Can L1 visa be transferred to another company?

L1 visa holders are allowed to change jobs within the same company or affiliated company within the US. USCIS must be notified of any changes to L1 visa employment.

It would only be possible to start a new job with a different company unrelated to your current L1 visa employer if you have worked for a foreign branch, subsidiary, parent or affiliate of the unrelated company for 1 year within the last 3 years. If you have not previously worked for the new company, you would need to apply for a new US visa, such as the H1-B, to retain lawful status.

 

How long is L-1 transfer valid?

The L1A is valid for up to 7 years, while the L1B visa is valid for up to 5 years. Both routes can lead to US permanent residence.

 

Can I change my L1 visa to H-1B?

If an L1 visa holder is taking up a new job with a new, overseas employer that they haven’t worked for previously, they would need to apply to change their status. In most cases, this means applying for the H1B visa for their new job.

This article does not constitute direct legal advice and is for informational purposes only.