If you are currently working in the United States as an intracompany transferee on an L-1 visa, you may be looking to change job or employer.
In this guide for L1 visa holders, we set out the rules about whether a change of L-1 employer or job is possible, together with other potential visa options that may be more appropriate in your circumstances.
Section A: Can You Change Employer or Job on an L-1 Visa?
L-1 status covers two categories. L-1A is for executives or managers transferred to a US parent, branch, subsidiary or affiliate. L-1B is for employees with specialized knowledge of the petitioner’s products, services or processes. The category can also be used to launch a new US office, with an initial grant of up to one year before extension.
L-1 is employer-specific and organization-specific. Internal promotions or changes in duties with the same petitioner are often possible, but where the change is material an amended petition should be filed and approved to keep status secure. A move to another US entity inside the same qualifying corporate group requires a new L-1 petition and approval before work can begin.
A move to an unrelated US employer is not permitted under L-1. Changing to an outside employer generally needs a different status that allows it. Time limits still apply. L-1B carries a five-year maximum, L-1A carries a seven-year maximum. If moving from L-1B to L-1A, at least six months in the approved managerial or executive role is required to access the seven-year total.
Eligibility foundations remain in play when changing roles or petitioners. The US and foreign entities need to hold a qualifying relationship, and initial L-1 qualification relies on one continuous year of qualifying employment abroad within the three years before filing or admission. Careful timing, correct filings and accurate role definitions are needed to keep within the rules.
Section B: L-1 Visa Transfer – Different Job, Same Employer
If you were originally admitted to the US as a specialized knowledge employee in L-1B status, you may be looking to be promoted into an executive or managerial position with the same employer. Similarly, if you are in the US in either an executive or managerial role, you may be looking to move into a more specialized knowledge role.
In either case, you can move to a different job with the same employer. However, where the change is material, your employer should obtain USCIS approval by filing an amended petition, ideally before the change occurs. USCIS expects notification of material changes in your employment. A material change will usually include a substantial shift in job title or duties, or a change between specialized knowledge and managerial or executive capacity, while a routine raise or bonus on its own will not.
If you have come to the United States on either L-1A or L-1B status to set up a branch or office for your overseas employer, you may be offered a new position to stay on in the US. Provided you will be working for the same employer, you will be able to change your job role. For new-office cases, the initial L-1 validity is one year. At extension, your employer should show that the US operation now supports the qualifying role.
It is worth noting that for L-1B visa holders, whose maximum permissible stay in the US is limited to 5 years, it may be beneficial to move into an executive or managerial role and change to L-1A status, provided you can satisfy the criteria. As an L-1A visa holder, you will be permitted to extend your stay in the US for up to 7 years. However, where you are initially admitted in a specialized knowledge capacity and are later promoted to an executive or managerial position, you should have been employed in that more senior position for at least 6 months, with that change approved, to be eligible for the 7-year total period.
An application to obtain permanent residency in the United States, also known as a green card, can be pursued from L-1A status under the EB-1C employment-based route for multinational managers or executives, but outcomes depend on meeting the evidentiary requirements for a primarily managerial or executive position and the qualifying corporate relationships.
L1 Visa Petition to Change Jobs with the Same Employer
To change jobs with the same employer on an L-1A or L-1B visa, your employer should file an amended L-1 petition with USCIS before the change occurs where there is a material change in the terms of employment. There is no exclusive list of what constitutes a material change, but it is likely to include any substantial change in job title, duties or salary structure. A change from a specialized knowledge role to an executive or managerial role, or vice versa, will almost certainly be classed as a material change.
Other changes that may require an amended petition include a change in the position from full-time to part-time, or a change in worksite location, especially to a different city or town.
Section C: L-1 Visa Transfer – Change of Employer
The options for L-1 visa holders looking to change employer, rather than simply change job with the same employer, are far more limited. Your L-1 is tied to the petitioning employer and the qualifying organization behind it. You cannot accept employment with an unrelated US company and keep L-1 status.
In practice, a move can only proceed if the new US petitioner is within the same qualifying organization. That means the new US entity has a parent, branch, subsidiary or affiliate relationship with the foreign entity that employed you for one continuous year within the relevant three-year lookback. The new employer should obtain USCIS approval of a new L-1 petition before you start work.
If you are approached by a company that is outside your current qualifying group, you cannot “transfer” your existing L-1 to that employer. You would either need that company to sponsor you for a different status, or you would need to qualify for L-1 with that organization based on your one year of qualifying foreign employment for its related foreign entity. Time physically spent in the US generally does not count toward the one-year abroad requirement.
L1 Visa Petition to Change Jobs & Employer
As an L-1 visa holder, you can change to a different job with a different employer only where the new US petitioner is part of a qualifying organization and files a new petition. You cannot transfer the same visa. To start work in the new role, the employer is required to obtain USCIS approval by filing Form I-129 with the L supplement on your behalf.
To qualify, you should have completed a full continuous year of qualifying foreign employment within the three years before the new L-1 filing, and the offered US role should be in an executive, managerial or specialized knowledge capacity. The employer should also show the qualifying corporate relationship and that it is doing business in the US and at least one other country for the duration of your stay. Only once USCIS approves the new petition can you begin work in the new job.
| Situation | Filing type | Who files | When to file | Start-work trigger |
|---|---|---|---|---|
| Promotion from L-1B to managerial or executive role with same petitioner | Amended I-129 requesting L-1A (or at extension with change) | Current petitioner | Before the new role begins | After USCIS approves the amendment |
| Significant change in duties or job title within same capacity (material change) | Amended I-129 | Current petitioner | Before the change takes effect | After USCIS approves the amendment |
| Move to a new primary worksite in a different city, same petitioner | Amended I-129 | Current petitioner | Before the relocation | After USCIS approves the amendment |
| Offsite placement at an unaffiliated client where supervision shifts to the client | Amended I-129 (review eligibility) | Current petitioner | Before the assignment begins | After USCIS approves the amendment |
| Change from full-time to part-time, same petitioner | Amended I-129 | Current petitioner | Before the hours change | After USCIS approves the amendment |
| Pay rise or routine bonus only, no duty or location change | No amendment | Not applicable | Not applicable | Continue under current approval |
| Transfer to another US entity within the same qualifying group | New I-129 L-1 petition | New US petitioner | Before the new employment starts | After USCIS approves the new petition |
| Corporate reorganization that changes qualifying relationships | Amended I-129 or new I-129 (factspecific) | Current or new petitioner | Before or at the effective date | After USCIS approves the filing |
| New-office case, year-one extension with role change | Extension with amendment if role changed | Current petitioner | Before I-94 expiry | Continue prior role while pending if same role, new role after approval |
| Move to an unrelated US employer | New status petition (for example H-1B) | Unrelated employer | Before current status ends | Per new category rules, for H-1B portability work may start on filing if eligible |
Section D: Visa Options to Remain in the US Working for a Different Employer
In most cases, if you want to work for a different employer, one not affiliated to your existing sponsor, you would have to apply for a change of status to a different work visa.
The primary option for a change of employment status for those already in the US on L-1 status is often the H-1B visa, designed for those with a job offer in a specialty occupation. A specialty occupation is one that normally requires at least a bachelor’s degree or equivalent in a specific specialty. It is not limited to STEM fields. Unlike the L-1 visa, the H-1B is not restricted to multinational companies, although there are a limited number of H-1B visas available each fiscal year, subject to a lottery that can significantly reduce your odds of changing status. There is a general quota of 65,000 H-1B visas each year, with an additional 20,000 for those with a US master’s degree or higher.
If you meet the eligibility requirements and your H-1B case is filed, portability provisions allow you to begin working for the new H-1B employer upon the filing of a nonfrivolous Form I-129 with a certified LCA, provided this is done before your period of authorized stay expires. You do not need to wait for approval to start work under portability. Additionally, as with L-1, as the holder of H-1B status you may apply for permanent residency where you meet the relevant requirements.
An alternative option, if you are living in the US with a spouse who is also working with nonimmigrant employment status, is to apply to change status to become the dependent of a spouse. Spouses of E or L nonimmigrants are employment authorized incident to status and can work with a properly annotated I-94, without needing an EAD. Additionally, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1B principal has an approved I-140 or qualifies for AC21-based extensions.
Section E: Losing Your L1 Visa Job
If you are in the US under an L-1 visa and your employment is voluntarily or involuntarily terminated, an up to 60-day discretionary grace period may apply once per authorized validity period. Viable actions within that window include filing a nonfrivolous change of status application, securing a new L-1 petition within the same qualifying organization, or filing for adjustment of status if you are eligible. A “compelling circumstances” employment authorization document is limited to principal beneficiaries of an approved I-140 who meet the regulatory test. If one of these actions occurs within the grace period, your period of authorized stay can extend beyond 60 days even though the original L-1 employment has ended. If you take no action within the grace period, you may need to depart the United States within 60 days, or by your I-94 expiration date, whichever is earlier.
In these circumstances, expert advice is recommended to protect your status, plan timings and avoid unintended unlawful presence.
Section F: Need Assistance?
NNU Immigration are L-1 visa specialists. We advise sponsors and employees on all aspects of the intracompany transfer visa, including guidance on changing employers or job roles while on an L1 visa. For expert advice from our US immigration attorneys, contact us.
Section G: L-1 Visa Change of Employer or Job FAQs
Can I change employers on an L-1 visa?
You cannot move to an unrelated US employer and keep L-1 status. A change can proceed only within the same qualifying organization, and the new US petitioner is required to secure approval of a new L-1 petition before you start work.
Is an L-1 “transfer” to a new employer possible?
An L-1 is not transferable to an unrelated employer. If the new US entity sits within the same qualifying group, it needs to file and obtain approval of a new L-1 petition before you can begin.
Do I need an amended petition for a promotion or role change with the same employer?
File an amendment when the change is material. This includes a shift between specialized knowledge and managerial or executive capacity, significant duty changes, certain corporate restructures, or a move to a new primary worksite that affects eligibility. A routine pay rise alone does not trigger an amendment.
Can I move from L-1B to L-1A to extend my time?
Yes, if the new role is genuinely managerial or executive and USCIS approves the change. To access the seven-year L-1A maximum after time in L-1B, you should have served at least six months in the approved managerial or executive role before reaching the five-year L-1B limit.
What is a “qualifying organization” for L-1 purposes?
A qualifying organization is a parent, branch, subsidiary or affiliate that shares the required ownership and control with the foreign entity where you completed the one continuous year of qualifying employment.
Does time spent in the US count toward the one-year foreign employment requirement?
The one-year must be completed outside the US and generally within the three years before the L-1 filing or admission. Special timing rules can apply if you have been in the US for the qualifying organization in another status.
Can I work at a client site while on L-1B?
Yes, but the petitioner should retain principal control and supervision, and the assignment should relate to the petitioner’s products or services rather than be labor for hire. Review remote or hybrid relocations to new metro areas for amendment needs.
What happens if I lose my L-1 job?
You may be eligible for a discretionary grace period of up to 60 days once per authorized validity period. Within that window you can pursue a change of status, a new L-1 within the qualifying group, or, if eligible, file for adjustment. If no action is taken, departure by the earlier of 60 days or I-94 expiry is expected.
Can my spouse work while I am on L-1?
L-2 spouses are employment authorized incident to status and can work with a properly annotated I-94. An EAD is optional. L-2 children are not employment authorized.
How do L-1 extensions work if my current approval is expiring?
If an on-time extension is filed for the same employer and same classification, you may keep working for up to 240 days past I-94 expiry while USCIS adjudicates. Travel during this period can complicate things, so plan carefully.
Is premium processing available for L-1?
Premium processing is available via Form I-907 for most L-1 filings, with a published fee and a business-day service clock. This can help where project or payroll timelines are tight.
Can I switch from L-1 to H-1B and start work on filing?
If you qualify and an H-1B employer files a nonfrivolous petition with a certified LCA before your current authorized stay ends, portability allows you to start H-1B work on filing. Cap-exempt employers can file year-round and are not subject to the annual cap.
What green card options exist from L-1?
Many L-1A managers and executives pursue EB-1C if corporate and role criteria are met. Others proceed via EB-2 or EB-3 based on the offered role and qualifications. L-1 is dual intent, so pursuing permanent residence does not, by itself, jeopardize L-1 status.
Do mergers or restructures affect my L-1?
They can. The petitioner should preserve qualifying relationships and may need to amend if the change alters eligibility or worksite details. Review corporate changes before they take effect.
Can I recapture time spent outside the US to extend my L-1 stay?
Often yes. Days spent abroad during the L-1 validity can be recaptured with proper evidence, which can help manage five- or seven-year limits. Keep precise travel records and I-94 history.
Is travel advisable while a change of status is pending?
International travel during a change of status can disrupt the filing. If travel is necessary, a consular processing strategy may be more suitable. Confirm the plan before departing the US.
Section H: Glossary
| Term | Definition |
|---|---|
| L-1 visa | A nonimmigrant classification for transfers to a US entity in executive, managerial or specialized knowledge roles within a qualifying organization. |
| L-1A visa | For managers and executives. Maximum stay up to 7 years. If converting from L-1B, at least 6 months in the approved managerial or executive role is needed to access the 7-year total. |
| L-1B visa | For employees with specialized knowledge of the petitioner’s products, services or processes. Maximum stay up to 5 years. |
| Qualifying organization | A parent, branch, subsidiary or affiliate that shares the required ownership and control with the foreign employer and is doing business in the US and at least one other country during the L-1 period. |
| Specialized knowledge | Advanced or proprietary knowledge of the petitioner’s products, services or processes, and how they are applied within the organization or international markets. |
| Managerial capacity | Authority to manage an organization, department or function, supervise professional staff or manage an essential function, and exercise discretion over goals and decisions. |
| Executive capacity | Authority to direct the management of the organization or a major component, set goals and policies, and exercise wide latitude with only general oversight. |
| Employer-sponsored visa | A visa that ties work authorization to the petitioning US employer and, for L-1, to the qualifying corporate group. |
| Change of status | Moving from one nonimmigrant category to another while in the US, if eligible and filed before the I-94 expiry. |
| H-1B visa | A nonimmigrant visa for specialty occupations that normally require at least a bachelor’s degree in a specific specialty. Portability allows work for a new H-1B employer on filing. |
| Form I-129 | Petition for a Nonimmigrant Worker. Used by US employers to request L-1 and other work classifications. |
| USCIS | US Citizenship and Immigration Services, the agency that adjudicates immigration benefits, including L-1 petitions and changes of status. |
| Dual intent | The ability for certain categories, including L-1 and H-1B, to pursue permanent residence while maintaining nonimmigrant status. |
| Petition approval | USCIS approval of the employer’s petition that authorizes the sponsored role and governs the employee’s work authorization and status. |
| Blanket L | A pre-approved framework for large multinationals to file streamlined L-1 cases using Form I-129S. USCIS issues an I-129S approval notice rather than stamping the form. |
| 60-day grace period | Up to 60 days after cessation of employment, once per authorized validity period, to file a qualifying new petition or application and remain in an authorized stay. |
| 240-day rule | If an on-time extension is filed for the same employer and same classification, work may continue for up to 240 days past I-94 expiry while USCIS adjudicates. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.