The L-1 intracompany transfer visa enables companies to deploy key personnel to operations in the US on a temporary basis. Strict eligibility criteria, however, apply for this category and for an employee to be eligible, they must evidence they meet the L-1 visa requirements.

Any L-1 petition will be closely scrutinized by USCIS and, where applicable, by a US consular officer to assess whether the employee and employer satisfy the statutory and evidentiary requirements for the classification, particularly the qualifying relationship between entities, the employee’s prior employment abroad and whether the proposed US role genuinely qualifies as executive, managerial or specialized knowledge employment.

The L1 visa offers many benefits to employers. It is not subject to an annual limit on the number of visas that can be issued in this category, unlike the H-1B, and does not carry with it any educational requirements of the worker.

It is also classed as ‘dual intent’, so L-1 visa holders may become eligible to apply for US permanent residence, also known as a Green Card.

In addition, employers can submit blanket applications when transferring multiple employees, to reduce the administrative burden of making separate individual applications.

However, the L1 visa can be one of the more complex visa petitions and is undoubtedly one of the more heavily scrutinized. USCIS officers are looking for detailed and credible evidence demonstrating that the role genuinely qualifies under the L-1 classification and that the employee has the required managerial, executive or specialized knowledge background.

The application process for the L1 visa is also complex and highly involved. For an application to succeed, substantial and comprehensive supporting documentation will be critical. Comprehensive and well-organized supporting evidence is critical to reducing the risk of delays, Requests for Evidence (RFEs) and petition denials.

NNU Immigration’s US attorneys have substantial experience supporting companies, employees and business owners with US visa applications, including the L-1 visa for intracompany transfers.

Issues or errors at any stage in the application can result in delay or even application refusal, which can be disruptive to business plans and operations. We will work with you to ensure the L1 visa eligibility criteria are satisfied and to advise on you on how best to build and present the application.

Section A: What is an L1 Visa?

The L1 visa is a temporary US work visa for intracompany transfers. It allows a qualifying international business to transfer certain employees from an overseas operation to a related entity in the United States.

Eligibility depends on requirements applying to both the employer and the employee. The businesses must have a qualifying corporate relationship and the employee must have the required period and type of employment overseas and be coming to the US to work in a qualifying role.

The L1 classification can also be used in certain circumstances where an international business is establishing a new office in the United States.

There are two classifications under the L1 visa route: the L1A visa for executives and managers and the L1B visa for employees coming to the US in a specialized knowledge capacity.

Unlike the H-1B visa, the L1 classification is not subject to an annual numerical cap or the H-1B registration selection process. There is also no degree requirement that applies generally to L1 beneficiaries.

L1 status also permits dual intent. An L1 worker can pursue permanent residence without that intention, in itself, being inconsistent with L1 status. However, holding L1 status does not automatically qualify the employee for a Green Card.

Who can use the L1 visa?

The L1 visa is available where a qualifying organization seeks to transfer an eligible employee to a related US operation.

The overseas and US businesses must have a qualifying relationship, such as a parent, subsidiary, branch or affiliate relationship. The employer must also satisfy the applicable requirements for doing business in the US and at least one other country for the duration of the employee’s L1 stay.

For the employee, the general rule requires at least one continuous year of qualifying full-time employment outside the US with a qualifying organization within the relevant three-year period. The qualifying year abroad must have been in a managerial, executive or specialized knowledge capacity.

The proposed US employment must also qualify under the L1 classification. The employee must be coming to the US to work in an executive or managerial capacity under L1A or in a specialized knowledge capacity under L1B. The US role does not have to be identical to the role performed overseas.

The requirements relating to the employer, the employee and the proposed US role are considered together. A senior job title or long service with an international company will not, on its own, establish L1 eligibility.

L1A and L1B visa categories

The appropriate L1 classification depends primarily on the capacity in which the employee will work in the United States.

The L1A visa applies to employees coming to the US to work in an executive or managerial capacity. Managerial capacity can include management of personnel or management of an essential function within the organization.

The L1B visa applies to employees coming to the US in a specialized knowledge capacity. Specialized knowledge can relate to special knowledge of the organization’s products, services, research, equipment, techniques, management or other interests and their application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

The distinction has practical consequences beyond the eligibility test. L1A employees can generally remain in L1 status for a maximum of seven years, while L1B employees are generally limited to five years. Different considerations can also apply when an employee later pursues US permanent residence.

Read our guide to the L1A visa.

Read our guide to the L1B visa.

Is the L1 visa employer-sponsored?

The L1 process is employer-led, but both the employer and employee have separate roles and requirements.

For an individual L1 petition, the employer generally starts the process by filing Form I-129, Petition for a Nonimmigrant Worker, with US Citizenship and Immigration Services (USCIS). Either a US or foreign employer may file the petition, although a foreign employer filing the petition must have a legal business entity in the United States.

The petition has to establish the qualifying relationship between the relevant businesses, the employee’s qualifying overseas employment and the nature of the proposed US role.

Where the employee requires a visa to travel to the United States, the employee then completes the relevant visa application process after petition approval, including submitting Form DS-160 and generally attending a visa interview at a US Embassy or Consulate.

Different procedures apply where an employer has an approved Blanket L petition. Blanket approval can remove the need for the employer to obtain a separate USCIS-approved individual petition before qualifying employees apply for L visas at a US consular post. Blanket approval does not, however, establish that an individual employee qualifies for L1 classification.

The employer’s eligibility, the employee’s eligibility and the proposed US employment therefore remain separate parts of the L1 assessment, even though they form part of the same intracompany transfer.

Section B: L1 Visa Eligibility Requirements

L1 visa eligibility depends on requirements relating to the employer, the employee and the proposed employment in the United States. Meeting the requirements on only one side of the transfer is not sufficient.

The employer must show that the overseas business and the US business are qualifying organizations with the required corporate relationship. The employee must satisfy the overseas employment requirement and the proposed US position must qualify as executive or managerial employment for L1A purposes or specialized knowledge employment for L1B purposes.

USCIS assesses these requirements on the facts and evidence of the individual case. The existence of a multinational group, an eligible employee or a senior job title does not, by itself, establish eligibility for L1 classification.

L1 requirements for the employer

The L1 route is only available where there is a qualifying relationship between the organization for which the employee worked overseas and the organization for which they will work in the United States.

The relevant entities can qualify as a parent, branch, subsidiary or affiliate. The corporate structure must establish the required ownership and control between the businesses rather than merely showing that they have a commercial relationship or work together.

The qualifying organization must also be doing business as an employer in the United States and in at least one other country, directly or through a qualifying organization, for the duration of the employee’s L1 stay. “Doing business” generally means the regular, systematic and continuous provision of goods or services. Merely maintaining an office or an agent is not sufficient.

Different requirements apply where the transfer is being made to establish a new US office. New office applications are considered separately below.

L1 requirements for the employee

The employee must have worked abroad for a qualifying organization continuously for at least one year within the relevant three-year period before the L1 application.

The qualifying overseas employment must have been in a managerial, executive or specialized knowledge capacity. The employee must then be coming to the United States to work for a qualifying organization in an executive or managerial capacity under the L1A visa or in a specialized knowledge capacity under the L1B visa.

The overseas role and the proposed US role do not have to be identical. The relevant issue is whether the employment relied on satisfies the applicable L1 requirements.

No particular nationality, degree or academic qualification is generally required for L1 classification. Eligibility instead turns on the qualifying employment history, corporate relationship and nature of the proposed US role.

Qualifying relationship between the US and overseas companies

A qualifying corporate relationship is a fundamental requirement of the L1 classification. The overseas organization and the US organization must generally be related as a parent, subsidiary, branch or affiliate.

USCIS considers both ownership and control when determining whether the relationship qualifies. Companies operating under the same brand, sharing clients or having contractual arrangements with each other will not qualify solely on that basis.

The required relationship can exist through different corporate structures. What matters is whether the ownership and control of the entities satisfy the L1 rules and can be established through documentary evidence.

Evidence can include incorporation records, share registers, stock certificates, organizational documents, corporate accounts and other records showing how the relevant entities are owned and controlled. Cases involving several holding companies, joint ventures, changes in ownership or corporate restructuring can require closer analysis of whether the qualifying relationship continues to exist.

One year of employment outside the US

The employee generally needs at least one continuous year of qualifying employment abroad with the petitioning employer or another qualifying organization within the three years relevant to the L1 application. USCIS policy confirms the one-continuous-year requirement for L1 intracompany transferees.

The employment relied on must be with the qualifying organization outside the United States and must have been in a managerial, executive or specialized knowledge capacity. The required year cannot be established merely through employment with an unrelated business before joining the multinational group.

The calculation of the three-year period can require closer consideration where the employee has already spent periods in the United States. Time spent in the US does not necessarily break the continuity of qualifying overseas employment, but time physically spent in the US will not generally count toward completing the required year abroad.

Employers should therefore confirm the employee’s dates and locations of employment before filing rather than relying only on their contractual start date or total length of service with the group.

Working for the qualifying organization in the US

The employee must be coming to the United States to provide services to the same employer or to a qualifying parent, branch, subsidiary or affiliate.

For L1A classification, the proposed US employment must be in an executive or managerial capacity. For L1B classification, the proposed employment must involve specialized knowledge. USCIS considers the actual duties and responsibilities of the position rather than relying on the employee’s job title.

The employer therefore needs to show not only that the employee has the required background, but also that the US position itself meets the relevant L1 standard. Organizational structure, reporting lines, decision-making authority, staffing, the nature of the business and the employee’s day-to-day duties can all affect that assessment.

Section C: L1A Visa Requirements

The L1A visa is for intracompany transfers of employees who will work in the United States in an executive or managerial capacity.

Eligibility is determined by the employee’s actual duties and level of authority rather than their job title. Calling a position a director, manager or executive will not establish L1A eligibility if the underlying responsibilities do not meet the relevant requirements.

The employee must also satisfy the general L1 requirements, including the qualifying overseas employment requirement, while the employer must establish the required relationship between the overseas and US organizations.

Executives

Executive capacity generally requires the employee to direct the management of the organization or a major component or function of the organization, establish its goals and policies, exercise wide latitude in discretionary decision-making and receive only general supervision or direction from higher-level executives, the board of directors or stockholders.

The assessment focuses on the employee’s level of authority within the organization and the nature of the decisions they make. An executive would generally be expected to operate at a senior level with substantial discretion rather than spending significant time performing the operational duties of the business themselves.

The size of the organization is relevant but is not determinative on its own. Smaller businesses can qualify for L1A transfers, although the employer still has to show that the nature and scope of the business can support a genuinely executive position.

Managers

Managerial capacity can cover employees who primarily manage other qualifying employees as well as employees who primarily manage an essential function of the organization.

A personnel manager will generally need to manage the organization or a department, subdivision, component or function and supervise and control the work of other supervisory, professional or managerial employees. The position should also involve authority over personnel decisions, such as hiring and dismissal, or recommendations concerning those decisions, together with discretion over the activities for which the employee is responsible.

First-line supervision of nonprofessional employees will not generally qualify as managerial capacity merely because the employee has supervisory responsibilities. USCIS considers the level of the position within the organizational hierarchy, the nature of the employees being supervised and the extent to which the proposed manager will perform operational work personally.

Staffing levels therefore matter, but there is no fixed minimum number of employees that an L1A manager must supervise. The wider organizational structure and reasonable needs of the business are relevant to the assessment.

Function managers

An employee does not necessarily need direct reports to qualify for L1A classification. Managerial capacity can also be established where the employee primarily manages an essential function within the organization.

For a function manager case, the employer must identify the function being managed and show that it is a clearly defined activity that is essential to the organization. The employee must primarily manage that function, operate at a senior level in relation to it and exercise discretion over its day-to-day operation.

Managing an essential function is different from personally performing it. An employee with substantial technical expertise or responsibility for an important project will not qualify as a function manager solely because their work is important to the business. The evidence needs to show that the employee directs and controls the function at the required managerial level rather than principally carrying out its operational tasks.

Evidence of a qualifying L1A role

An L1A petition should provide detailed evidence showing how the employee’s actual responsibilities satisfy the executive or managerial criteria. A job description consisting largely of broad management terminology is unlikely to establish the nature of the role without evidence showing how those responsibilities operate within the business.

Relevant evidence can include detailed descriptions of the employee’s duties, organizational charts, reporting structures, information about subordinate employees, job descriptions for relevant team members and evidence of the employee’s decision-making authority.

For an executive position, the evidence should demonstrate the employee’s position within the senior organizational structure, the scope of their authority and the extent to which they establish policy or make significant decisions with limited supervision.

For a personnel manager, the evidence should explain who the employee manages, the nature and level of those positions and the employee’s authority over the team. For a function manager, the petition should define the function, establish why it is essential to the organization and show how the employee manages that function rather than primarily performing its underlying activities.

Employers should also ensure that the organizational evidence is consistent with the proposed duties. Staffing levels, reporting lines, payroll records and organizational charts that do not support the role described in the petition can raise questions over whether the position genuinely operates at an executive or managerial level.

Section D: L1B Visa Requirements

The L1B visa is for intracompany transfers of employees who will work in the United States in a specialized knowledge capacity.

As with L1A classification, the employer and employee must satisfy the general L1 requirements, including the qualifying corporate relationship and overseas employment requirements. For L1B classification, the employer must also establish that the employee has specialized knowledge and that the proposed US role involves the application of that knowledge.

Specialized knowledge does not depend on a particular job title, academic qualification or occupation. The assessment instead considers the nature of the employee’s knowledge, how it relates to the organization and why it meets the standard required for L1B classification.

What is specialized knowledge?

For L1B purposes, specialized knowledge can mean special knowledge of the organization’s products, services, research, equipment, techniques, management or other interests and their application in international markets. It can also mean an advanced level of knowledge or expertise in the organization’s processes and procedures.

“Special” and “advanced” knowledge are related but distinct concepts. Special knowledge generally refers to knowledge of the petitioning organization’s products, services, research, equipment, techniques, management or other interests that is distinct or uncommon compared with knowledge generally found in the relevant industry. Advanced knowledge generally refers to knowledge or expertise in the organization’s processes and procedures that is greatly developed or further along in progress, complexity and understanding than that generally found within the organization.

The employee does not have to be the only person who holds the relevant knowledge and the knowledge does not have to be proprietary or unique. However, knowledge that is commonly held throughout the organization or readily available within the relevant industry may be more difficult to establish as specialized.

The assessment is fact-specific. Relevant considerations can include the employee’s experience with the organization, training, knowledge of company-specific systems or processes, responsibility for significant assignments and the extent to which the employee’s knowledge would be difficult to impart to another worker without significant economic cost or inconvenience.

Proving specialized knowledge

An L1B petition needs to do more than state that the employee has expertise or extensive experience. The supporting evidence should identify the particular knowledge relied on, explain how the employee acquired it and show why it qualifies as special or advanced within the context of the organization.

Evidence can include detailed descriptions of the employee’s overseas and proposed US duties, employment history, internal training records, responsibility for company-specific systems or methodologies, technical documentation, project records and evidence of experience with the organization’s products, services, processes or procedures.

The employer should also explain how the employee’s knowledge compares with that generally held by other workers within the organization or relevant industry where that comparison supports the case. The length of employment can be relevant, but long service alone does not establish specialized knowledge.

The proposed US assignment should show how the specialized knowledge will actually be used. A detailed explanation of the work to be performed, the business need for the transfer and the relationship between the employee’s knowledge and the proposed duties can be important in establishing that the position qualifies for L1B classification.

L1B employees working at third-party sites

Additional restrictions can apply where an L1B employee will be stationed primarily at the worksite of an employer other than the petitioning organization or its qualifying affiliate, subsidiary, parent or branch.

An L1B employee cannot qualify for placement at an unaffiliated worksite where the employee will principally be under the control and supervision of the unaffiliated employer. The placement can also be problematic where the arrangement is essentially one of providing labor for hire rather than using the employee’s specialized knowledge in connection with the petitioning organization’s products or services.

Working at a client or other third-party location is not prohibited in every L1B case. The employer must be able to show that the petitioning organization retains the required control over the employee and that the off-site assignment is connected with the provision of a product or service for which the employee’s specialized knowledge is relevant.

Where third-party placement is involved, the petition should address who directs the employee’s work, who controls the assignment, the nature of the services being provided and why the employee’s specialized knowledge is required at the third-party location. Contractual arrangements, statements of work and other evidence concerning the relationship between the organizations may also become relevant.

Section E: L1 Visa for a New US Office

The L1 visa can be used where a qualifying overseas business is establishing a new office in the United States and intends to transfer an eligible employee to support the new US operation.

For L1 purposes, a new office is generally an organization that has been doing business in the United States through a parent, branch, affiliate or subsidiary for less than one year.

New office petitions are subject to additional requirements because the US operation may not yet have the staffing, revenue or organizational structure that would normally demonstrate the need for an executive, manager or specialized knowledge employee.

New office L1 petitions can be made under both the L1A and L1B classifications, although different requirements apply depending on the proposed role.

New office requirements for the business

The employer must establish the qualifying relationship between the overseas business and the new US entity and show that the required international business operations will continue during the employee’s L1 stay.

The employer must also show that sufficient physical premises have been secured to house the new US office. The type and scale of premises required will depend on the nature of the business rather than a fixed minimum office size.

For an L1A new office petition, the employer must show that the new US operation will support an executive or managerial position within one year of petition approval. USCIS will consider the proposed nature of the office, the scope of the business, the organizational structure, financial objectives and the size of the US investment when assessing whether the operation is capable of supporting the proposed position.

A new business does not need to have reached its intended staffing or revenue levels when the initial petition is filed. However, the petition should provide credible evidence of how the US operation is expected to develop during its first year.

Requirements for the transferred employee

The employee must satisfy the applicable L1 requirements, including the qualifying overseas employment requirement.

For an L1A new office petition, the employee must have been employed abroad for the required period in an executive or managerial capacity and must be coming to the United States to establish or work in the new operation in an executive or managerial capacity.

The fact that an employee owns the overseas or US business does not, in itself, prevent L1 eligibility. Where the employee is also an owner or major stockholder, however, additional evidence may be required to establish that the proposed US assignment is temporary and that the employee will work as an employee of the organization.

For L1B new office petitions, the employee must meet the specialized knowledge requirements and the employer must establish that it has the financial ability to compensate the employee and commence doing business in the United States.

Premises, business plans and supporting evidence

New office petitions generally require more forward-looking evidence than petitions involving an established US operation because the employer has a limited operating history in the United States.

Supporting evidence can include the lease or other evidence of the US premises, incorporation and ownership records, evidence of investment or capitalization, bank statements, contracts, projected staffing, financial forecasts and information about the products or services the US operation will provide.

A detailed business plan can be particularly important in an L1A new office case. It should explain how the operation will develop during the first year, including anticipated recruitment, organizational structure, revenue-generating activity and how operational duties will be performed as the business grows.

The evidence should be consistent across the petition. For example, projected staffing, financial resources, premises and the proposed organizational structure should support the employer’s claim that the business can develop as described and, for an L1A petition, support a qualifying executive or managerial position within the required period.

Initial period of stay for new office employees

An employee admitted to the United States in L1 status to open or work in a new office is generally granted an initial period of stay of no more than one year, rather than the maximum initial three-year period potentially available in other L1 cases.

Continued L1 employment beyond the first year requires an extension petition. The employer will then need to provide evidence of the US operation as it actually exists, rather than relying principally on projections about how the business was expected to develop.

For an L1A extension, USCIS will assess whether the US operation has developed sufficiently to support the employee in a qualifying executive or managerial capacity. Evidence can include staffing levels, payroll records, financial performance, organizational charts, contracts, business activity and the employee’s actual duties during the first year.

The one-year initial approval period therefore makes the first year of US operations particularly important. Growth does not have to follow the original business plan exactly, but the employer must be able to establish continued eligibility based on the business and role that exist when the extension is requested.

Section F: How to Apply for an L1 Visa

The L1 visa application process requires action by both the employer and the employee. The exact procedure depends on whether the transfer is being made through an individual L1 petition or under an approved Blanket L petition.

For an individual petition, the employer generally starts the process by filing Form I-129 with USCIS. If the petition is approved and the employee requires a visa to travel to the US, the employee then applies for the L1 visa through a US Embassy or Consulate.

An approved USCIS petition does not itself grant a visa or guarantee admission to the United States. Petition approval, visa issuance and admission in L1 status are separate stages of the process.

Step 1: Employer files the L1 petition

For an individual L1A or L1B petition, the employer files Form I-129, Petition for a Nonimmigrant Worker, together with the L Classification Supplement and supporting evidence.

The petition must provide information about the petitioning organization, the qualifying overseas organization and the employee, who is referred to as the beneficiary. It should establish the qualifying relationship between the businesses, the employee’s qualifying overseas employment and how the proposed US role satisfies the requirements for L1A or L1B classification.

The employer should submit supporting evidence with the petition rather than relying on the job title or statements made on Form I-129. The evidence required will depend on the corporate structure, the employee’s role and whether the petition involves an established or new US office.

Different procedures apply to qualifying employees applying under an approved Blanket L petition, which are covered below.

Step 2: USCIS considers Form I-129

USCIS will review the individual petition and supporting evidence to determine whether the employer and employee meet the requirements for L1 classification.

USCIS may approve or deny the petition or issue a Request for Evidence (RFE) where additional evidence is required before a decision can be made.

An RFE can relate to any aspect of L1 eligibility. Common areas of scrutiny include the qualifying relationship between the businesses, the employee’s period of employment abroad, whether an L1A position is genuinely executive or managerial and whether an L1B employee meets the specialized knowledge standard.

If an RFE is issued, the employer must respond within the deadline stated in the notice. USCIS will then resume adjudication based on the petition, the original supporting evidence and the RFE response.

Employers requiring faster USCIS adjudication can request premium processing by filing Form I-907 and paying the applicable fee. Premium processing accelerates USCIS action on the petition but does not increase the substantive prospects of approval or expedite the later consular visa process.

Step 3: Employee applies for the L1 visa

Where the employee is outside the United States and requires an L1 visa, an approved individual petition generally allows them to proceed with the consular application process.

The employee completes Form DS-160, Online Nonimmigrant Visa Application, pays the applicable visa application fee and follows the appointment procedures for the US Embassy or Consulate where the application will be processed.

The employee should retain the DS-160 confirmation page and follow the document requirements issued by the relevant consular post. The petition approval notice and supporting L1 documentation should also be available for the visa application.

Visa appointment procedures and document submission arrangements can differ between consular posts, so applicants should follow the instructions for the specific Embassy or Consulate handling their case.

Step 4: L1 visa interview

Most L1 visa applicants will be required to attend an interview with a US consular officer, subject to the interview requirements and any waiver rules in force at the time of the application.

The consular officer can ask questions about the employee’s employment history, the overseas and US businesses, the relationship between the entities and the duties the employee performed abroad and will perform in the United States.

L1A applicants should be prepared to explain their executive or managerial responsibilities in practical terms. L1B applicants may be questioned about the nature of their specialized knowledge, how it was acquired and why it is relevant to the proposed US assignment.

Consistency between the petition, Form DS-160, supporting documents and the employee’s interview answers is important. An approved petition does not prevent a consular officer from examining visa eligibility or considering whether information presented during the visa application raises an issue requiring further review.

Following the interview, the visa may be issued or the application may be refused. A refusal under section 221(g) may arise where additional documents or information are required or where the application requires administrative processing. The application can later be reconsidered once the outstanding issue or processing has been completed.

Step 5: Entry to the US

Once the L1 visa has been issued, the employee can use it to travel to a US port of entry and request admission in L1 status.

A visa permits the employee to travel to the United States and seek admission, but it does not itself guarantee entry. US Customs and Border Protection makes the admission decision at the port of entry.

If admitted, the employee will be issued an electronic Form I-94 recording their immigration classification and authorized period of stay. The I-94, rather than the expiration date printed on the visa foil, generally controls how long the employee is authorized to remain in the United States in L1 status.

The employee should check the I-94 record after admission to ensure the classification and admission period have been recorded correctly. Any discrepancy should be addressed promptly, since remaining in the US beyond the authorized period can have immigration consequences.

Section G: L1 Blanket Petitions

A Blanket L petition allows qualifying multinational organizations to establish certain corporate eligibility requirements with USCIS in advance, rather than filing a separate individual Form I-129 petition with USCIS for every employee being transferred to the United States.

Blanket approval does not mean that every employee within the organization qualifies for an L1 visa. The employer must satisfy the requirements for Blanket L approval and each employee must separately qualify for the relevant L1 classification.

For organizations making frequent intracompany transfers, the Blanket L process can reduce the time and administration involved in individual transfers, particularly where employees will apply for their visas at a US consular post.

Which employers qualify for Blanket L approval?

Blanket L approval is only available to organizations that meet specific requirements relating to their US operations, corporate structure and business activity.

The petitioner and each qualifying organization included in the blanket petition must be engaged in commercial trade or services. The petitioner must have an office in the United States that has been doing business for at least one year and the organization must have three or more domestic and foreign branches, subsidiaries or affiliates.

In addition, the petitioner and the other qualifying organizations must satisfy at least one of the prescribed size or L1 usage requirements. They must have obtained at least 10 L1 approvals during the preceding 12 months, 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.

The employer must file a blanket petition with USCIS and establish the qualifying relationships between the entities to be covered. Once approved, the blanket petition can be relied on for qualifying transfers involving organizations included within the approved corporate structure.

Which employees can use a Blanket L petition?

Blanket approval does not remove the individual L1 eligibility requirements. The employee must still satisfy the qualifying overseas employment requirement and must be coming to the United States in a qualifying L1 capacity.

Executives and managers who meet the L1A requirements can apply under an approved Blanket L petition.

For L1B employees applying under a Blanket L petition, additional requirements apply. The employee must be a specialized knowledge professional and therefore must meet the specialized knowledge standard as well as qualify as a professional based on the requirements of the Blanket L classification.

An employee who does not qualify to apply under the blanket procedure may still potentially qualify for L1 classification through an individual petition filed with USCIS.

Applying under an approved Blanket L petition

Where an employee is applying for an L1 visa overseas under an approved Blanket L petition, the employer generally does not need to obtain USCIS approval of a separate individual Form I-129 petition for that employee before the consular application.

Instead, the employer completes Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. The employee will also need evidence of the approved blanket petition and supporting documentation establishing their individual eligibility.

The employee then completes Form DS-160, pays the applicable visa fees and follows the L visa application procedure at the relevant US Embassy or Consulate.

The consular officer determines whether the employee qualifies for L1 classification under the approved blanket petition. Approval of the employer’s Blanket L petition therefore does not guarantee issuance of an L1 visa to an individual employee.

Where a person is seeking a change or extension of L status in the United States based on an approved blanket petition, the procedure differs and generally requires filing Form I-129 together with Form I-129S with USCIS.

Individual petition or Blanket L?

The appropriate procedure depends on both the employer’s Blanket L eligibility and the circumstances of the individual transfer.

An individual petition requires the employer to obtain USCIS approval for the particular employee before the employee proceeds with a consular visa application. The petition allows the employer to present the complete L1 case to USCIS, including the corporate relationship and the employee’s individual eligibility.

Under an approved Blanket L petition, qualifying employees applying overseas can generally proceed directly to the consular stage without first obtaining an individual USCIS petition approval. This can make the process more suitable for eligible multinational organizations that transfer employees to the United States regularly.

Blanket processing is not necessarily appropriate for every employee. In particular, the narrower eligibility rules for L1B employees under the blanket procedure can mean that an employee who does not qualify as a specialized knowledge professional under the blanket provisions may still be considered for L1B classification through an individual petition.

Employers should therefore determine both whether the organization qualifies for Blanket L approval and whether the individual employee is suitable for the blanket procedure before deciding which application route to use.

Section H: L1 Visa Documents

An L1 petition must be supported by evidence showing that the employer, employee and proposed US role satisfy the requirements for the relevant L1 classification.

There is no single document checklist that applies to every L1 case. The evidence required will depend on factors such as the corporate structure, whether the petition is for L1A or L1B classification, the employee’s role and whether the US operation is established or a new office.

The supporting documents should collectively establish the qualifying relationship between the overseas and US organizations, the employee’s qualifying employment abroad and the nature of the proposed US employment. USCIS also expects the evidence to show how the facts of the case meet the relevant L1 requirements rather than simply providing a large volume of corporate records without explanation.

Documents from the employer

The employer will generally need to provide evidence relating to both the overseas organization and the US organization.

Corporate documents can include articles or certificates of incorporation, business licenses, corporate bylaws, ownership records, stock certificates, annual accounts, tax filings and other documents showing that the relevant businesses are legally established and operating.

Evidence of business activity can include financial statements, contracts, invoices, bank records, payroll records, tax filings, marketing materials and other records showing the nature and scale of the organization’s operations.

Organizational charts can also be important, particularly where the petition relies on an executive or managerial position. The charts should accurately show the employee’s position within the business, reporting lines, subordinate roles and the wider organizational structure relevant to the proposed transfer.

The evidence required will vary according to the business. An established multinational with extensive operating history may rely on different documentation from a smaller group or a company opening its first US operation.

Documents from the employee

The employee’s documents should establish their identity, employment history and qualifications for the proposed L1 role.

Relevant evidence can include a current resume or CV, employment verification letters, payroll records, tax records, employment contracts and other documentation confirming the employee’s qualifying period of work outside the United States.

The evidence should identify the overseas employer, dates of employment and the nature of the employee’s duties. Where the employee has held several roles within the group, the supporting documents should make clear which employment is being relied on to satisfy the L1 requirements.

For the later consular visa application, the employee will generally also need their passport, Form DS-160 confirmation page and the applicable petition documentation. Applicants should follow the specific document instructions issued by the US Embassy or Consulate handling the visa application.

Evidence of the qualifying corporate relationship

The employer must show that the overseas and US organizations have a qualifying parent, branch, subsidiary or affiliate relationship.

The evidence required will depend on the ownership structure. Relevant documents can include incorporation records, share registers, stock certificates, partnership agreements, annual reports, corporate resolutions and other records showing ownership and control of the entities.

Where ownership passes through one or more intermediate companies, the evidence should trace the corporate relationship through the relevant entities rather than only documenting the overseas and US companies in isolation.

Additional evidence may be required for more unusual structures, including joint ventures, partnerships, businesses with several classes of shares or organizations that have undergone mergers, acquisitions or other ownership changes. USCIS examines ownership and control when determining whether the required qualifying relationship exists.

Evidence for L1A and L1B roles

The evidence relating to the employee’s role will differ significantly between L1A and L1B petitions.

For an L1A petition, the employer should provide detailed evidence of the employee’s executive or managerial responsibilities. Relevant documents can include organizational charts, job descriptions, information about subordinate employees, reporting structures and evidence showing the employee’s authority and position within the organization. USCIS guidance specifically considers how the position relates to the organization’s strategic or operational goals when assessing managerial and executive roles.

For personnel managers, the evidence should show the nature and level of the employees being managed and the beneficiary’s authority over their work. For function managers, the documentation should identify the function being managed, explain why it is essential to the organization and show that the employee primarily manages the function rather than personally performing its operational activities.

For an L1B petition, the evidence should identify the specialized knowledge relied on and explain how the employee acquired and applies that knowledge. Relevant documentation can include training records, technical materials, project histories, evidence of responsibility for company-specific processes or systems and detailed descriptions of the employee’s overseas and proposed US duties.

The employer should avoid relying solely on generic job descriptions or statements that the employee is highly skilled or important to the business. The evidence should explain the particular executive, managerial or specialized knowledge characteristics relied on and connect them directly to the work the employee will perform in the United States.

Consistency across the documents is also important. Job descriptions, organizational charts, payroll records, employment letters and corporate documents should support the same account of the employee’s role and the organizational structure presented in the petition.

Section I: How Much Does an L1 Visa Cost?

The cost of an L1 visa depends on the type of petition, the size and circumstances of the employer, whether premium processing is requested and whether the employee is applying for a visa at a US Embassy or Consulate.

Some fees relate to the employer’s Form I-129 petition, while others arise when the employee applies for the L1 visa. Additional fees can apply depending on the employer and the applicant’s nationality.

Employers should calculate the applicable fees before filing. USCIS can reject a petition where the correct filing fees are not submitted.

Employer petition filing fees

For an individual L1 petition, the employer must pay the applicable fee for filing Form I-129, Petition for a Nonimmigrant Worker.

The Form I-129 filing fee for an L petition is $1,385. A reduced fee of $695 applies to qualifying small employers and nonprofit organizations. For fee purposes, a small employer generally has 25 or fewer full-time equivalent employees in the United States.

Most employers filing Form I-129 must also pay the Asylum Program Fee. The standard fee is $600, reduced to $300 for qualifying small employers. Nonprofit organizations are exempt from the Asylum Program Fee.

A $500 Fraud Prevention and Detection Fee also applies to certain L1 filings, including an employer seeking an initial grant of L1 status for a beneficiary. Different rules apply to extensions and other subsequent filings.

Employee visa application fees

An employee applying for an L1 visa at a US Embassy or Consulate generally pays the nonimmigrant visa application fee for a petition-based temporary worker visa. The current MRV application fee is $205.

The visa application fee is separate from the employer’s USCIS petition fees and is generally non-refundable, including where the visa application is refused.

A visa issuance or reciprocity fee may also apply after approval depending on the applicant’s nationality. The amount, if any, is determined under the Department of State reciprocity schedule.

The MRV fee does not apply where an employee is seeking only a change to L1 status from within the United States and is not applying for a visa at a US consular post.

Premium processing fee

Employers can request premium processing for eligible L1 petitions by filing Form I-907, Request for Premium Processing Service, and paying the applicable premium processing fee.

Premium processing requires USCIS to take qualifying adjudicative action within the applicable premium processing period. The service applies to USCIS adjudication of the petition and does not expedite a later visa interview, administrative processing or admission to the United States.

Premium processing also does not guarantee approval. USCIS can approve or deny the petition or take another qualifying adjudicative action, such as issuing a Request for Evidence, within the premium processing period.

Additional L1 fees

Certain employers are subject to an additional $4,500 9-11 Response and Biometric Entry-Exit Fee under Public Law 114-113. It applies to employers with 50 or more employees in the United States where more than 50% of those employees are in H-1B or L-1 nonimmigrant status. From September 9, 2026, the fee also applies to extension-of-stay petitions filed by covered employers, including same-employer extensions. An amended petition that does not request an extension of stay is not subject to the fee under this rule.

The Fraud Prevention and Detection Fee, Public Law 114-113 fee and Asylum Program Fee do not apply to every L1 filing in the same way. The employer should determine which fees are due based on the type of petition and its circumstances at the time of filing.

Applicants may also be subject to nationality-based visa issuance fees under the Department of State reciprocity schedule.

The US Visa Integrity and Security Fee has been enacted in federal law but implementation and collection depend on the applicable federal procedures. Applicants should check the fee requirements in force when the visa application is made rather than assuming the fee is payable solely because it appears in the legislation.

USCIS and Department of State fees can change. Employers and applicants should check the official fee requirements applicable on the date of filing or visa application before making payment.

Section J: How Long Does an L1 Visa Take?

L1 visa processing times depend on how the application is made, whether the employer uses premium processing and, for applicants applying overseas, appointment availability and processing at the relevant US Embassy or Consulate.

There is no single processing time for an L1 visa. An individual case can involve separate USCIS petition and consular processing stages, while employees applying under an approved Blanket L petition may follow a different process.

Employers should therefore plan around each stage of the transfer rather than relying on a single estimated timeframe for the entire L1 process.

USCIS petition processing

For an individual L1 petition, the employer generally has to obtain USCIS approval of Form I-129 before an employee who requires a visa can proceed with the consular visa application.

USCIS processing times vary according to the service center handling the petition and current caseload. Employers should check current USCIS processing information when planning the transfer rather than relying on historic averages.

Processing can take longer where USCIS issues a Request for Evidence (RFE). The employer will need to prepare and submit its response within the deadline stated in the notice before USCIS can complete adjudication.

Petition preparation time should also be factored into the overall timeline. L1 petitions can require substantial corporate, employment and organizational evidence, particularly where the corporate structure is less straightforward or the case involves an L1A function manager, L1B specialized knowledge employee or new US office.

Premium processing

Premium processing is available for eligible L1 petitions and can be requested by filing Form I-907 and paying the applicable fee.

Under premium processing, USCIS must take qualifying adjudicative action on an eligible L1 Form I-129 petition within 15 business days. That action can include approving or denying the petition, issuing a Request for Evidence or taking another qualifying action on the case.

If USCIS issues an RFE or Notice of Intent to Deny, the premium processing period stops. A new premium processing period begins when USCIS receives a complete response to the request or notice.

Premium processing only accelerates USCIS adjudication. It does not provide an expedited visa appointment, guarantee faster consular processing or prevent a visa application from being placed into administrative processing.

Consular processing and interview times

Once an individual petition has been approved, an employee applying overseas generally has to complete Form DS-160 and follow the visa appointment procedure at the relevant US Embassy or Consulate.

Appointment availability varies by consular post and can change according to demand, staffing and local conditions. The time required after interview can also vary. Some applications can proceed to visa issuance relatively quickly, while others require additional documentation or administrative processing.

Employers should therefore avoid treating USCIS petition approval as the end of the immigration timeline. Where the employee needs an L1 visa before travelling to the US, the proposed start date should also allow for the consular stage and return of the employee’s passport following visa issuance.

Blanket L processing

Employees applying overseas under an approved Blanket L petition generally do not need the employer to obtain a separate USCIS-approved individual petition before the visa application.

The employee can instead proceed through the applicable consular process using Form I-129S and evidence of the approved Blanket L petition, together with the other documents required for the visa application.

A Blanket L petition can therefore remove the individual USCIS petition stage from an overseas transfer, but it does not guarantee faster visa issuance. Appointment availability, the consular officer’s assessment of the employee’s eligibility and any additional processing can still affect the overall timeframe.

Section K: How Long Can You Stay in the US on an L1 Visa?

The period an employee can remain in the United States in L1 status depends on whether they hold L1A or L1B classification, whether the transfer involves a new office and how much time they have already spent in the US in L or H status.

L1 status is temporary and subject to maximum periods of stay. An employee may be able to extend their stay while the qualifying employment continues, but extensions cannot generally take the employee beyond the applicable maximum unless an exception applies or time spent outside the US can be recaptured.

Initial L1 period of stay

An employee transferring to an established US operation can generally be admitted in L1 status for up to three years.

Where the employee is coming to the United States to open or work in a new office, the initial period of stay is limited to a maximum of one year.

The period for which an individual employee is authorized to remain in the United States is recorded on Form I-94. The I-94 expiration date should not be confused with the expiration date of the L1 visa in the employee’s passport. The visa is principally a travel document used to seek admission, while the I-94 generally records the employee’s authorized period of stay following admission.

L1A maximum stay

Employees in L1A status can generally remain in the United States for a maximum of seven years.

After the initial period of stay, qualifying L1A employment can generally be extended in increments of up to two years until the seven-year maximum is reached.

Continued eligibility must be established when an extension is requested. The employer must continue to have the required qualifying organization and the employee must continue to work in a qualifying executive or managerial capacity.

For employees initially admitted in connection with a new office, an extension after the first year will require evidence that the US operation has developed sufficiently to support the qualifying L1A role.

L1B maximum stay

Employees in L1B status can generally remain in the United States for a maximum of five years.

An L1B employee initially admitted for up to three years can generally obtain an extension of up to two additional years, provided the requirements for L1B classification continue to be met.

An employee may in some circumstances move from L1B to L1A classification. However, changing classification does not automatically provide a new seven-year period. To qualify for the L1A seven-year maximum, the employee generally must have been employed in a managerial or executive capacity for at least six months before reaching the five-year maximum period of stay and the change to managerial or executive capacity must have been notified to USCIS through an amended, new or extended petition as required.

L1 visa extensions

An employer seeking to continue an employee’s L1 stay beyond the period currently authorized generally files an extension petition with USCIS before the employee’s existing status expires.

An extension is not automatic. The employer and employee must continue to satisfy the applicable L1 requirements and the petition must establish the continuing qualifying relationship, qualifying employment and L1A or L1B role.

Changes that have occurred since the original petition can affect the extension. These can include changes to the employee’s duties, reporting structure, work location or the ownership and structure of the qualifying organizations.

Different evidential considerations apply to new office extensions because USCIS can assess how the US business has actually developed during the initial year of operations.

See our detailed guide to L1 visa renewals and extensions.

Recapturing time spent outside the US

The L1 maximum period of stay is generally based on time physically spent in the United States in the relevant status. Time spent outside the US during an L1 assignment can therefore potentially be added back, or “recaptured”, when calculating how much L1 time remains available.

For example, an employee who has spent substantial periods working overseas or travelling outside the United States during an L1 assignment may not have used the full five-year or seven-year maximum even if that amount of calendar time has passed since the original L1 admission.

An employer requesting recapture should provide evidence of the employee’s periods outside the United States. Relevant records can include passport entry and exit stamps, travel records, flight itineraries and other documentation establishing the dates the employee was physically outside the US.

Once the applicable maximum has been exhausted, an employee will generally need to spend one continuous year outside the United States before becoming eligible for a new period of L status, subject to the rules and exceptions applying to the individual’s circumstances.

Section L: L2 Visas for Dependants

The spouse and unmarried children under the age of 21 of an L1 visa holder can generally apply for L2 classification to accompany or join the principal L1 employee in the United States.

L2 status is dependent on the principal employee maintaining valid L1 status. The period of admission for an L2 dependant will generally be linked to the period of authorized stay of the L1 employee.

Dependants applying from outside the United States will generally need to make their own visa applications and provide evidence of their relationship to the principal L1 applicant or visa holder.

See our detailed guide to the L2 visa for spouses and dependent children.

Which family members qualify for L2 status?

L2 classification is available to the legal spouse of an L1 visa holder and their unmarried children under 21.

Evidence of the qualifying family relationship will generally be required, such as a marriage certificate for a spouse or birth certificate for a child.

Unmarried partners do not qualify for L2 status solely on the basis of their relationship with the L1 employee. Where a marriage is relied on, it must generally be legally valid for US immigration purposes.

L2 children can remain in dependent status only while they remain unmarried and under 21. A child who marries or reaches the age of 21 will generally cease to qualify for L2 status and may need to obtain another immigration status to remain in the United States.

Can an L2 spouse work in the US?

Qualifying L2 spouses are employment authorized incident to their valid L2S nonimmigrant status. They do not need USCIS to approve a separate employment authorization application before they are permitted to work.

US Customs and Border Protection generally designates qualifying spouses as L-2S on Form I-94. An unexpired Form I-94 showing L-2S status can be used as evidence of employment authorization for Form I-9 purposes in accordance with the applicable employment verification rules.

An L2 spouse may still choose to apply for an Employment Authorization Document in certain circumstances, but an EAD is not required to establish the underlying right to work where the spouse has valid employment-authorized L2S status.

The distinction between spouses and children is important. L2 dependent children are not employment authorized incident to their status.

Can L2 children study in the US?

L2 children can attend school or undertake other study in the United States while maintaining valid L2 status. They do not generally need to change to F1 student status solely because they are studying.

The same principle can allow an L2 spouse to undertake study while in valid L2 status.

For children approaching the age of 21, immigration planning may be required if they intend to remain in the United States after they cease to qualify for L2 status. Depending on their circumstances, this could involve changing to another nonimmigrant classification, such as F1 student status, before their L2 eligibility ends.

See our detailed guide to the L2 visa for spouses and dependent children.

Section M: L1 Visa to Green Card

The L1 visa is a dual intent nonimmigrant classification. An L1 visa holder can pursue permanent residence in the United States without the intention to immigrate, in itself, preventing them from holding or applying for L1 status.

However, an L1 visa does not automatically lead to a Green Card. The employee must separately qualify under an immigrant visa category and complete the applicable permanent residence process.

The options can differ significantly between L1A managers and executives and L1B specialized knowledge employees. The employee’s L1 classification does not, on its own, determine which employment-based Green Card categories may be available.

Can L1 visa holders apply for a Green Card?

Yes. An L1 visa holder can pursue permanent residence while continuing to hold L1 status, provided they remain eligible for that status.

The appropriate Green Card route depends on the employee’s circumstances, including their role, qualifications, employment history and the requirements of the proposed permanent position.

Employment-based options can include EB-1C for qualifying multinational managers and executives and, depending on the circumstances, other immigrant classifications such as EB-1, EB-2 or EB-3.

The employee may ultimately obtain permanent residence through adjustment of status in the United States, where eligible, or through immigrant visa processing overseas.

L1A to EB-1C

For some L1A managers and executives, the EB-1C multinational manager or executive classification can provide a route to permanent residence.

EB-1C has similarities with L1A but it is a separate immigrant classification with its own eligibility requirements. Holding L1A status does not automatically establish eligibility for EB-1C.

Among other requirements, the prospective US employer must have been doing business in the United States for at least one year and must have the required qualifying relationship with the overseas organization. The beneficiary must also satisfy the applicable qualifying overseas employment requirements and be coming to work, or already working, in the United States in a qualifying managerial or executive capacity.

One significant feature of EB-1C is that the employer does not have to obtain PERM labor certification before filing the immigrant petition.

The similarity between the L1A and EB-1C criteria can make the route particularly relevant to multinational managers and executives, but the permanent residence case should be assessed separately against the EB-1C requirements.

Green Card options for L1B employees

L1B status does not have a directly corresponding immigrant classification equivalent to the relationship between L1A and EB-1C.

An L1B employee may potentially qualify under a number of employment-based immigrant categories depending on their qualifications, proposed permanent position and other circumstances.

Common employer-sponsored routes include EB-2 and EB-3. These categories will often require the employer to complete the PERM labor certification process before filing an immigrant petition, unless the case falls within an exemption from labor certification or the employee qualifies through another immigrant category.

PERM requires the sponsoring employer to complete a prescribed recruitment and labor certification process before the immigrant petition is filed. The process is separate from the L1B petition and specialized knowledge under L1B does not, in itself, remove the PERM requirement.

Some L1B employees may qualify for other permanent residence routes that do not require PERM, depending on their individual circumstances. L1B holders should therefore not assume that EB-2 or EB-3 with PERM is the only available route.

Timing can be particularly important for L1B employees because L1B status is generally subject to a five-year maximum period of stay. The availability of an approved employment-based immigrant petition does not generally provide the same extensions beyond the L1 maximum that can be available to certain H-1B workers.

Read our detailed guide to the L1 visa to Green Card process.

L1 dual intent

Dual intent allows an L1 visa applicant or visa holder to have an intention to remain temporarily in the United States while also pursuing lawful permanent residence.

Unlike some nonimmigrant classifications, L1 applicants are not required to establish a foreign residence that they have no intention of abandoning as a condition of L classification.

An L1 employee can therefore be the beneficiary of an immigrant petition or pursue adjustment of status without that fact alone being inconsistent with L1 status.

Dual intent does not remove the other requirements of the L1 classification. Until permanent residence is obtained, the employee must continue to comply with the conditions of L1 status and remain within the applicable period of authorized stay.

See our guide to L1 visa dual intent for further information.

Section N: L1 Visa Refusals, Denials and RFEs

An L1 case can encounter problems at different stages of the process. USCIS may request further evidence or deny an individual L1 petition, while a US consular officer can refuse a visa application even where USCIS has previously approved the underlying petition.

The distinction matters because the reasons for the decision, the authority making it and the available options will depend on whether the issue concerns the petition or the visa application.

L1 cases can attract detailed scrutiny because eligibility depends on factual assessments of the corporate relationship, the employee’s employment history and the nature of the overseas and proposed US roles.

USCIS Requests for Evidence

USCIS may issue a Request for Evidence (RFE) where it determines that additional evidence is required before it can decide an L1 petition.

An RFE does not mean that the petition has been denied. It identifies issues USCIS considers insufficiently established on the existing record and gives the petitioner a deadline to provide additional evidence.

For L1A petitions, questions can arise over whether the proposed position genuinely involves executive or managerial duties, whether a manager primarily supervises qualifying personnel or whether a claimed function manager actually manages an essential function rather than performing its underlying work.

For L1B petitions, USCIS may seek further evidence about the nature of the employee’s knowledge, why it qualifies as special or advanced and how that knowledge will be used in the proposed US role.

RFEs can also concern the qualifying relationship between the entities, the employee’s qualifying period of employment abroad or the viability and organizational structure of a new US office.

The employer should address the issues raised in the RFE directly and provide the requested evidence within the stated deadline. The response should also remain consistent with the facts and representations in the original petition.

Reasons an L1 petition may be denied

USCIS can deny an L1 petition where the employer has not established eligibility for the classification by the applicable standard of proof.

A petition may fail where the evidence does not establish the required ownership and control between the US and overseas entities, the employee does not satisfy the qualifying overseas employment requirement or the proposed position does not meet the L1A or L1B standard.

For L1A cases, problems commonly arise where the evidence indicates that the employee will primarily perform operational or production duties rather than qualifying executive or managerial duties. Organizational charts and job descriptions that do not support the claimed level of authority can also undermine the petition.

For L1B cases, describing an employee as highly skilled, experienced or important to the business is not sufficient on its own. The petition must establish that the employee has specialized knowledge within the meaning of the L1B classification and that the proposed US employment requires that knowledge.

New office petitions can face additional issues where the business plan, investment, premises, projected staffing or other evidence does not support the proposed US operation or, for L1A, does not show that the business will support an executive or managerial position within the required period.

Reasons an L1 visa may be refused

Approval of an individual L1 petition by USCIS does not guarantee that an L1 visa will be issued. Visa eligibility is considered separately by the Department of State during consular processing.

A consular officer can question the applicant about the qualifying employment, the relationship between the businesses, the proposed US role and other matters relevant to visa eligibility. Material inconsistencies between the petition, Form DS-160, supporting documents and the employee’s interview answers can create problems.

A visa application may also be refused under grounds that are separate from the substantive L1 classification requirements. These can include grounds of inadmissibility or cases where the officer requires additional information or further review before determining whether a visa can be issued.

Some applications are refused under section 221(g) of the Immigration and Nationality Act while additional documents, information or administrative processing are outstanding. A 221(g) refusal does not necessarily mean that the applicant has received a final substantive denial of the L1 visa.

Applicants applying under an approved Blanket L petition should be particularly aware that the blanket approval establishes the qualifying corporate framework but does not constitute advance approval of the individual employee’s L1 eligibility. The consular officer assesses whether the employee qualifies under the blanket provisions.

What happens after an L1 refusal or denial?

The appropriate response depends on what has happened to the case and why.

Where USCIS denies an individual L1 petition, the employer should review the written decision to determine the grounds for denial and the available procedural options. Depending on the circumstances, these may include filing a motion, pursuing any available appeal or filing a new petition addressing the issues that resulted in the denial.

A consular visa refusal requires a different assessment. Where the case has been refused under section 221(g) pending additional information, the applicant may be able to provide the requested documents and allow the consular post to continue processing the existing application.

Where the refusal involves a finding of inadmissibility or another substantive ground, the consequences and available options will depend on the particular provision relied on. In some cases a waiver may be available, while in others a new application will not resolve the underlying issue.

Employers should also consider the operational consequences of an adverse decision. Filing another petition or visa application may not fit the original transfer timetable and simply submitting the same evidence again without addressing the reason for the earlier decision can result in the same issue recurring.

Section O: Changing Employer on an L1 Visa

L1 status is based on employment within a qualifying multinational organization. It does not provide unrestricted authorization to work for any employer in the United States.

The employee’s ability to continue working in L1 status therefore depends on both the employment arrangement and the qualifying relationship between the relevant organizations. Changes to the employee’s role, employing entity or the corporate structure can affect continued L1 eligibility.

Can an L1 employee work for another company?

An L1 employee cannot generally leave the qualifying organization and take employment with an unrelated US employer while continuing to rely on their existing L1 status.

The L1 classification is specifically based on intracompany employment between qualifying organizations. A move to an unrelated employer would therefore generally require the employee to qualify for another US immigration classification that permits the proposed employment.

Movement between entities within the same multinational group can be possible where the new employing entity has the required qualifying relationship and the employee continues to satisfy the applicable L1A or L1B requirements. Depending on the circumstances, the change may require a new or amended petition to be filed with USCIS.

Employers should assess immigration implications before implementing a change in employing entity, duties or organizational reporting lines rather than assuming that continued employment somewhere within the wider corporate group automatically preserves L1 eligibility.

Corporate restructuring, mergers and acquisitions

A merger, acquisition, disposal, internal reorganization or other change in corporate ownership can affect an L1 employee where it changes the qualifying relationship on which the L1 classification is based.

The relevant question is whether the required qualifying relationship between the overseas and US organizations continues after the transaction. A change in corporate structure does not necessarily end L1 eligibility, but the post-transaction ownership and control arrangements need to be assessed against the L1 requirements.

Transactions can also affect approved Blanket L petitions where entities are added to, removed from or reorganized within the qualifying corporate group.

Immigration due diligence should therefore form part of transaction planning where the affected workforce includes L1 employees. Identifying changes only after a transaction has completed can leave employers with employees whose petition documentation no longer accurately reflects the corporate or employment arrangements.

Loss of employment and the L1 grace period

An L1 employee who ceases qualifying employment may be eligible for a discretionary grace period of up to 60 consecutive calendar days or until the end of their existing authorized period of stay, whichever is shorter.

The grace period is not an additional period of L1 employment authorization. An employee who has stopped working for the qualifying employer cannot use the grace period to begin working for an unrelated employer without obtaining the immigration authorization required for that employment.

During the available period, the employee may be able to take steps to remain lawfully in the United States, such as seeking a change to another eligible nonimmigrant status. Alternatively, the employee may need to depart the US before the permitted period expires.

The full 60 days should not be assumed to be available in every case. The maximum period is shortened where the employee’s existing authorized stay expires sooner and the regulations give the Department of Homeland Security discretion in applying the grace period.

Where L1 employment is ending, the employee’s Form I-94 expiration date, the date employment ceased and any proposed change of status should therefore be reviewed promptly.

Summary

The L1 visa offers both employers and employees multiple advantages. For the employer, the ability to deploy key personnel to US-based operations can be highly valuable, while for the individual, the opportunity to work and live in the US brings both personal and professional benefits.

However, strict criteria apply. One of the key considerations for applicants is that the company must have a qualifying relationship between the foreign and US offices, such as a parent, subsidiary, or affiliate. Employees must also have worked for the company for at least one year in the past three years before applying.

Section L: Need Assistance?

L1 applications require the employer and employee to satisfy separate but connected requirements. Issues with the corporate relationship, qualifying overseas employment or the proposed US role can result in an RFE, petition denial or problems during consular processing.

NNU Immigration’s US immigration attorneys advise multinational businesses and employees on L1 visa applications, including L1A and L1B petitions, new office applications, Blanket L transfers and L1 extensions.

For advice on L1 eligibility or support with an application, contact us for more advice or book a fixed-fee telephone consultation to speak directly with one of our US immigration attorneys.

L1 Visa FAQs

What is an L1 visa?

The L1 visa is a nonimmigrant work visa that allows qualifying multinational organizations to transfer eligible employees from an overseas operation to a related US parent, branch, subsidiary or affiliate. L1A classification is for executives and managers, while L1B classification is for specialized knowledge employees.

What are the main L1 visa requirements?

L1 eligibility depends on requirements relating to both the employer and employee. The overseas and US organizations must have a qualifying corporate relationship and meet the applicable doing business requirements. The employee must have the required qualifying employment abroad and must be coming to the US to work in a qualifying L1A or L1B capacity.

Do you need a degree for an L1 visa?

There is no general degree requirement for L1 classification. Eligibility is based primarily on the qualifying corporate relationship, the employee’s employment history and whether the proposed US position meets the L1A executive or managerial requirements or the L1B specialized knowledge requirements.

Is there a minimum salary for an L1 visa?

The L1 classification does not have the prevailing wage requirement that applies to H-1B employment. However, the employee must be employed in a genuine qualifying position and the terms of employment and compensation can form part of the wider evidence considered in assessing the credibility of the proposed role.

How long can you stay in the US on an L1 visa?

L1A employees can generally spend a maximum of seven years in L1 status, while L1B employees are generally limited to five years. Employees transferring to an established US operation can generally receive an initial period of stay of up to three years, while new office cases are generally limited to an initial period of one year.

Can an L1 visa holder apply for a Green Card?

Yes. L1 is a dual intent classification, so an employee can pursue permanent residence without that intention, in itself, being inconsistent with L1 status. L1A managers and executives may qualify for EB-1C where the separate requirements of that immigrant classification are met. L1B employees may have employment-based or other Green Card options depending on their circumstances.

Can an L1 visa holder bring their family to the US?

The spouse and unmarried children under 21 of an L1 employee can generally apply for L2 classification. Qualifying L2 spouses are employment authorized incident to valid L2S status, while L2 children are not employment authorized on the basis of their dependent status.

Can an L1 visa holder change employer?

An L1 employee cannot generally move to an unrelated employer and continue working under the existing L1 classification. L1 status is based on employment within a qualifying multinational organization. A move to an unrelated employer would generally require another immigration classification authorizing the new employment.

Is there an annual cap on L1 visas?

No. L1 visas are not subject to an annual numerical cap or lottery. An employer can file an eligible L1 petition when required, although the employer, employee and proposed employment must satisfy the applicable requirements.

Can a company use an L1 visa to open a US office?

Yes. The L1 classification can be used by a qualifying overseas organization establishing a new US office. Additional requirements apply, including evidence of suitable premises and, for an L1A new office petition, evidence that the US operation will support a qualifying executive or managerial position within one year. The initial period of stay in a new office case is generally limited to one year.

Which is better, L1A or L1B?

Neither classification is inherently better. The correct category depends on the proposed US role and the employee’s eligibility. L1A applies to qualifying executives and managers and allows a maximum stay of seven years. L1B applies to specialized knowledge employees and generally allows a maximum stay of five years.

Does an approved L1 petition guarantee a visa?

No. USCIS approval of an individual L1 petition does not guarantee that a visa will be issued. Where a visa is required, the employee must separately apply through the Department of State and establish visa eligibility. A visa also allows the holder to seek admission to the US rather than guaranteeing entry.

Section N: Glossary

Additional Resources