L1 Visa: Ultimate Guide to US Intracompany Transfers

 
For Expert L1 Visa Application Support, Contact Our Experienced L1 Visa Lawyers
 

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 L-1 visa is for qualifying employees of an international company to transfer to a parent, branch, affiliate or subsidiary of the same company in the United States. It can also be used for professional employees coming to the US to set up a new affiliated office.

There are also two different categories of L1 visa: the L1A visa and the L1B visa. The L1A visa is for professional employees working in an executive or managerial capacity. The L1B visa is for employees with specialized knowledge about a company’s products, services and procedures.

In either case, the employee must have worked for the qualifying organization abroad in a managerial, executive or specialized knowledge capacity for at least one year out of the preceding three years and intend to undertake the same or similar role in the United States.

The initial period of stay is generally up to three years for both L-1A and L-1B classifications. Transferees entering the US to establish a new office will be granted a maximum initial stay of one year, initially at least.

Beyond this initial 3-year period, it is possible to apply to extend the L-1 visa in increments of up to an additional two years until the employee has reached the maximum limit of seven years for the L-1A visa and a maximum of five years under an L-1B visa.

Before an employee can apply to obtain an L1 visa, their employer has to file an L1 visa petition with US Citizenship and Immigration Services (USCIS) on behalf of the employee. The petitioner may be a US company or a foreign company.

Global companies requiring multiple transfers to the US may qualify for the ‘Blanket L’ petition. The Blanket L acts as continuing evidence of a company’s qualifying relationship, facilitating a faster transfer of qualifying employees under the L1 category.

1. L1 Visa Benefits

This visa category is an essential tool for global companies looking to transfer key personnel to the US to enhance operations, provide expertise, or oversee essential functions or departments.

L-1 visas are potentially open to employees of companies based in any country and of any size – whether a small start-up or global corporation, a company can apply to transfer eligible employees to qualifying entities in the USA.

There is also no cap on the number of L-1 visas that can be granted, meaning the likelihood of approval is based on the ability to satisfy eligibility and provide a comprehensive petition.

Key benefits of the L1 visa include:

a. Facilitating Intracompany Transfers

The L1 visa enables multinational companies to transfer key employees, including managers, executives (L1A), and those with specialized knowledge (L1B), from their operations in the UK to their US offices. This seamless movement is vital for companies looking to maintain a consistent culture and operational efficiency across borders.

b. Expansion and Establishment of US Operations

For UK-based companies aiming to establish or expand their presence in the US, the L1 visa serves as a gateway. It allows companies to send executives and managers to the United States to set up new offices, ensuring that the new operations are aligned with the company’s vision and practices from the start.

c. Access to a Global Talent Pool

The L1 visa provides companies with the flexibility to leverage their global workforce effectively. By enabling the transfer of employees with specialized knowledge or managerial expertise, companies can deploy personnel with company-specific operational knowledge, leadership experience and familiarity with the group’s products, services and internal processes.

d. Strategic International Growth

Multinational companies often operate in a competitive global environment. The ability to move key personnel to the United States quickly and efficiently can be a significant advantage in implementing strategic initiatives, entering new markets, or responding to competitive pressures.

e. Enhancing Global Collaboration

The transfer of employees between the UK and US offices under the L1 visa encourages greater collaboration and knowledge sharing across the company’s international operations. This can lead to innovation, improved best practices, and a more cohesive corporate culture.

f. Compliance and Legal Framework

The L1 visa provides a legal framework for the international movement of employees that is compliant with US immigration laws. For companies, adhering to this legal framework is crucial to avoid penalties and ensure the smooth operation of their US entities.

g. Long-term Benefits and Pathways to Residency

While the L1 visa is a nonimmigrant visa, it is one of the few categories that allow for “dual intent.” This means that an L1 visa holder can apply for permanent residency (Green Card) without affecting their L1 status, offering a pathway for key employees to become long-term contributors to the company’s US operations.

2. L1A vs. L1B Visa Comparison

There are two types of visa under the L-1 classification: the L1A and the L1B. The L1A visa is for employees working in an executive or managerial role, whilst the L1B visa is for those who have specialized knowledge of the company’s products, services and procedures that are key to its success. Each carries different eligibility criteria, requirements and restrictions.

a. L1A visa

The L-1A visa gives its holder the right to work in the USA for up to seven years, provided they continue to work for the same company or a qualifying related company in a position that continues to satisfy the visa criteria.

Read more about the L-1A Visa here >>

b. L1B visa

The L-1B visa is aimed at employees transferring to a related US-based company because they have specialized knowledge or skills that benefit the development of the branch or subsidiary they are moving to. The L-1B visa gives its holder the right to work in the USA for up to five years, provided they continue to work for the company or a related company and meet the visa criteria.

Read more about the L-1B Visa here >>

Section B: L1 Visa Eligibility Requirements

L1 visa eligibility requirements differ, depending on whether you are applying for the L1A or L1B classification.

1. Requirements for L1A Visa (Managerial or Executive Role)

The L1A visa is a nonimmigrant visa category designed for intracompany transferees who are moving to the United States to occupy managerial or executive positions within the same company or one of its qualifying organizations.

To qualify a beneficiary for L-1A classification, the company must show that the employee:

a. Will work in a managerial or executive role while in the US;

b. Has the experience and background necessary to perform the proposed US role; and

c. Has worked for the organization for a minimum of 12 months continuously within the three years immediately preceding the petition being filed.

To qualify as an executive role, the employee must:

a. Direct the management of the organization or a major component or function of the organization;

b. Establish the goals and policies of the organization, component, or function;

c. Exercise wide latitude in discretionary decision-making; and

d. Receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

To qualify as a managerial role, the employee must:

a. Manage the organization or a department, subdivision, function, or component of the organization;

b. Supervise and control the work of other supervisory, professional, or managerial employees or manages an essential function within the organization;

c. Have the authority to hire or recommend personnel actions, as well as other personnel actions, or if no other employee is directly supervised, function at a senior level within the organizational hierarchy; and

d. Exercise discretion over the day-to-day operations of the activity or function for which the employee has authority.

For more information – please read our L1A Visa Guide.

2. Requirements or L1B Visa (Specialized Knowledge Employees)

The L-1B visa is aimed at employees transferring to a related US-based company because they have specialized knowledge or skills which are necessary for the effective operation of the US entity.

A position requiring specialized knowledge requires the employee to:

a. Have particular and special knowledge of their organization – whether that relates to the product, service, techniques, research, equipment or other interests and application within international markets, or

b. Have advanced knowledge of the organization’s procedures and processes.

For more information – please read our L1B Visa Guide.

3. General L1 Visa Requirements

When applying for the L1 visa, either the L1A visa or the L1B visa, the following general eligibility requirements must also be met by both the applicant and employer:

An applicant may qualify as an L1 intracompany transferee if:

a. they have been employed abroad continuously for 1 of the three years preceding the application for admission to the United States

b. this year of continuous employment abroad was in either a managerial or executive capacity or in a position that involved specialized knowledge of the organization

c. they are seeking to temporarily enter the US to render their services to the same employer, which includes a branch, parent, affiliate or subsidiary of the foreign employer

d. the position in the United States will be in either a managerial or executive capacity or will involve specialized knowledge.

4. Company Requirements

In addition, the qualifying employer who intends to temporarily transfer the applicant to the US, also known as the petitioning employer, must be able to demonstrate that:

a. there is a qualifying relationship between the entity in the US and the foreign operation employing the applicant, where there must be sufficient common ownership and control

b. the petitioning employer will continue to do business both in the US and at least one other country, either directly or through a qualifying organization, for the duration of the applicant’s stay in the US, where they must be actively and continually providing goods and/or services, not simply having an agent or office in the US and abroad

c. the applicant has been employed by the office abroad for at least 1 of the last three years

d. their prior year of employment abroad was in a managerial, executive or specialized knowledge role, and their employment in the US will be in the same or similar capacity

e. their proposed duties in the United States meet the criteria for either specialized knowledge or managerial or executive capacity.

Section C: L1 Visa Application Process

1. Application Step-by-Step Guide

The L1 visa application process requires input and collaboration between the employer and the employee.

First, the petition is filed by the employer with USCIS. The applicant then submits their application form and attends a visa interview at the US Embassy or Consulate where the applicant applies for the visa.

Step 1: Employer Petition

When applying for either the L1A or L1B visa, the employer starts the individual petition process by filing Form I-129, “Petition for a Nonimmigrant Worker”.

On Form I-129, the petitioner will need to include detailed information about their organization and the employee (known as the ‘beneficiary’) for whom they are petitioning, including that individual’s previous employment abroad and their proposed employment in the US.

The completed petition is submitted to USCIS for adjudication for both standard and blanket visas.

USCIS must approve the petition before the employee can begin their application.

If USCIS determine additional information or documentation is needed to make a decision, a Request for Evidence (RFE) will be issued.

Requests will vary in length depending on the extent of information and documentation requested but will inevitably result in a delay in a case decision. As such, it becomes critical through professional advice to ensure the application satisfies evidentiary requirements in the first instance.

Upon receipt of the requested information and documentation, USCIS will resume processing the petition.

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

Step 2: Apply for the visa with the DS-160 form

With an approved I-129, the applicant then files Form DS-160 and a recent photograph that meets the US passport criteria.

When the form has been completed, the applicant will be redirected to a confirmation page, which must be printed off and retained to take to the visa interview.

The applicant must then pay the application fee online and schedule their visa interview.

A visa interview appointment letter will then be sent via email.

Step 3: L1 visa interview

The visa interview aims to confirm whether the transfer is genuine and that the applicant will work as intended in the USA.

It will take place at the US Embassy or Consulate in the country where the applicant is applying. It will be conducted by a USCIS officer who will, in most cases, advise whether the application is approved, refused or subject to additional administrative processing.

Applicants must bring their documentary supporting evidence. They will be asked questions to determine their reasons and intentions for travelling to the US and to confirm that the L1 visa requirements have been met.

The L1 visa interview can usually take 15 minutes to half an hour. The interview duration depends on factors such as the complexity of the application and how well-prepared the applicant is to answer the questions and provide supporting evidence. In total, applicants would usually be at the Embassy for a total of 2 to 3 hours altogether.

Interview procedures vary widely among consular posts, so it is important to carefully follow any instructions provided for the post where the L1 interview will be held.

At the end of the interview, the interviewing officer should then inform the applicant whether their L1 visa application has been approved or denied or if further documentation is required.

If the interview and application are successful, the visa will go on to be processed, and the applicant’s passport will be taken for visa processing.

For more detailed information, see our detailed guide on L1 visa interviews.

Step 4: Post-Interview

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

2. Blanket L Petitions

US companies seeking to employ multiple foreign nationals with L-1 status may file a blanket L petition, which serves as continuing evidence of the companies’ qualifying relationship.

With Blanket L status, individual USCIS petition approval is generally not required before consular processing. Applicants will instead move straight to the L1 visa interview stage to verify their eligibility for either the L1A or L1B visa classification.

Blanket approvals are generally granted for an initial three-year period and may be extended indefinitely if eligibility continues to be met. If the employer allows the blanket petition to expire, USCIS may require the employer to re-establish eligibility before a new blanket approval is granted. Individual applications can still be made in the interim.

The grant of a blanket L1 petition does not guarantee that an employee will be approved for an L1 visa. Instead, it provides the US-based employer the flexibility to transfer eligible employees to the US without filing an individual L1 petition with USCIS each time.

However, the blanket petition process is only available for larger multinational and commercial organizations.

a. Blanket L Eligibility 

Eligibility for blanket L1 approval may be established if the following requirements are met:

a. the petitioning employer and qualifying organizations are engaged in commercial trade or services

b. the petitioning employer has an office in the US which has been doing business for at least a year

c. the petitioning employer has three or more domestic and foreign branches, subsidiaries or affiliates

d. the petitioner, along with the other qualifying organizations, has obtained at least ten L1 approvals during the previous 12 months, have US subsidiaries or affiliates with combined annual sales of $25 million or more, or a US workforce 1,000+ employees.

b. Applying under a Blanket L 

The employer is not required to file an individual petition at USCIS prior to the visa interview for Blanket L visa applicants. The employer need only complete Form I-129S, a nonimmigrant petition based on a blanket L petition. Upon approval of the Blanket L petition, a copy of the approval notice (Form I-797) should be sent to the prospective employee, along with other relevant evidence, so that the employee may present it to a US consular office as part of their interview.

For more information read our guide to Blanket L Visas and Blanket L Petitions here >>

3. USCIS L1 Visa Processing Times

Whether establishing a presence in the US or transferring multiple team members to lead on a key client account, the reason for transfer will usually be business or project-critical, making it important for employers to understand the timescales involved in petitioning for, and securing, the visa.

a. Standard processing

Processing times vary significantly depending on USCIS workload, whether premium processing is used and consular appointment availability. Generally, the average L1 visa application time can be between 2 to 4 months, depending on the consulate or Embassy where the application is filed and the quality and circumstances of the application.

There is usually no difference in the processing times between the L1A and L1B classifications.

Blanket processing depends heavily on consular availability.

However, processing times depend on factors such as the caseload of the consular post and the quality of the submission and supporting documents. L1 visa processing times vary by consular post, depending on caseload, and by application, with more complex or incomplete petitions taking longer.

Petitioning companies and their employees have to compile and submit extensive supporting documentation to establish eligibility under the L-1 route and to try and minimize L-1 visa processing times. Failure to provide a comprehensive submission can cause the USCIS officer to delay the application and request further information from the applicant or to reject the petition outright.

Ensuring the application is complete and comprehensive will help avoid issues or processing delays. A critical area of focus should be supporting documents to evidence eligibility under the route.

b. L1 visa premium processing  

The L1 premium processing service is available for a fee where an expedited decision is needed. This official USCIS service reduces the processing time of the initial I-129 petition to just 15 calendar days. The fee for this service is $2805, and the employer must file a Form I-907, Request for Premium Processing Service, along with their Form I-129. USCIS must process the application in 15 calendar days. USCIS should refund the premium processing fee if it fails to take qualifying adjudicative action within the required processing period.

4. L1 Visa Costs

Various fees are associated with L1 visa classification, including the petition and application fees.

The base fee for filing Form I-129 is $1,385. A reduced fee of $695 applies to qualifying nonprofit organizations and small employers with 25 or fewer full-time equivalent employees.

The visa fee when submitting Form DS-160 is $205. The applicant must pay the application fee, together with any other applicable fees based on nationality and the US Embassy or Consulate where the application is made, such as reciprocity fees.

However, the employer will generally be responsible for the petition filing costs, including the base filing fee. The employer may also be liable to pay a fraud prevention and detection fee of $500, a Public Law 114-113 fee of $4,500 where applicable and the Asylum Program Fee. The Asylum Program Fee is $600, or $300 for qualifying small employers, while nonprofit organizations are exempt.

If the proposed US employer wants to expedite USCIS processing, there will be an additional fee of $2,805 for premium processing.

If the correct fees are not paid, or if there is an error or delay in payment, the petition may be rejected or processing delayed.

The US Visa Integrity and Security Fee of $250 has been enacted in statute but is not yet being collected. The Department of State is expected to announce the implementation date through a future Federal Register notice. Until then, applicants are not required to pay the fee and consulates will not request it.

The breakdown of fees to make an L1 visa application is as follows:

a. L-1 visa filing fee

The first part of the L1 visa petitioning process is for the organization to complete, sign and file Form I-129 with USCIS. This applies whether the petition is for an L-1A worker in a managerial or executive position or an L-1B specialized knowledge worker.

Filing Form I-129 incurs a filing fee for the employer, which is paid at the same time as the petition and supporting documentation are submitted. From April 1, 2024, the L1 visa filing fee is $1,385, or $695 for qualifying nonprofit organizations and small employers. Small employers generally have 25 or fewer full-time equivalent employees in the United States. The fee applies to petitions requesting initial L-1 classification, change of status petitions filed in the US and extension petitions.

There is no fee waiver for this form.

After Form I-129 has been filed and the filing fee paid, USCIS will process the petition. The employer will then receive confirmation of receipt of the petition.

The decision will follow once USCIS has completed adjudication of the petition.

b. L-2 visa change of status or extension filing fee: $470

Applications to change status from within the US to the L-2 visa category or to extend existing L-2 status require Form I-539 to be completed and filed, together with the filing fee of $470 per application.

c. Fraud Prevention and Detection Fee: $500

This fee is payable by the employer filing an initial L-1 petition for a foreign worker or where a worker already holds valid L-1 status and a new employer is filing the petition.

The exception to this fee is where the petition is to change status from L-1A to L-1B or from L-1B to L-1A.

d. US L-1 visa cost for premium processing (optional): $2,805

Premium processing is available under the L-1 visa classification, both in the L-1A and L-1B categories, to expedite processing to within 15 calendar days.

The premium processing fee is $2,805 and may be paid either by the employer or the beneficiary.

It is important to note that premium processing does not guarantee the application will be approved. It relates only to faster USCIS adjudication.

e. Public Law 114-113 Fee: $4,500

This fee only applies where an employer is seeking an initial grant of L-1 status for a foreign worker and the organization employs 50 or more employees in the United States, with more than 50% of those employees in H-1B or L status.

The Public Law fee is not payable for extensions with the same employer or amendments that do not involve an initial grant of status.

f. DS-160 application fee for overseas filing: $205

When the worker applies for an L-1 visa at a US consulate or Embassy overseas, they are required to pay the MRV fee. The MRV fee for petition-based applications, such as the L-1 visa, is $205.

The fee is generally valid for one visa application within twelve months of the date of payment. If the worker is unable to attend the interview, they may usually reschedule an appointment within that validity period, subject to local consular procedures.

The MRV application fee is non-transferable and non-refundable, even if the application is refused.

The MRV fee is not payable where the worker is applying for a change of status to the L-1 category from within the United States.

The fee is also waived for the following:

i. Diplomatic passport holders
ii. Official passport holders applying for official visas
iii. Employees of international organizations applying for G visas
iv. Foreign military personnel applying for NATO visas
v. Exchange visitors sponsored by the US government applying for J visas

g. Asylum Program Fee: $600

For L1 petitions filed on or after April 1, 2024, the US employer pays a one-off Asylum Program Fee of $600 for each Form I-129 and I-140 filing. A reduced Asylum Program Fee of $300 applies to qualifying small employers. Nonprofit organizations are exempt.

h. Issuance fees

Nationals of certain countries may be required to pay a visa issuance fee after approval of the visa application. These reciprocity-based fees vary by nationality and are determined by the Department of State reciprocity schedule.

5. When do you pay the L1 visa fees?

Where applicable, the Fraud Prevention and Detection Fee and the Public Law 114-113 Fee should be paid when submitting Form I-129 or the petition may be rejected.

Each fee should generally be submitted separately by check or money order drawn from a bank or financial institution. Checks and money orders should be made payable to ‘US Department of Homeland Security’, using no abbreviations. Cash should not be sent.

The fees must be paid in US dollars.

Section D: L1 Visa Supporting Documentation

In general, the following should be provided to demonstrate eligibility for the L1 visa:

a. evidence that the petitioner and the organization which employed the applicant, or will employ them, are qualifying organizations;

b. evidence that the employee will be employed in an executive, managerial, or specialized knowledge capacity;

c. evidence that the employee will have one continuous year of qualifying employment abroad with a qualifying organization within three years preceding the filing of the petition;

d. evidence that the employee’s prior year of employment abroad was in a position that was managerial, executive, or involved specialized knowledge; and

e. evidence that the employee’s prior education, training and employment qualifies them to perform the intended services in the United States.

The following L1 visa document checklist summarizes the main paperwork that must be submitted in support of the petition for a US intracompany transfer visa. These checklists are not exhaustive, and legal advice should always be sought based on specific needs.

L1 Visa Foreign Company Documents:

a. Articles of incorporation

b. Business license

c. Stock certificates

d. Audited accounts

e. Financial statements of business

f. Income tax filings for the past three years

g. Documents of business transactions (contracts, bills of lading, letters of credit)

h. Promotional materials of business such as company brochure or product overview

i. Organizational chart, including total number of employees and position held by the transferee

j. Detailed statement from authorized representative explaining ownership and control of company

k. Company letterhead with company logo, name, and address

L1 Visa US Company Documents:

a. Articles of incorporation

b. Stock certificates

c. Audited accounts

d. Financial statements of business

e. Promotional materials of business

f. Business license

g. Corporate by-laws

h. Description of company business and detailed business plan

i. Organizational chart, including total number of employees and position held by the employee

j. Detailed statement from authorized representative explaining ownership and control of company

k. Lease of business location

l. Bank statement or proof of initial investment

m. Corporate income tax return (if any)

n. Employer’s Quarterly Report Form 941 (if any)

o. Company letterhead

L1 Visa Employee Petition Supporting Documents:

The applicant will be required to show documents including:

a. The visa interview appointment letter

b. The DS-160 visa application confirmation page

c. Copy of Form DS-160 and L supplement

d. The DS-160 visa application fee receipt

e. A valid passport with at least six months left prior to its expiry

f. Previous passports where relevant to immigration or travel history

g. Their most recent resume or CV

h. Photograph meeting Department of State requirements, where requested by the consular post

i. A copy of the I-129 petition submitted to USCIS

j. The I-797 approval notice from USCIS

k. A letter from the employer to the consulate requesting an L1 visa

l. Education certificates, such as University degree certificates

m. Payment statements

n. Income tax records

o. Job description

p. Organizational charts that show their place in the organization

q. Letter of reference from supervisors, colleagues, and others

r. The contact details of at least two co-workers in both current and previous jobs

s. Employment verification letter from the foreign company

t. Board resolution or appointment documents verifying the transfer

u. Any other documents showing the employee’s capability to conduct business in the executive position

v. If applying on the basis of specialized knowledge, provide any patent and trademark registrations they have made for their organization

Additional evidence when opening a new US branch:

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

a. sufficient physical premises to house the new office have been secured;

b. the employee has been employed for one continuous year in the three years preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involves executive or managerial authority over the new operation; and

c. the intended US operation, within one year of the petition’s approval, will support an executive or managerial position.

Section E: L1 Visa Renewals and Extensions

The L1 visa is temporary. It will initially be granted for a maximum of 3 years, although transferees entering the US to establish a new office will be granted a maximum initial stay of one year.

To remain in the US beyond this period would require an extension application petition to be made.

However, L1 visa renewals are only available if the visa holder continues to meet the visa requirements. Also, maximum periods of stay under the L route apply. L1A holders may be allowed to spend a maximum of seven years in the US in L-1 status before they must return abroad for at least one year before being granted L-1 status again.

L1B holders may be allowed to spend a maximum of five years in the US in L-1 status before they have to return abroad for at least one year before being granted L-1 status again.

For L1B visa-holders whose maximum permissible stay is limited to five years, it may be possible to transfer from an L1B to an L1A visa. However, the application would need to be approved before the beneficiary reaches the five-year maximum stay limit under L-1B status. The applicant would also need to satisfy the eligibility criteria for an L1A visa by working in an executive or managerial capacity.

To reapply for an L1 visa, the applicant would need to satisfy the same criteria as per the initial L1 application, including that they have been employed by the parent, branch, affiliate or subsidiary of the US company for one year out of the three years immediately preceding their admission to the United States.

The success of an extension application will depend on factors such as the nature of the continued role within the company and whether the overseas and affiliated US offices have continued to have a qualifying relationship for the duration of the stay.

Where the employee has been responsible for setting up a new office in the United States, an application for an extension of stay will depend upon the overall viability of the US operations.

See our detailed guide about renewing the L1 visa here.

Section F: L1 Visa Benefits

Holding an L1 visa presents numerous benefits for both individual visa holders and those employing multinational companies. This specialized visa category is designed to facilitate the intra-company transfer of key employees from an overseas office to the United States.

Key advantages associated with holding an L1 visa include:

Pathway to Permanent Residency

One of the L1 visa’s most significant advantages is its potential pathway to permanent residency in the United States. Unlike many other nonimmigrant visa categories, the L1 visa allows for dual intent. This means that while the visa holder is allowed to enter and work in the US temporarily, they can also apply for a green card.

No Annual Cap

Unlike other work visa categories, notably the H1-B, there is no annual limit on the number of L1 visas that can be issued. This lack of a cap ensures that companies can transfer essential personnel without the constraint of quota limitations, providing flexibility in staffing and operations.

Family Inclusion

L1 visa holders can bring their dependents, including spouses and unmarried children under 21 years of age, to the United States under the L2 visa category. Spouses of L1 visa holders may also apply for work authorization in the US, further enhancing the attractiveness of this visa category for families.

Flexibility for Companies

The L1 visa offers considerable flexibility for multinational companies, allowing them to transfer employees who hold managerial positions or possess specialized knowledge critical to the company’s operations. This flexibility supports strategic staffing and global talent management.

Opportunity for Startups

The L1 visa category is also beneficial for foreign entrepreneurs looking to expand their businesses into the US market. It allows business owners to transfer to the United States to establish a new office, provided they meet specific requirements, including having physical premises and the company being operational within one year.

Extended Stay Duration

The L1A visa allows for an initial stay of up to three years, which can be extended in two-year increments up to a maximum of seven years. The L1B visa, for those with specialized knowledge, permits an initial stay of up to three years, with the possibility of extension up to a maximum of five years. This extended duration is beneficial for long-term projects and assignments.

No Specific Wage Requirements

Unlike the H-1B category, the L-1 classification does not impose a formal prevailing wage requirement. However, compensation remains an important evidentiary factor, particularly in assessing the credibility and seniority of managerial, executive and specialized knowledge roles.

Section G: L1 Visa Limitations and Restrictions

As well as the advantages, there are certain limitations and restrictions to consider about the L1 visa:

1. Initial validity period

The L1 visa is a nonimmigrant, temporary visa. In other words, it allows intracompany transferees for a limited period of time.

Staying in the US beyond the visa expiry can result in serious consequences, such as being barred for a number of years from returning to the US. This makes it critical to secure new, lawful status before the initial validity period expires.

2. L1A and L1B visa maximum periods of stay

The L1A visa period of initial grant of stay for those working within a managerial or executive role for the US-based employer will typically be for a period of 3 years. However, provided the visa-holder continues to meet the eligibility requirements for L1A classification, they can apply to extend their stay up to 7 years in total. A request for an extension of stay may be granted in increments of 2 years.

The L1B visa period of initial grant of stay is also typically for a period of 3 years. If the visa-holder continues to meet the eligibility requirements for L1B classification, they can apply to extend their stay for a further two years and up to a maximum of 5 years in total under L1B status.

Having reached the maximum period of stay, the employee will be required to leave the US and work overseas for one year before being potentially eligible to make a new application for L1 status.

Any brief trips to the US for business or pleasure will not interrupt the required one-year period outside of the States, but they do not count towards fulfillment of that requirement.

Importantly, for those seeking to set up a new office in the US, an L1 visa will only be granted for one year. The employer will be required to show that they have secured adequate physical premises to house the new office and that within a year of approval of their petition, the intended US office will support a managerial or executive position.

Section H: L1 to Green Card Process

The L1 visa is what is known as a “dual intent visa. In immigration terms, an individual with L1 visa status is permitted to apply to change from nonimmigrant to immigrant status to settle in the US permanently.

As such, the L1 visa provides a path to a US Green Card for L1 visa holders, provided they satisfy the eligibility criteria.

The applicant does not need to prove that they do not intend moving to the US as a prerequisite to being granted entry clearance with an L1 dual intent visa, for example, by maintaining a residence in their home country. Instead, this visa permits lawful entry to the US on a time-limited nonimmigrant basis, albeit with immigrant intent, enabling that person to petition for a change of status by way of an EB-1C immigrant classification while still present.

L1 visa holders can become eligible to apply for a Green Card if they satisfy the requirements of an eligible immigrant classification.

However, strict criteria must be met, and it is always best to seek expert advice before embarking on the lengthy and costly process of applying for a Green Card.

1. Differences between L1A to Green Card and L1B to Green Card

Green Card application processing varies between L-1As and L-1Bs. The L-1A for managers and executives qualifies under the EB-1C’ first preference’ green card route. L-1B employees commonly pursue permanent residence through EB-2 or EB-3 employment-based categories, depending on the position and the employee’s qualifications.

Under an L1A visa, employees can apply for permanent residency using the EB-1C immigrant classification. The criteria under this category are similar to those for L1A status, whereby many overseas executives and managers come to the US under a nonimmigrant visa and then apply later to change their status.

To gain permanent residency with L1B status, the specialized knowledge employee would instead use the EB2 category (advanced degree) or the EB3 category (skilled or professional worker).

The adjustment of status process for L1B visa holders is less straightforward than for those with L1A status, requiring the US employer to obtain an approved labor certification before submitting the immigration petition. Known as the PERM Labor Certification requirement, this is to satisfy the US Department of Labor that there are insufficient available, qualified and willing US workers to fill the position being offered at the prevailing wage and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed US workers.

Read our comprehensive guide here for a detailed look at the L1 visa to Green Card process.

2. Advantages of L1 Visa in Green Card application

The L1 visa presents a strategic advantage for foreign nationals seeking long-term employment opportunities in the US. Its direct pathway to permanent residency, coupled with the benefits for families and the waiver of labor certification, make it an attractive option for executives, managers, and specialized knowledge workers aiming to establish their careers and lives in the United States.

The advantages of the L1 when applying for a US Green Card include:

a. Direct Path to Permanent Residency 

One of the most significant benefits of the L1 visa, particularly for L1A visa holders (managers and executives), is its direct path to permanent residency without the need for labor certification. This is achieved through the EB-1C Green Card category, designed specifically for multinational managers and executives. This category acknowledges the contribution of these individuals to their companies and the US economy, facilitating a smoother transition from temporary to permanent status.

b. Dual Intent 

Unlike many nonimmigrant visas, the L1 visa allows for dual intent. L1 visa holders can apply for a Green Card without jeopardizing their L1 status. The ability to pursue permanent residency openly without affecting nonimmigrant visa status is a significant advantage, providing peace of mind and stability for L1 visa holders and their families during the application process.

c. No Labor Certification Required 

For L1A visa holders aiming for the EB-1C Green Card, one of the notable advantages is the exemption from the labor certification process. This step, required for most employment-based Green Card categories, involves proving that there are no qualified US workers available for the job. By bypassing this labor-intensive and time-consuming process, L1A visa holders can expedite their Green Card application.

d. Family Benefits 

L1 visa holders’ dependents under the L1 visa, can also benefit from the primary applicant’s transition to permanent residency. This inclusivity ensures that families can stay together and enjoy the rights and privileges of permanent residency, including work authorization and access to education.

e. Retention of Employees 

For employers, the L1 visa’s pathway to a Green Card is an effective tool for retaining key employees. Companies can maintain a stable, motivated, and dedicated workforce by supporting their employees’ transition to permanent residency.

Section I: L2 Visa for Dependents

Spouses and children may apply for L2 visas, allowing them to reside with the employee in the United States.

Unmarried partners generally do not qualify unless the relationship is legally recognized as a marriage in the relevant jurisdiction.

Dependent visa applications may be made at the time of the interview or by scheduling a separate interview at a US consular post following approval of the L1 visa application.

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

L2 spouses automatically attain US employment authorization based upon their valid L nonimmigrant status. This means that L-2 spouses are authorized to work as a matter of status upon entry to the USA.

L2 spouses are issued Form I-94 with an ‘L-2S code’, which can be used as evidence of their employment authorization under List C of the I-9 employment verification process. As such, L2 visa holders do not need to apply for a separate employment authorization document (EAD).

However, L-2 dependent children are not entitled to US employment authorization. They can, however, study while in the USA.

Section J: Tips for a Successful L1 Visa Application

An approved petition does not, in itself, guarantee that the visa will be granted. Eligibility will still need to be determined based on the information in the application and the supporting documentation.

If that information is deemed incomplete, the application may be significantly delayed, if not ultimately denied. At the very least, where information is lacking, there will be a request for further information before a final decision is made on the visa application.

Furthermore, even where an application and supporting documentation are satisfactory and complete, the employee still has to pass the interview based on that information.

Detailed questions will be asked relating to the company and the capacity in which the applicant has been, and will be, employed by the overseas and US companies, respectively.

For L-1 visa applicants, consular questioning can be detailed, particularly around the qualifying relationship, the employee’s prior role abroad and whether the proposed US role meets the executive, managerial or specialized knowledge standard.

Employees can significantly improve their chances of being successfully granted an L1 visa by ensuring that their paperwork is correct and answering any questions as openly and as fully as possible.

Errors or omissions in the application can result in delays or, worse, a refused application. Even where an application is being processed through the premium service, applicants should ensure the petition is correct and comprehensive for the full benefit to be realized. The following can help to avoid delays or issues with processing.

1. Check Eligibility 

Before applying, it will be important to ensure the eligibility criteria are met under the relevant L1 visa category.

To qualify for the L1A visa, the employee may qualify through personnel management or functional management responsibilities. An executive may qualify if they are shown to make major decisions in the company without input on a significant scale from superiors.

To qualify for an L-1B visa, the employee needs to have specialized knowledge of the organization’s products, services, research, equipment, techniques, management or other interests, or advanced knowledge of the organization’s processes and procedures.

As such, the employee must be required to fill an executive, managerial or specialized knowledge role in the US and have been employed outside the US by the same organization (either a parent, branch, affiliate or subsidiary) in an executive, managerial or specialized knowledge role for one out of the three years before the application being filed.

The eligibility of the applicant employee is solely based on an assessment of the application and evidence by the USCIS officers looking at the application.

A key part of the eligibility assessment will be showing how the employee’s prior role abroad and proposed US role meet the L-1A or L-1B requirements, supported by detailed evidence of duties, reporting lines, business need, organizational structure and specialized or managerial responsibility.

2. Collate and File The Correct Supporting Documents 

In the absence of a definitive or exhaustive list of L1 visa documents, employers should proceed with care when compiling the supporting documentation, which will need to cover foreign company documents, US company documents and employee documents.

Particular scrutiny is currently being directed towards the role of the individual. This will require a detailed explanation of the employee’s duties, an employment verification letter from the foreign company and documents showing either the transferee’s capability to conduct business in the executive position or, if applying on the basis of specialized knowledge, provide documentation evidencing company-specific technical expertise, proprietary processes, product knowledge, training history or specialized operational experience.

3. Pay The Correct Application Fees 

Another common error with US visa applications that causes delays is where the incorrect fee is paid.

The L1 visa fees are generally paid by the employer directly to USCIS. These payments can be by money order or cheque and must be submitted with the visa form.

4. Dealing with RFEs & delayed L1 visa processing 

When USCIS assess the application, it will either be approved or rejected or, in many cases, they may send an RFE – a Request for Evidence.

USCIS officers have substantial discretion regarding the applications they are processing. If the officer cannot decide based on the information and supporting evidence provided, they may pause processing and request further information on the application, resulting in an inevitable delay in the application processing time.

Once the applicant has provided the additional documentation, the 15-day limit will start again.

Common reasons RFEs are issued by USCIS include:

a. Insufficient evidence of the employee’s specialized knowledge and or/ an inadequate link to the company operations.

b. The duties described in the job description do not align with similar managerial or executive positions in comparable US companies.

c. The employer did not send an L1 business plan that sufficiently details the company structure and the expected growth for the future.

d. There is a discrepancy between the finances of the business and, the ability to support a new office and the salary of the L1 employee.

This makes it important to ensure the application is accurate, complete and thorough.

Taking advice from an immigration specialist can help ensure you are representing the case most effectively.

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?

Intra-company transfers typically relate to employees who are high profile and bring business and project critical skills and knowledge. Getting the application right first time will be vital to avoid delays or a refused petition, and wasted outlay in US L1 visa costs. Employers should also factor in the resource and effort required to compile the submission to the required standard.

NNU Immigration are specialist US immigration attorneys. We support companies from across the globe with L-1 visa petitions, ensuring initial eligibility and exploring potential alternative routes to transfer key workers to the US. We also provide guidance to the employer and employee through the petitioning process, and also extension applications.

If you have a question about the L-1 visa application process or eligibility requirements, contact us.

Section M: L1 Visa FAQs

What is the L1 Visa?

The L1 visa is a nonimmigrant visa category that allows multinational companies to transfer executives, managers (L1A), and employees with specialized knowledge (L1B) from their operations outside the US to their US subsidiaries or affiliates.

Who is eligible for the L1A and L1B visas?

L1A visa eligibility is reserved for executives and managers with supervisory authority or control over the organization’s operations. L1B visa eligibility is for employees who possess specialized knowledge essential to the company’s interests.

Can L1 visa holders apply for a Green Card?

Yes, L1 visa holders can pursue permanent residency through the Green Card process. The L1A visa, in particular, provides a relatively straightforward path to the EB-1C Green Card category for multinational managers and executives.

What are the main advantages of holding an L1 visa?

Key advantages include the potential pathway to permanent residency, no annual cap on issuances, and including spouses and children under the L2 visa category. L1 spouses are employment authorized incident to status, meaning no separate work authorization application will be required.

Can L1 visa holders bring their family to the US?

Yes, L1 visa holders can bring their immediate family members (spouses and children under 21) to the US under the L2 visa. L2 visa holders may attend school and, in the case of spouses, may apply for employment authorization.

Is there a minimum salary requirement for the L1 visa?

Unlike other work visa categories, there is no specific minimum salary requirement for the L1 visa. However, employers must comply with applicable laws to pay a fair wage for the position.

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

L1A visa holders can stay for an initial period of up to 3 years, extendable in 2-year increments up to a total of 7 years. L1B visa holders can stay for up to 5 years.

Can L1 visa holders study in the US?

Yes, L1 visa holders and their dependents can engage in part-time or full-time study in the US without the need to change their visa status to a student visa.

How does the application process work for an L1 visa?

The process involves the U.S.-based employer filing a petition with USCIS on behalf of the employee. Upon approval, the employee applies for the visa at a US consulate or Embassy. For more detailed guidance on the L1 visa process and eligibility, consulting with an immigration attorney is highly recommended to navigate the complexities and ensure compliance with all legal requirements.

What are the requirements for the L-1 Visa?

L1 visa requirements are determined by which classification you will be applying for; either the L1A visa for executive or managerial level roles, or the L1B visa is for roles in a specialized knowledge capacity. In both cases, you will need to have worked for the foreign national company for at least 12 months continuously within the three years immediately preceding the petition being filed before you can transfer to a US branch or subsidiary.

Is Getting an L-1 Visa Easy?

The L1 visa application process is complex, but professional guidance can optimize your chances of securing an approved application.

Which Is Better L-1 Or H1B?

The chances of attaining an L1 visa are higher since the H1B visa is highly oversubscribed and competitive, but the applicant must meet the visa criteria, such as being employed by an overseas company with US operations.

Does L-1 Visa Require Sponsorship?

L1 visa holders, as intracompany transferees within multinational companies, are limited to being employed in the US by their petitioning employer.

Section N: Glossary

Additional Resources