L-1 Business Expansion Visa

The L-1 intracompany transfer visa is a nonimmigrant visa that allows a foreign company to send an employee to work at its related company in the United States. This visa category can also be used to send an employee to the U.S. with the purpose of establishing a new affiliated U.S. office, essentially a startup.

The L-1A visa and L-1B visa subcategories cater to different roles within a company. The L-1A visa is specifically for transferring managerial and executive level employees, while the L-1B visa caters to those employees with specialized knowledge relevant to the operation of the business.
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An appealing aspect of the L-1 visa is that it can serve as a stepping stone towards permanent residency (Green Card). Once the L-1 visa is successfully obtained, there is the potential to upgrade to a green card, providing a path to long-term residency in the U.S.

What are the L-1 Visa qualifications?

To qualify for the L-1A or L-1B visa, the following general requirements must be met:

• The foreign company and the U.S. company must have a qualifying relationship (i.e. subsidiary, affiliate, branch, parent company, etc.);
• Both the foreign company and the U.S. company must be doing business in the United States and in at least one other country during the period of the employee’s stay in the U.S. (note: the U.S. company need not be trading at the time of filing for the start-up of a new office);
• The employee being transferred must have worked abroad with the affiliate company for at least one year out of the preceding three year period before their admission to the U.S.; and
• The employee being transferred must be going to work in an executive, managerial, or specialized knowledge role.

Foreign companies that aim to establish their first U.S. office, referred to as a "new office", must adhere to additional requirements. These include securing a physical office space sufficient enough to support the company and providing a comprehensive three-year business plan.
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In addition, the new office must be capable of supporting the transferred executive or managerial employee within a year of its establishment. It's critical to understand that only employees who have served in an executive or managerial capacity in the foreign company are eligible to be transferred to the new office under the L-1 petition.

Who is considered an L-1A executive employee?

An employee serving in an executive role is typically empowered to make broad and diverse decisions for the company with minimal supervision. These individuals generally hold some of the highest-ranking positions within an organization. However, it's crucial to understand that it's not the employee's job title that determines whether their role is executive, managerial, or specialized knowledge-based, but their actual job responsibilities and duties.

Who is considered an L-1A managerial employee?

A manager typically oversees other professional employees and has the responsibility of managing the company, a department, a subdivision, or a specific function or component of the business. They could also be managing an essential function of the business, often with minimal supervision.

Who is considered an L-1B specialized knowledge employee?

A specialized knowledge employee possesses an advanced level of knowledge or expertise of their company’s products, services, research, equipment, techniques, management, or other interests or is considered to have expertise in the business’ processes and procedures. 

How long is the L-1 visa issued for?

Employees of companies being sent to the U.S. in order to establish a new office will be granted the L-1 visa for one year. L-1A Employees from companies already established in the U.S. will be granted the visa for a maximum period of three years, while L-1B employees will be approved for a maximum of two years. Following the expiration of either the one, two, or three year L-1 visa, employees may apply for an extension in increments of two years, up to a total of seven years for L-1A employees and five years for L-1B employees.

 Can dependents join their L-1 visa family member?

A legally married spouse and unmarried children under the age of 21 can accompany their L-1 visa-holding family member in the United States. Accordingly, the relevant U.S. consular post will issue them L-2 dependent visas. These L-2 visas typically align with the validity period of the L-1A or L-1B principal visa. Importantly, L-2 spouses are also permitted to seek employment due to their status.

L-1 Blanket Petitions

Large organizations needing to frequently transfer employees from their foreign branches to the U.S. might qualify for the L-1 blanket program. If the transferring company fulfills the requisite conditions, they can streamline the process of dispatching employees through the submission of an L-1 blanket petition directly to the U.S. Embassy or Consulate of their choice.

To learn more about the L-1A or L-1B visa category contact our L-1 visa lawyer to arrange a consultation.

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"The L-1 visa is an ideal option for quickly opening a branch office in the United States or for sending an employee to work in an existing office. The entire process can take as little as ninety days in some cases."

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