L-1 Transfer Visa

The program is divided into two subcategories based on the role of the employee. The L-1A visa is designed for executives and managers, while the L-1B visa is intended for employees who possess specialized knowledge essential to the company’s operations, products, or services.

To begin the process, the U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the transferring employee. If approved, the employee may then apply for the L-1 visa and begin working in the United States under the approved petition.

An attractive feature of the L-1 visa is that it may also serve as a stepping stone toward permanent residency. Certain L-1A visa holders may qualify to transition to an employment-based immigrant visa, providing a pathway to a green card and long-term residence in the United States.

L-1 Visa Qualifications

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

• Qualifying relationship: The foreign company and the U.S. company must have a qualifying relationship, such as parent, subsidiary, affiliate, or branch.
• Doing business: Both the foreign company and the U.S. company must be actively doing business in the United States and in at least one other country during the employee’s stay. “Doing business” means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. It does not include merely maintaining an office or agent in the United States or abroad.
• Employment history: The employee being transferred must have worked for the foreign affiliate for at least one continuous year within the three years immediately preceding their admission to the U.S.
• Role in the U.S.: The employee must be entering the United States to work in an executive, managerial, or specialized knowledge capacity.

Foreign companies establishing their first U.S. office—referred to as a new office—must also meet additional requirements. These include securing a physical office space adequate for the intended operations and submitting a detailed three-year business plan. Furthermore, the new office must be able to support the transferred employee within one year of its establishment.

Who Qualifies as an L-1A Executive or Manager?

An employee may qualify for the L-1A visa if their role is in either executive capacity or managerial capacity. Importantly, eligibility is determined not by job title but by the employee’s actual job duties and responsibilities.

• Executive capacity generally refers to the employee’s ability to make decisions of wide latitude with little oversight. Executives are typically empowered to set goals and strategies, make high-level decisions, and direct the overall management of the organization or a major component of it.
• Managerial capacity refers to the ability to supervise and control the work of professional employees, and to manage an organization, department, subdivision, function, or component of the organization. A manager may also qualify by managing an essential function of the business at a senior level, even without directly supervising other employees.

In both cases, the role must demonstrate authority and responsibility at a high level within the organization.

Who Qualifies as an L-1B Specialized Knowledge Employee?

An employee may qualify for the L-1B visa if they possess specialized knowledge that is critical to the organization’s operations. Specialized knowledge refers to an advanced level of expertise in the company’s products, services, research, equipment, techniques, management, or other interests. It may also involve a deep understanding of the company’s processes and procedures that is not commonly found in the industry at large.

To qualify, the knowledge must be unique or advanced enough to distinguish the employee from other professionals in the field, making their contribution essential to the success of the U.S. entity.

How long Can L-1 Status Be Granted?

The length of time granted under the L-1 visa category depends on whether the U.S. company is newly established or already operating. L-1A and L-1B employees sent to the United States to establish a new office are initially granted L-1 status for one year. Employees transferring to a U.S. company that has been actively doing business for at least one year may be granted an initial stay of up to three years.

After the initial period, employers may request extensions in two-year increments, up to a maximum of seven years for L-1A executives and managers and five years for L-1B specialized knowledge employees.

It is important to distinguish between L-1 status and the L-1 visa itself. L-1 status refers to the period of authorized stay in the United States, while the L-1 visa stamped in the passport is used for travel and admission. The visa’s validity period is determined by the reciprocity schedule for the employee’s country of citizenship, meaning that some visas may be valid for shorter or longer periods regardless of the maximum stay permitted under U.S. immigration regulations.

Can L-1 Visa Holders Bring Their Family?

L-1 visa holders may be accompanied to the United States by their legally married spouse and unmarried children under the age of 21. Eligible family members are issued L-2 dependent visas, which typically match the validity period of the principal L-1A or L-1B visa.

L-2 spouses are permitted to work in the United States without needing to apply for a separate employment authorization document, while L-2 children are authorized to attend school or university but are not permitted to work.

L-1 Blanket Petitions

Large multinational organizations that frequently transfer employees to the United States may benefit from the L-1 blanket petition program, which streamlines the process of securing L-1 visas. By filing a blanket petition, certain organizations can establish the required intracompany relationship in advance, eliminating the need to file a separate Form I-129 with USCIS for each transfer. Instead, once the blanket petition is approved, qualified employees can apply for their visas directly at a U.S. Embassy or Consulate.

To qualify for blanket L certification, the petitioner and its related entities must meet the following conditions:

• The petitioner and each qualifying organization 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;
• The petitioner must have three or more domestic and foreign branches, subsidiaries, or affiliates; and
• Together with the qualifying organizations, the petitioner must also meet one of the following criteria:
  • Have obtained at least 10 L-1 approvals during the previous 12 months;
  • Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
  • Have a U.S. workforce of at least 1,000 employees.

It is important to note that the approval of a blanket L petition does not guarantee that an employee will be granted L-1 classification. Each employee must still independently qualify for the visa. However, the blanket program offers employers valuable flexibility, allowing them to transfer eligible employees quickly and with minimal delay.

Speak With an Experienced L-1 Visa Lawyer

To learn more about the L-1A and L-1B visa categories — including intracompany transfers, new office setups, and blanket petitions — contact our experienced L-1 visa lawyer today to arrange a consultation and receive guidance tailored to your business and immigration goals.