The L-1 nonimmigrant category is designated for intracompany transfers and blanket L petitions. It is available to individuals who have worked for a foreign corporation that has a parent, subsidiary, branch or affiliate company in the U.S. The individual must have been employed in an executive or managerial position (L-1A), or in a specialized knowledge capacity (L-1B) for the foreign company.
- A Manager is defined as an individual that manages a company or one of its core components, personally supervises and controls the work of other professionals or manages an essential function of the organization, can hire and fire personnel or operates as a senior level, and exercises discretion over day-to-day functions of the business.
- An Executive is defined as an individual that directs the management of the organization or one of its core functions, establishes goals and policies, exercises discretionary decision making, and receives only general supervision or direction from higher level executives, board of directors or stock holders.
- An individual has specialized knowledge when that person possesses a heightened level of knowledge of the petitioning companys products, services, equipment, techniques, or other interests or has an advanced level of knowledge or expertise in the companys processes and procedures.
Eligibility Criteria
To qualify for L-1 status, the foreign national must have been employed abroad by the foreign employer on a full-time basis for at least one continuous year during the last three-year period. The individual must be coming to the U.S. to hold a Managerial, Executive, or Specialized Knowledge position.
Typically, both the foreign and U.S. entities must have been operating for at least one full year prior to the time of application. Both entities must be actively doing business, meaning that they both engage in regular, systematic, and continuous provision of goods and/or services. Both companies should also have an established workforce and sufficient office space to conduct business.
Successful applicants will be approved for a maximum period of three years.
Note: The employer is not required to obtain a labor certification prior to petitioning in this category. Compensation level is not prescribed, but U.S. income must meet the higher of the federal or applicable state minimum wages and must be sufficient to prevent the alien from becoming a public charge.
L-2 Dependents
L-2 visas are issued to the spouses and unmarried children under 21 of L-1 visa holders. L-2 spouses enjoy a distinct benefit: they are automatically eligible to work in the United States without needing to apply for an Employment Authorization Document (EAD); work authorization is incident to L-2S status. An unexpired Form I-94 with a notation reflecting L-2S nonimmigrant status serves as proof of work authorization, allowing them to start working immediately. Additionally, all L-2 dependents—both spouses and children—may attend school in the U.S.
While L-2 spouses are not required to apply for an EAD, they still have the option of doing so. The advantage of obtaining an EAD is that when it comes time to renew L-2S status, they can also apply for an EAD renewal. Timely filing the EAD renewal request provides an automatic extension of work authorization.
In contrast, if L-2 spouses rely solely on the annotated Form I-94 for work authorization, they must be mindful of timing, as automatic extensions of work authorization are not available in this case. When filing Form I-539, Application to Extend/Change Nonimmigrant Status, to extend L-2S status, it is important to note that the applicant may remain in the U.S. while the Form I-539 is pending with USCIS. However, their work authorization is not automatically extended during this period. L-2 spouses must always possess a valid I-94 that reflects their valid L-2S nonimmigrant status in order to remain authorized to work. Therefore, L-2S status holders who are actively employed should be mindful of the timing of their extension application and the associated processing times, especially if they intend to continue working in the U.S.
“New Office” Petitions
The government also permits issuance of an L-1 work permit to individuals who are employed by companies that wish to expand their operations to the U.S. This is referred to as a New Office L-1 petition. In this case, the petitioner must demonstrate that a U.S. entity has been incorporated, that sufficient physical space has been secured to conduct business in the U.S., and that the foreign entity is able to commence doing business in the U.S.
There is no doing business requirement for New Office L-1 petitions. In lieu of this requirement, the government will grant L-1 status to the applicant for a one-year period. During this time, the petitioning entity must commence business in the U.S. If successful, the company can submit subsequent petitions to extend the applicants L-1 status in three-year increments.
Process
For Canadian citizens, an L-1 petition may be filed with U.S. Customs & Border Protection (CBP) at a U.S. port-of-entry and a decision is normally issued immediately. The L-1 beneficiary may begin working in the U.S. immediately following an approval.
For all other nationalities, the petition is filed through the mail to United States Citizenship & Immigration Services (USCIS) which can take several months for regular processing. For an additional fee, the applicant may file the application with the Premium Processing Service, which guarantees that action is taken on the case within fifteen (15) calendar days from receipt. Once the case is approved by USCIS, the individual will then apply for a visa at a U.S. Embassy or Consulate abroad.
The Berardi Difference
Berardi Immigration Law is located just minutes away from the U.S.-Canadian border in Buffalo, New York. Each week, our attorneys appear before Customs & Border Protection at the Peace Bridge port-of-entry with our Canadian clients to assist in the submission of their L-1 applications. Should any questions arise, our team is able to both advocate for clients as well as alleviate any stress.
Our team is well-versed on the nuances and policies at various Class A ports of entry across the U.S. and pre-clearance locations around the world. We have successfully obtained L-1 visas for clients from a wide range of industries, including technology, finance, manufacturing, and professional services.
In addition, our team has extensive experience in filing L-1 petitions with U.S. Citizenship and Immigration Services (USCIS) and at U.S. consulates worldwide. We are familiar with the specific requirements and procedures of different USCIS service centers and consular posts, allowing us to tailor our approach to each unique case and jurisdiction.
Whether you are a large corporation seeking to transfer multiple employees or a smaller company looking to bring a key executive to the United States, we can guide you through the complex L-1 visa process and help maximize your chances of success.
L-1 Intracompany Transferee Visa (L-1A & L-1B): Frequently Asked Questions
What is an L-1 visa?
The L-1 classification allows a qualifying multinational organization to transfer certain employees from a related foreign parent, subsidiary, affiliate, or branch to a U.S. entity, or to send an eligible employee to establish a new U.S. office. The category is split into two subcategories: L-1A for managers and executives, and L-1B for employees with specialized knowledge.
What is the difference between L-1A and L-1B?
The L-1A category is for employees coming to work in a managerial or executive capacity, while the L-1B category is for employees coming to work in a role requiring specialized knowledge of the company’s products, services, research, systems, or processes. The two categories have different maximum periods of stay and slightly different evidentiary standards.
What qualifies as a “managerial or executive” role for L-1A purposes?
Managerial capacity may involve either managing personnel or managing an essential function of the organization. A personnel manager generally supervises and controls the work of other managerial, supervisory, or professional employees and has authority over personnel actions or functions at a senior level within the organization. A function manager primarily manages an essential function of the organization, operates at a senior level with respect to that function, and exercises discretion over its day-to-day operations. An executive generally directs the management of the organization or a major component, establishes goals and policies, exercises wide decision-making authority, and receives only general supervision from higher-level executives, a board, or the owners.
What qualifies as “specialized knowledge” for L-1B purposes?
Specialized knowledge generally means special knowledge of the petitioning 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 knowledge does not necessarily have to be proprietary or unique, but it must be sufficiently distinct or advanced to satisfy the L-1B standard.
What is a “qualifying relationship” between the foreign and U.S. companies?
The U.S. and foreign entities must be related as a parent, subsidiary, branch, or affiliate, meaning there is sufficient common ownership and control between the two organizations. Simply having a business relationship, such as a vendor or client relationship, does not satisfy this requirement.
How long does the employee need to have worked abroad before qualifying for an L-1 visa?
The employee generally must have worked for the qualifying foreign entity for at least one continuous year within the three years immediately preceding the filing of the petition (or, for certain visa-exempt applicants, before applying for admission).
How long can I stay in the U.S. on an L-1 visa?
L-1A status is generally granted for up to three years initially (or one year for new office petitions), with extensions available up to a maximum of seven years total. L-1B status follows the same initial periods but has a lower maximum total stay of five years. Time spent outside the United States during the L-1 approval period may, in qualifying circumstances, be recaptured and added back to the employee’s available L-1 time.
Can an L-1 visa be extended?
Yes. Both L-1A and L-1B status can be extended in increments, up to the applicable maximum total stay, seven years for L-1A and five years for L-1B, provided the employee continues to meet the requirements of the category and remains employed in the qualifying role.
What is a “new office” L-1 petition, and how is it different?
A new office is a U.S. organization that has been doing business for less than one year through a qualifying parent, branch, affiliate, or subsidiary. New-office petitions generally receive an initial approval period of no more than one year and are subject to additional evidentiary requirements.
For an L-1A new-office case, the petitioner must demonstrate that the U.S. operation will support a primarily managerial or executive position within one year of approval. For an L-1B new-office case, the petitioner must establish, among other requirements, that sufficient physical premises have been secured and that the organization has the financial ability to compensate the employee and commence doing business in the United States.
Does the L-1 visa allow dual intent?
Yes. Like the H-1B, the L-1 visa recognizes dual intent, meaning L-1 holders can pursue permanent residence (a green card) while maintaining valid L-1 status, without that pursuit being held against them.
Can my spouse and children accompany me on an L-1 visa?
Yes. Spouses and unmarried children under 21 may accompany or follow to join an L-1 principal visa holder in L-2 dependent status. L-2 spouses are generally eligible for work authorization incident to their status.
What is an L-1 blanket petition, and how does it help?
A blanket L petition allows a qualifying multinational organization to obtain advance USCIS approval of the qualifying relationships among specified related entities. Once the blanket petition is approved, eligible managers, executives, and specialized-knowledge professionals may generally apply for individual L-1 classification using Form I-129S through a U.S. Embassy or Consulate or, where permitted, at a port of entry. The blanket approval does not automatically establish that an individual employee qualifies for L-1 classification.
Does the L-1A visa have any advantage for green card purposes?
Yes. Certain L-1A managers and executives may later qualify for the EB-1C multinational manager or executive immigrant category. EB-1C does not require PERM labor certification, but it has separate eligibility requirements and an L-1A approval does not guarantee EB-1C approval. Processing times and visa availability also depend on the individual circumstances and country of chargeability.
What documents are required for an L-1 petition?
Common supporting documents include evidence of the ownership and control establishing the qualifying corporate relationship; evidence that the U.S. and foreign entities are actively doing business; proof of the employee’s qualifying foreign employment; detailed descriptions of the employee’s foreign and proposed U.S. duties; organizational charts, payroll records, and supporting corporate and operational documents; and Form I-129 for an individual petition. Employees applying under an approved blanket petition generally use Form I-129S and additional visa or admission documentation.
What are common reasons an L-1 petition is denied?
Common issues include insufficient evidence of the qualifying corporate relationship, a job description that doesn’t clearly establish managerial, executive, or specialized knowledge duties, gaps or insufficient documentation of the required year of foreign employment, or (particularly for new office petitions) an inadequate business plan or insufficient evidence of the U.S. office’s viability.
How far in advance should a company start the L-1 process?
Companies should generally begin evaluating an L-1 transfer several months before the intended start date. New-office cases may require additional lead time to establish the U.S. entity, secure suitable premises, prepare a detailed business plan, document capitalization, and assemble corporate and employee records. Establishing an initial blanket petition may also require significant advance preparation.
