The L-1 visa lets a company with offices both abroad and in the United States transfer an employee who has worked for it abroad for at least one continuous year in the last three. The L-1A covers managers and executives and lasts up to seven years; the L-1B covers employees with specialized knowledge and lasts up to five. There is no annual cap.
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| Who files | The US parent, branch, subsidiary or affiliate of the foreign employer |
|---|---|
| Main form | Form I-129 with the L supplement, or Form I-129S under a blanket petition |
| Maximum stay | Seven years for L-1A, five years for L-1B |
| Family | Spouse and unmarried children under twenty-one in L-2 status; spouses may work |
| Attorney fee | A flat fee for the matter, agreed in writing before work begins |
| Government fees | Set by USCIS and the State Department, paid separately |
Who qualifies for an L-1 visa?
You qualify for an L-1 visa if you have worked abroad for a company for at least one continuous year in the last three. That company must also be transferring you to a related US entity in a qualifying role. Three things have to line up: the companies, your history with them, and the job here. An L-1 visa lawyer checks each one against the documents before the petition is drafted.
- A qualifying relationship The US and foreign entities must be a parent and subsidiary, branches of the same company, or affiliates under common ownership and control. Both must be doing business, meaning regularly providing goods or services, while you hold L-1 status.
- One year abroad At least one continuous year of full-time work for the organization outside the United States, within the three years before filing. The work must be managerial, executive or based on specialized knowledge.
- A qualifying US role A managerial or executive role for the L-1A, or a role that uses specialized knowledge for the L-1B. The US role does not have to be the same job you held abroad.
What is the difference between the L-1A and L-1B?
The L-1A visa is for managers and executives. By contrast, L-1B specialized knowledge covers employees who know the company’s products, services, research, techniques or procedures in depth. The category affects how long you can stay and which green card route opens up later.
| L-1A | L-1B | |
|---|---|---|
| Who it covers | Managers, executives and function managers | Employees with specialized knowledge |
| Maximum stay | Seven years | Five years |
| New office first approval | Up to one year | Up to one year |
| Usual green card path | EB-1C, without labor certification | PERM, then EB-2 or EB-3 |
A manager under the L-1A primarily manages the organization, a department or an essential function. The manager also supervises professional staff or manages the function itself. First-line supervisors of nonprofessional employees generally do not qualify. For the L-1B, the knowledge has to be distinct or advanced compared with others in the industry. Simple familiarity with the company’s way of working is not enough.
Can a new office L-1 open a first US location?
Yes. A foreign company that is opening its first US office can transfer a manager, executive or specialized-knowledge employee to establish it. USCIS approves a new office L-1 petition for up to one year at first. The extension then depends on showing that the office has become a real, operating business.
- Before filing The company forms the US entity, documents the ownership link to the foreign company, and secures physical premises. A lease or office agreement is part of the petition.
- The first petition The company shows the size of the investment and its ability to pay the employee and start the business. It also shows a realistic plan for the office to support a managerial or executive position within a year.
- The first extension The company shows what actually happened: staff hired, revenue and contracts. It also shows that the employee now manages or directs, rather than doing the day-to-day work alone.
The first extension is where new-office cases most often run into trouble. A business plan that promised more than the office delivered is hard to explain afterward. For that reason, an L-1 visa lawyer will usually write the plan conservatively. Investors from treaty countries sometimes compare this route with the E-2 treaty investor visa.
How do you apply for an L-1 visa?
The US employer files Form I-129 with the L supplement at USCIS. Once USCIS approves it, the employee applies for the L-1 visa at a US consulate abroad. An employee already here in another status may be able to change status without leaving.
Large organizations with an approved blanket L petition skip the individual USCIS filing. Instead, the employee applies directly at a consulate with Form I-129S. Canadian citizens can generally present an L-1 petition at a port of entry rather than filing with USCIS first. Premium processing is available for individual L-1 petitions for a separate government fee.
The evidence usually includes corporate documents showing ownership, organizational charts for both entities, and payroll and tax records. It also needs a clear description of the employee’s role abroad and in the United States. USCIS lists the core requirements on its L-1A intracompany transferee page.
How long can you stay in L-1 status?
An L-1A holder can stay for up to seven years in total and an L-1B holder for up to five. USCIS approves petitions in increments. Usually that is up to three years at first for an established office and up to one year for a new one. After that, extensions run up to two years at a time.
You can often recapture time spent outside the United States during those years and add it back, and an L-1 visa lawyer can calculate it from your travel records. Once the employee reaches the maximum, they generally have to spend a full year abroad working for the organization. Only then can USCIS approve a new L or H petition.
Can your family join an intracompany transferee?
Yes. Your spouse and unmarried children under twenty-one can accompany you in L-2 status for the same period. An L-2 spouse has work authorization incident to that status, and children can attend school.
A spouse does not need a separate work permit. However, the Form I-94 record issued on entry should show L-2 status for a spouse, since employers rely on it for employment verification. Children in L-2 status cannot work. A child who turns twenty-one needs a status of their own, such as F-1, to remain.
Can an L-1 visa lead to a green card?
Yes. The L-1 recognizes dual intent, so you can pursue permanent residence without putting your L-1 status at risk. The route depends on which L-1 you hold.
- L-1A managers and executives Often qualify for the EB-1C multinational manager or executive category. The employer files Form I-140 directly, with no labor certification. For people born in most countries, the EB-1 queue is also shorter than EB-2 or EB-3.
- L-1B employees Usually follow the PERM labor certification route to an EB-2 or EB-3 petition. The EB-1C covers only managers and executives.
For EB-1C, the US company generally has to have been doing business for at least a year. The manager must also have held a qualifying role abroad for at least one of the three years before arriving on the L-1. Because the L-1B has a five-year limit and the L-1A seven, an L-1 visa lawyer will usually suggest starting the green card early.
What goes wrong with L-1 petitions?
Most L-1 denials turn on the job description or on the relationship between the companies, not on the employee’s talent. That is why an L-1 visa lawyer spends most of the preparation time on those two points.
- A manager with nobody to manage A title is not enough. USCIS looks at who actually does the day-to-day work. A small office where the manager does everything may not support an L-1A.
- Knowledge that sounds ordinary Some L-1B petitions describe skills any experienced person in the industry has. Without knowledge particular to the company, they often draw a Request for Evidence.
- Ownership that is not documented Share registers, operating agreements and tax filings have to agree with each other. Together they must show the qualifying relationship clearly.
- A foreign company that stops operating If the company abroad winds down, the qualifying relationship can end with it. So can the basis for L-1 status.
The EB-1, EB-2 and EB-3 green cards page explains each permanent category in more detail, including what the EB-1C petition has to show.
What does an L-1 visa cost with this firm?
When you hire an L-1 visa lawyer here, the firm quotes the matter as a flat fee, agreed in writing before any work begins. That covers an individual petition, a new-office case or an extension. It does not rise because a case takes longer than expected. USCIS and the State Department set the government filing fees, including any premium processing fee and the consular visa fee. You pay them separately.
The fees and consultations page explains how quotes work, and the first consultation is free. The employment immigration page sets out the other work routes, including the H-1B specialty occupation visa.