If your company plans to transfer a key employee or executive to the United States, you may be considering the l1 visa, one of the most strategic non-immigrant work visa options for global businesses. Designed for intracompany transferees, the L1 visa allows foreign employees to work at a U.S. branch, subsidiary, affiliate, or parent company.
In this article, we’ll break down everything you need to know about the L1 visa, including eligibility, types (L1A and L1B), the application process, extensions, transitioning to a Green Card, and legal tips to boost your approval odds.
What Is the L1 Visa?
The L1 visa is a non-immigrant work visa granted to employees of international companies who are being transferred to the U.S. The visa is especially valuable for expanding businesses and multinational organizations seeking to open offices or reinforce operations in the United States.
There are two main types:
- L1A Visa – for executives and managers.
- L1B Visa – for employees with specialized knowledge.
Who Qualifies for an L1 Visa?
To be eligible for an L1 visa, the applicant must:
- Be employed outside the U.S. by a qualifying organization for at least 1 continuous year within the past 3 years.
- Be transferring to a U.S. office of the same organization (parent, branch, affiliate, or subsidiary).
- Be offered a position as either an executive, manager (L1A), or a specialized knowledge worker (L1B).
The U.S. and foreign offices must maintain a qualifying corporate relationship, and both must be actively conducting business.
L1A vs L1B: What’s the Difference? L1A Visa – For Executives and Managers
- Allows executives/managers to enter the U.S. to lead operations.
- Can be used to open a new U.S. office.
- Valid for up to 7 years (initial 1–3 years + extensions).
- Eligible for EB-1C Green Card without labor certification.
L1B Visa – For Specialized Knowledge Employees
- For employees with proprietary company knowledge or advanced technical expertise.
- Not eligible for EB-1C, but may qualify under EB-2/EB-3.
- Valid for up to 5 years.
Application Process
Here’s a step-by-step breakdown of how to apply for an L1 visa:
Step 1: File Form I-129
The U.S. employer must file Form I-129 (Petition for Nonimmigrant Worker) with USCIS, along with the L supplement and all supporting documentation.
Step 2: USCIS Processing
Once USCIS approves the petition, the applicant receives an approval notice (Form I-797).
Step 3: Consular Processing or Change of Status
- If the employee is outside the U.S., they apply for the L1 visa at a U.S. embassy or consulate.
- If already in the U.S. on another visa (e.g., B1, H1B, F1), they may request change of status.
Step 4: Entering the U.S.
Once the visa is issued, the employee can travel to the U.S. and begin working at the U.S. company office.
L1 Blanket Petitions
For large companies that frequently transfer employees, the L1 blanket petition offers a streamlined process. Once the blanket petition is approved, individual employees can apply directly at the U.S. consulate—eliminating the need to file separate I-129 petitions for each case.
Eligibility for the blanket petition requires:
- U.S. office operating for at least 1 year.
- At least 3 domestic/international branches.
- 1,000+ employees or $25M in U.S. sales or 10+ L1 approvals in the past 12 months.
Can You Get a Green Card Through L1 Visa?
Yes—especially for L1A visa holders. This is one of the biggest advantages of the L1 visa over others like H1B.
L1A to Green Card (EB-1C)
- No PERM labor certification required.
- Must have been a manager/executive abroad and continue in that role in the U.S.
- Priority processing available.
- Often approved within 12–18 months.
L1B to Green Card
- Must apply through EB-2 or EB-3.
- Requires PERM labor certification.
- May take several years, depending on priority date.
Spouse and Children: L2 Visa Benefits
L1 visa holders can bring their spouse and unmarried children (under 21) under L2 dependent visas.
- L2 spouses can apply for a work permit (EAD).
- L2 children can attend school or college.
- The L2 visa duration matches the L1 holder’s stay.
L1 Visa Validity and Extension
- Initial stay: 1–3 years depending on the scenario (1 year for new office setup).
- Extensions: L1A up to 7 years, L1B up to 5 years.
- Must maintain qualifying employment to renew.
Important: Time spent outside the U.S. doesn’t count toward the max stay—travel records can help extend time in status.
L1 Visa vs. H1B Visa: Key Differences
FeatureL1 VisaH1B VisaCapNo cap85,000 annual limitSponsorSame company abroad and in U.S.U.S. employer onlySpouse Work PermitYes (L2 EAD)Yes (H4 EAD with limits)Green Card RouteEasier for L1ARequires PERMSpecialized Knowledge?L1B onlyRequired
Common Challenges and How to Overcome Them
- Insufficient documentation: Clearly show corporate relationship, job duties, and qualifications.
- “Specialized knowledge” rejections: Provide technical descriptions, training manuals, and examples of proprietary work.
- New office petitions: Show business plan, lease agreements, and evidence of initial funding.
Working with an immigration lawyer can help avoid denials and RFEs by preparing airtight documentation from the start.
Example Case: Tech Startup Expansion
Case: A Turkish tech startup opened a Delaware subsidiary to enter the U.S. market. The CEO filed for an L1A to manage U.S. operations.
Challenges:
- New office setup (1-year validity).
- Proving executive control and a real business plan.
Outcome:
- Approved within 3 weeks via premium processing.
- Green Card filed under EB-1C after 1 year of successful operation.
Final Thoughts
The l1 visa is a powerful tool for international companies to bring talent to the U.S. Whether you’re launching a new office or scaling operations, this visa streamlines intracompany transfers and offers a direct route to permanent residency—especially for executives and managers.
However, eligibility is strict, documentation is complex, and denials are on the rise. That’s why working with an experienced immigration lawyer like Kulen Law Firm can make the difference between approval and delay.
