The L-1 Intracompany Transfer Visa

Transfers between related businesses: L-1A versus L-1B, overseas employment, new offices, family and application steps.

Overview: L-1 lets a qualifying business transfer an employee from a related business abroad to work in the United States. L-1A is for managers and executives; L-1B is for employees with specialized knowledge. A job title, ownership of a company, or a U.S. job offer alone does not establish eligibility.

1. The relationship between the businesses

The overseas and U.S. organizations must have a qualifying relationship, such as parent and subsidiary, branches of the same organization, or qualifying affiliates. The evidence must show actual ownership and control. Sharing a brand, supplying products to each other, or signing a cooperation agreement is not enough by itself.

The qualifying organization must do business in the United States and at least one other country for the required period. Doing business means regular, systematic provision of goods or services; a registered company and mailing address alone do not establish an operating business.

2. The employee’s work abroad

The employee generally needs one continuous year of qualifying full-time employment abroad within the relevant preceding three-year period. Work abroad must have been managerial, executive, or involved specialized knowledge. How the three-year period is measured can require adjustment where the employee has already worked in the United States for a qualifying organization.

Payroll records, employment dates, tax or social-insurance evidence and job descriptions document the overseas employment and actual duties. Brief U.S. visits generally do not break an otherwise continuous year, but days in the United States do not count toward the required year abroad. Travel history therefore affects the calculation.

3. U.S. duties under L-1A and L-1B

L-1A: the employee will primarily manage an organization, department, qualifying function, or professional/managerial staff, or direct the business as an executive. A first-line supervisor does not automatically qualify. A function manager can qualify without directly supervising employees, but the evidence must show that the person manages an essential function at a senior level rather than mainly performing it.

L-1B: the employee has qualifying specialized knowledge of the organization’s products, services, processes, or other interests. Evidence addresses the knowledge, how it was acquired, why it is special or advanced, and its proposed use. General industry experience or a company’s statement that someone is valuable is insufficient on its own.

Example: an overseas operations director transferring to oversee a staffed U.S. division may fit L-1A. Someone who will personally handle most sales, deliveries, and customer service needs a closer assessment of whether the proposed role is truly managerial.

Opening a new U.S. office

A new office generally has been doing business in the United States for one year or less. Initial approval is limited to one year. The petition needs suitable premises and evidence supporting the planned operation, including funding and business activity.

For a new-office L-1A case, the qualifying work abroad must have been managerial or executive, and the plan must show that the U.S. operation will support a managerial or executive position within one year. The business plan documents staffing, customers, revenue assumptions and who will perform routine work. At extension, actual progress matters; repeating the original projections is not enough.

Application steps

  1. The employer assembles corporate, financial, employee and job evidence.
  2. It normally files I-129 with the L supplement and supporting documents with USCIS. Some qualifying organizations use a blanket petition procedure; blanket approval does not establish each employee’s eligibility.
  3. After the appropriate petition approval, an employee abroad applies for a visa where required and completes Consular processingApplying for an immigrant visa at a U.S. embassy or consulate abroad, as an alternative to adjustment of status inside the United States.See it in the glossary. Certain Canadian applicants have a different admission procedure.
  4. The I-94The Arrival/Departure Record that U.S. Customs and Border Protection creates when a nonimmigrant is admitted. It shows the class of admission and an Admit Until date, and most are now electronic and available on the CBP I-94 website. USCIS can also issue one when it approves an extension of stay or a change of status.See it in the glossary records the admission classification and expiration. For an in-country case, the notice identifies whether USCIS granted a change or extension of status or approved only the petition for consular processing.
  5. The assignment can begin only when the applicable employment authorization is effective.

Length of stay, family and changes

Established-office cases can generally receive up to three years initially. Extensions are generally in increments of up to two years, with maximum periods ordinarily seven years for L-1A and five for L-1B. Qualifying time abroad and specific exceptions can affect the calculation. A promotion does not automatically convert an L-1B case into a seven-year L-1A case.

A spouse and unmarried children under 21 may qualify for L-2. An eligible spouse in valid L-2S status is employment-authorized incident to status; an appropriately annotated I-94 can be evidence for employment verification. Children cannot work merely because they have L-2 status. Dependents may study.

L-1 authorization is tied to the qualifying employment. A different employer, corporate restructuring, or substantial duty change needs review before implementation. An eligible discretionary grace period after job loss does not itself authorize work for a new employer.

Costs and a possible green-card path

Costs include petition fees, applicable additional employer fees, optional Premium processingAn optional USCIS service, requested on Form I-907 with an additional fee, that sets a fixed time frame for USCIS to act on certain petitions and applications. Within that time USCIS must issue an approval, denial, request for evidence or notice of intent to deny, or open a fraud investigation. It speeds up when USCIS acts, not the standard the case must meet, and only some forms and categories are eligible.See it in the glossary and consular charges. Premium processing concerns USCIS’s response to an eligible petition; it does not guarantee approval or a visa appointment.

L-1 permits a permanent-residence plan, but it does not automatically become a green card. Some managers and executives qualify separately for Multinational executive or manager (EB-1C)The EB-1 category for managers and executives transferred to a U.S. employer from a related company abroad. The person must have worked abroad for a qualifying organization for 1 year of the previous 3 and have a permanent job offer in a managerial or executive position with a U.S. employer that has been doing business for at least a year. The employer files Form I-140, and no labor certification is required. It is not available for opening a new U.S. office.See it in the glossary. L-1A approval does not guarantee EB-1C approval, and L-1B employees may need a different employment-based route.

Official sources

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