Work and Employment
L1 Visa: Everything You Need to Know
L1 visa (Intracompany Transferee) is a temporary work visa for people who currently work for an overseas company and want to transfer to work for a related employer in the US. We wrote this ultimate guide to explain L1 visa requirements in simple words with no legal jargon.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
8 min read • Feb 11, 2024
Key takeaways
The L1 visa helps companies transfer employees with skills and experience to the U.S.
There are two types of L1 visas depending on your role: L1A is for managers and executives and L1B is for those with specialized knowledge related to their work.
L1 visa requirements are fairly straight forward. You must be working for at least 1 full year for the foreign company before you transfer and the company must be active and real.
Your company abroad and the U.S. company must be related to each other to meet L1 visa requirements. We will explain it below in simple terms.
Going from L1A visa to Green Card can be a real possibility!
Take our L1 visa quiz to find out.
Thousands of people have selected an L1 visa as their path to the United States and there are many reasons for that:
No annual caps or limits are imposed on L1 visa unlike H1B visa
Does not require an investment like E2 visa
Relatively easy and straightforward requirements
Up to 7 years duration for L1-A visa and up to 6 years for L1-B visa
L1 visa holder spouses can get a U.S. work authorization
"Over 72,000 immigrants have successfully applied for L1 visas"
USCIS, 2022
A parent is a legal entity that owns and controls another entity (subsidiary).
Ownership means the legal right of possession with full power and authority to control.
Control means the right and authority to direct the management and operations of the business entity.
Generally, USCIS considers ownership of more than 50 percent of an organization as evidence of control.
For example, Nestle is the parent company of Gerber and Purina. In this situation, Nestle could transfer an international manager to head a subsidiary Purina office in the U.S.
An affiliate relationship includes entities owned and controlled by the same parent or group. Affiliation can be through ownership, control, or coordinated marketing.
In the example with Nestle above, Gerber and Purina would be affiliates since they are both owned by the same parent company (Nestle).
A branch refers to an operating division or office of the same organization in a different location
The classic example of a “branch” is the structure of a bank. An international bank such as HSBC could have a number of branches that operate as outposts of the main company. In this situation, HSBC could transfer a manager from their headquarters in the UK to run an HSBC branch in the US.
Well, this depends on the nature of the companies. Showing ownership and control for an L-1 relationship might require different types of evidence.
Possible evidence of corporate relationships:
Corporate tax returns
Shareholder agreements
Share certificates
Annual reports
Articles of incorporation
Board resolutions
M&A agreements
JV agreements
Other documents confirming the ownership structure
Another important L1 visa requirement is that a foreign company involved in the L1 visa application – it has to be actively doing business. Doing business isn't just having an office or an agent – it means regularly and consistently delivering goods or services to clients.
Just having an agent or office in the U.S. or abroad doesn't count as doing business. The foreign company must have revenue from clients and have actual employees.
💡 Manifest Tip: If the foreign company stops its operations completely before the visa is issued, you won't qualify for the L1 visa.
Whether you're going for an L1A visa or L1B visa, showing one full year of employment with the foreign company before the transfer is crucial. While it's generally straightforward, there are a few things to keep in mind:
The one full year has to have been within the 3 years period before you apply for the L-1 visa.
You must have been doing the right kind of job (managerial, executive, or specialized knowledge, as defined above) throughout the entire year.
Short trips to the U.S. won't break the one-year period, but they'll add more time that must be spent working abroad to reach a full year.
If you’re already in the U.S. with another work visa (like an H1BH-1B visa), you calculate the year from when you entered the U.S. with that status, rather than the date you apply.
💡 Manifest tip: You can sometimes “mix and match” the roles abroad and in the U.S. (e.g. working as a manager abroad, and transferring to the U.S. to work as a specialist). Your visa category (L-1A or L1B) is determined by the U.S. role. However, if you're opening a new office on an L-1A visa, the experience abroad must be managerial or executive too.
What about a new office?
If your company is venturing into the U.S. for the first time, there's a specific L-1 visa subcategory tailored for that scenario: the "new office" L-1 visa.
This is applicable to a U.S. office that either hasn't opened yet, or has been open for less than one year. While it generally shares the same L1 visa requirements as the other subcategories, there are specific conditions for new offices:
You’ll need to prove you’ll have a physical U.S. office.
This can be shown by a lease or other contract for the space.
Include color photographs of the office, equipment, and other details.
You’ll need to show that the U.S. operation will be active enough to support an executive, managerial, or specialized knowledge role (including employees to manage).
Submit a detailed business plan, financial projections, and a proposed org chart.
Confirm the progress made by filing for an extension after one year.
So, you’ve established that your employer abroad has the right kind of relationship with the U.S. company, and that your foreign business is active and operational with revenue and clients.
The next step is to check if you, as an individual, meet the specific L1 visa requirements. This involves taking a closer look at your past and future job roles.
As we noted earlier, there are two L1 visa types: L-1A and L-1B.
What is an L1A visa?
How to qualify as a manager for L1A visa requirements?
What is a “personnel manager”?
What is a “function manager”?
How do I qualify as an Executive for an L1 visa?
💡 Tip: Many Executives also may qualify as Managers, which could be an easier L1-A visa case for certain roles.
What is an L1B visa?
The L-1B visa is for individuals with specialized knowledge about the company's products, services, research, systems, or procedures.
“Specialized knowledge” refers to unique knowledge about something important at your company.
This specialized knowledge could be about the company’s:
products
services
research
equipment
techniques
management
any other aspects of the business
Additionally, it may involve having a deep level of expertise in the organization's processes and procedures. The main test for determining "specialized knowledge" is based on whether teaching this knowledge to someone else would be costly.
For the L-1B visa, it depends on whether the U.S. role requires expertise not commonly found in the industry and is too complex to easily teach to a current U.S. employee.
A few ways to demonstrate specialized knowledge include:
Demonstrating proprietary knowledge through agreements, patents, or excerpts from training manuals.
Showing a limited number of individuals within the company possessing this level of knowledge.
Illustrating the connection between the foreign national's knowledge and specific products through company brochures.
Offering evidence of the foreign national's education and training in the relevant industry.
Including newspaper or trade journal articles detailing the unique nature or value of the knowledge.
How long can I stay on an L1 visa?
Let’s now cover the L1 visa duration. This depends on your specific situation:
❗ Note: If you’re the sole or major owner of the company, you’ll need to show that you plan to return home once your work under L-1 visa status ends.
The Form I-129
Form I-129 form is filled by a US based immigration employer that is willing to petition for you to receive a US based visa.
You can download form i-129 here for free.
Your L1 visa petition is filed on Form I-129. It looks like this:
There are two fees associated with your L1 visa application:
L1 visa lawyer fees
Government fees and other costs
L1 visa lawyer cost
Form I-129
(“Petition for Nonimmigrant Worker”)
Asylum Program Fee
Form I-907
Premium Processing Fee (optional)
DOS Visa Fee
(when getting visa stamp abroad):
Filing Fee: $1,385
of $600. Nonprofit petitioners are exempt from the fee, while small employers (<25) are subject to a reduced fee of $300.
$2,805
$205
Manifest Law©️. Learn more on www.manifestlaw.com
To determine the full L1 visa cost check USCIS here.
Since L1 visa applications can be complex and involve a lot of paperwork, many people find it helpful to work with a lawyer.
Hiring an L1 visa lawyer can help you avoid costly mistakes and increase your L1 visa approval rate. Qualified immigration lawyers know how the L1 visa process works, help you gather the right evidence, and make sure you meet the L1 visa requirements.
Here at Manifest Law, we only work with experienced L1 visa lawyers. If you choose to hire Manifest Law, we offer flexible payment plans stretching up to 6 months, a visa-approved or money-back guarantee (terms apply), and immigration lawyers who are well-versed in the L1 visa process.
How to choose an L1 visa lawyer?
Can I convert from an L1 visa to green card?
What is the difference between L1A vs L1B visas?
Can I convert from an H1B visa to an L1 visa?
How much does an L1A visa cost?
Can I bring my spouse or children with me when I am on an L1 visa?