L-1 intracompany transfer visa
The L-1 is the intracompany transferee visa. It allows managers, executives and employees with specialized knowledge who have worked for a company abroad for a certain period to be transferred to work for a related company in the United States. There's no annual cap, no lottery, and no labor certification as with PERM. For business owners and key managers who already have an operating company in China or another country and plan to set up a U.S. branch, the L-1 is a very common way to come to the U.S.
The L-1's limits: it is tied closely to the relationship between the foreign and U.S. companies and to your position abroad; you can only work for the sponsoring company; and there's a maximum period of stay. L-1A managers and executives can later move on to an EB-1C multinational manager green card, which is a major reason many business owners choose the L-1.
L-1A and L-1B
| Comparison | L-1A | L-1B |
|---|---|---|
| Who it covers | Managers or executives | Employees with specialized knowledge |
| Initial approval period (generally) | Up to 3 years; up to 1 year for a new office | Up to 3 years; up to 1 year for a new office |
| Maximum stay | 7 years | 5 years |
| Path to a green card | EB-1C may be an option, with no labor certification | Generally requires another route, such as PERM labor certification |
A manager is someone who primarily manages the organization, a department or a core function; supervises other professional or managerial staff (or manages an essential function); has the authority to make or recommend personnel decisions; and exercises discretion over day-to-day operations. An executive is someone who directs the management of the organization or a major component of it, establishes its goals and policies, has wide latitude in decision-making, and receives only general supervision from higher-level executives, the board of directors or shareholders. A supervisor who only oversees frontline, non-professional employees generally isn't a "manager" for L-1A purposes.
Specialized knowledge means special knowledge of the company's products, services, research, equipment, techniques, management or processes, or an advanced level of knowledge of the company's processes and procedures, that isn't common in the industry and can't easily be passed on to someone else in a short time.
Who it suits
- Business owners, or shareholders who are also executives, who run an operating company abroad and plan to set up a U.S. subsidiary or branch;
- Managers sent to the U.S. by multinational groups;
- Engineers and key technical staff who know the company's core technology, products or processes (L-1B);
- Managers of foreign companies who hope to obtain a green card through EB-1C in the future.
Requirements
1. A qualifying relationship
The foreign employer and the U.S. employer must have one of the following relationships:
- Parent: a company that owns subsidiaries;
- Branch: an operating office of the same legal entity in another location;
- Subsidiary: a company in which the parent directly or indirectly owns and controls more than half, or owns 50% with veto power, or owns less than half but in fact controls;
- Affiliate: two companies owned and controlled by the same parent or the same individual (or the same group of individuals, each owning roughly the same share).
Ownership and control must be proven with documents such as articles of incorporation, shareholder registers and capital contribution records. A common problem with family businesses is that shares are spread among several family members, or held through nominee arrangements, so the structure needs to be sorted out in advance.
Both companies must actually be doing business throughout the transfer, meaning they regularly and continuously provide goods or services, not merely have an agent or office in the location.
2. Employment abroad
Within the three years before the petition is filed, the beneficiary must have worked for the qualifying foreign company full-time for one continuous year in a managerial, executive or specialized knowledge position. Time spent in the U.S. doesn't count toward that year, but it doesn't break continuity either (brief business trips to the U.S. usually don't matter). Time working for the same company in the U.S. in another status doesn't count as employment abroad.
3. The U.S. position
In the U.S., the position must be managerial or executive for L-1A, or require specialized knowledge for L-1B. The U.S. position doesn't have to be identical to the one abroad. For example, someone who was a specialized knowledge employee abroad can apply for L-1A to work as a manager in the U.S., as long as they meet the relevant definition.
4. New-office L-1A
A U.S. company that has been in business for less than a year is a "new office." In addition to the requirements above, you need to show:
- That sufficient physical premises have been secured (usually a signed commercial lease);
- That the U.S. company can grow within one year of approval to a size that supports a managerial or executive position;
- That the foreign company has the size and financial ability to fund the U.S. company;
- The amount of investment, organizational structure, hiring plan and business goals.
A new-office L-1 is initially approved for up to one year. When you apply to extend it after that year, USCIS looks at whether the U.S. company is really operating and has hired staff, and whether the beneficiary is now primarily managing rather than doing the hands-on work. How the business actually does in the first year largely determines whether the extension, and a later EB-1C, succeed.
The process
- Map out the corporate structure and positions: confirm the qualifying relationship between the foreign and U.S. companies, and the beneficiary's length of employment and duties.
- Set up the U.S. company and secure office space (for a new office).
- The U.S. company files Form I-129: with the L supplement and supporting evidence; premium processing may be requested where appropriate (check current USCIS rules).
- I-129 approval: a beneficiary outside the U.S. takes the approval notice to a U.S. embassy or consulate for a visa interview to get the L-1 visa; one already lawfully in the U.S. can request a change of status in the same petition.
- Entry and extensions: work in the U.S. for the approved period and apply to extend before it expires.
Larger multinational companies that qualify can apply for a blanket L petition. Once approved, their employees can apply for the L-1 directly at a consulate without each filing an I-129 with USCIS. Small and mid-sized companies and newly formed companies generally file individual petitions.
Documents you'll usually need
- Foreign company: business license, articles of association, shareholder information, audit reports or financial statements, tax records, photos of the premises, and major contracts and invoices;
- U.S. company: formation documents, proof of ownership, EIN, bank account, lease, capital contribution records and business plan (especially important for a new office);
- Proof of the relationship between the two companies (an ownership chart and supporting documents);
- Organizational charts for the foreign and U.S. companies, listing the name, title, education and duties of staff at each level;
- The beneficiary's employment verification, payroll records, social insurance or individual income tax records, and a detailed job description;
- For L-1B: evidence explaining the specialized knowledge, how it was acquired, and why others couldn't learn it in a short time.
Timing and costs
Government fees for I-129, such as the filing fee and fraud prevention fee, and the premium processing fee change from time to time, and some fees depend on the size of the employer. Rely on the USCIS fees page and USCIS processing times; visa interview wait times are published by the U.S. Department of State. For an overview, see Immigration filing fees and processing times.
Spouses and children: L-2
- Your spouse and unmarried children under 21 can accompany you in L-2 status, for the same period as the L-1 principal.
- Under current USCIS policy, L-2 spouses are work-authorized incident to status: if their arrival record (I-94) carries the corresponding annotation, they can work lawfully in the U.S. on that basis and no longer have to apply separately for a work permit (EAD).
- L-2 children can attend school in the U.S. but cannot work.
Common reasons for denials or RFEs
- The foreign company is too small or not genuinely operating, and can't support the claim that the beneficiary is a "manager";
- The organizational chart shows no professional or managerial staff under the beneficiary, or the beneficiary is actually doing frontline work;
- At a new-office extension, the U.S. company has too little revenue or too few employees, and the beneficiary is still mainly doing the hands-on work;
- Ownership or control isn't clearly proven;
- The L-1B "specialized knowledge" is described vaguely and looks like general industry skills;
- Employment abroad is less than one year, or was interrupted.
For how to respond to a request for evidence, see What to do when you get an RFE.
L-1 compared with similar visas
| Comparison | L-1A | E-2 | H-1B |
|---|---|---|---|
| Lottery? | No | No | Generally yes (except cap-exempt employers) |
| Nationality requirement | None | Must be a treaty-country national | None |
| Core requirement | One year of employment with a related company abroad | Substantial investment and running the business yourself | Specialty occupation and degree |
| Maximum stay | 7 years | Renewable indefinitely | Generally 6 years |
| Immigrant intent | Dual intent allowed | Must intend to depart | Dual intent allowed |
Moving to an EB-1C green card
If an L-1A holder continues in a managerial or executive position in the U.S. and the U.S. company has been operating for at least one year, they can consider applying for an EB-1C multinational manager/executive green card, with no labor certification. Because the L-1 allows dual intent, filing for a green card generally doesn't affect L-1 status. EB-1C requires both the position abroad and the U.S. position to be managerial or executive, so an L-1B holder generally can't apply on the basis of L-1B experience, unless their position abroad itself met the manager or executive definition and they have since moved into a managerial or executive role in the U.S.
Common questions
I own the company abroad. Can I get an L-1 for myself?
Yes. But you need to show that you are an employee of the company in a managerial or executive position, and that the company genuinely operates at a reasonable scale. In cases where the beneficiary is both shareholder and executive, USCIS usually looks more closely at whether the company really operates.
Can the foreign company stop operating while I'm on L-1?
No. Both the foreign and U.S. companies must keep genuinely operating during the L-1. If the foreign company closes, the qualifying relationship no longer exists.
What happens after I reach 7 years?
Once you reach the maximum, you generally need to live outside the U.S. for one year before you can apply for L or H status again. Time spent outside the U.S. usually doesn't count toward the limit and can be "recaptured."
Can I switch to L-1 directly while studying in the U.S.?
Generally not. The L-1 requires one continuous year of employment abroad within the past three years, and time studying in the U.S. doesn't count as employment abroad.
Can I work part-time for another company on L-1?
No. On L-1 you can only work for the U.S. company that sponsored you (and its qualifying related companies, depending on the petition).
Related reading
- EB-1C multinational manager/executive green card
- E-2 investor visa
- H-1B specialty occupation visa
- What to do when you get an RFE
Planning to expand your business into the U.S.? Book an attorney assessment. We'll start by looking at your corporate structure, your position and your plans for the U.S. company, and identify a workable path through L-1 and EB-1C.
This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.