L-1 Visa: Intracompany Transfer
Transfer executives, managers, and specialists from your foreign company to the USA
Annual Limit
No lottery required
L-1A Maximum
Managers/Executives
L-1B Maximum
Specialized knowledge
Prior Employment
Required abroad
What Is the L-1 Visa?
Transfer from Foreign Office to US Operations
The L-1 visa allows multinational companies to transfer employees from foreign offices to US operations. Unlike the H-1B, there is no annual cap, no lottery, and no requirement to pay prevailing wages.
L-1 Advantages
- No annual cap or lottery
- No prevailing wage requirement
- Spouse can work (L-2 EAD)
- Can establish new US office
- Direct green card path (L-1A)
Who Qualifies
- Executives and managers (L-1A)
- Specialized knowledge workers (L-1B)
- Business owners transferring self
- Key personnel with company-specific knowledge
L-1A vs L-1B Comparison
Managers/Executives vs Specialized Knowledge
| Factor | L-1A | L-1B |
|---|---|---|
| Category | Managers & Executives | Specialized Knowledge |
| Maximum Stay | 7 years | 5 years |
| Initial Period | 3 years (1 yr new office) | 3 years (1 yr new office) |
| Green Card Path | EB-1C (no PERM) | EB-2/EB-3 (PERM required) |
| Best For | Business owners, C-suite, dept heads | Engineers, developers, specialists |
Qualifying Corporate Relationship
US and Foreign Entity Connection
The US and foreign entities must have a qualifying relationship. The foreign company does not need to be the parent - subsidiaries, affiliates, and branches also qualify.
Parent-Subsidiary
- One company owns 50%+ of the other
- Most common L-1 structure
- Foreign parent + US subsidiary
Affiliate Companies
- Same parent owns both entities
- Same person/group owns both
- Approximately same proportions
Branch Offices
- US office is branch of foreign company
- Not separate legal entity
- Same employer, different location
Joint Ventures
- May qualify with sufficient control
- Requires careful analysis
- Check ownership percentages
Employee Requirements
- Employed by foreign company for at least 1 continuous year within past 3 years
- Employment was in managerial, executive, or specialized knowledge capacity
- Coming to US to work in managerial, executive, or specialized knowledge capacity
- Qualifying employment must have been outside the United States
L-1 for New US Offices
Establishing US Operations
The L-1 allows foreign companies to send an executive or manager to establish a new US office. This is how many foreign entrepreneurs first enter the US market.
| Requirement | New Office | Established Office |
|---|---|---|
| Initial Validity | 1 year only | 3 years |
| US Entity | Physical premises secured | Operating 1+ year |
| Business Plan | Required | Not typically required |
| Employees | Plan to hire within 1 year | Org structure in place |
Application Process
Step-by-Step L-1 Filing
1. Establish US Entity
- Form US corporation or LLC
- Secure office space
- Open US bank account
- Establish qualifying relationship
2. Prepare I-129
- Evidence of qualifying relationship
- Employee's qualifying employment
- US position details
- Business plan (new offices)
3. File with USCIS
- Submit Form I-129 + L supplement
- Premium processing: $2,805
- Premium: 15 business days
- Regular: 4-6 months
4. Consular Interview
- Schedule interview abroad
- Bring approval notice
- Company documents
- Evidence of ties to home country
L-1 to Green Card
EB-1C Multinational Manager Pathway
L-1A managers and executives can transition to permanent residence through EB-1C without PERM labor certification.
EB-1C Requirements
- 1 year abroad as manager/executive
- Coming to US as manager/executive
- US entity doing business 1+ year
- Qualifying relationship continues
L-1B Green Card Path
- Requires PERM labor certification
- EB-2 or EB-3 categories
- Adds 12-18 months to timeline
- Consider L-1A if possible
Blanket L-1 for Large Employers
Companies that regularly transfer employees can obtain blanket L-1 approval, eliminating individual USCIS petitions for each transfer.
Blanket Eligibility
- Commercial trade or services
- US office operating 1+ year
- 3+ domestic/foreign branches
Plus One of These
- 10+ L-1 approvals in past 12 months
- US annual sales $25M+
- 1,000+ US employees
With blanket approval, transferees apply directly at US consulate - significantly faster process.
Frequently Asked Questions
Can I use L-1 to start a new business?
Yes, the new office L-1 allows you to establish a new US subsidiary or affiliate. However, you must have been employed by the foreign parent company for at least 1 year in a qualifying capacity. You cannot use L-1 to start an unrelated business.
What is the minimum company size?
No minimum size requirement exists. Even small companies can qualify with genuine qualifying relationship and qualifying employees. However, smaller companies face more scrutiny to prove the managerial role is genuine.
Can I work for multiple employers?
No, L-1 status is employer-specific. You can only work for the petitioning employer in the described position. To work for a different employer, you need a new visa petition.
What happens after maximum stay?
After 7 years (L-1A) or 5 years (L-1B), you must depart the US for at least 1 year. Exception: pending or approved I-140 immigrant petition allows 1-year extensions beyond the maximum.
Does my spouse get work authorization?
Yes, L-2 dependent spouses can apply for an EAD and work for any US employer. This is a significant advantage over some other visa categories. Children on L-2 can attend school but cannot work.