Frequently Asked Questions for L1 VISA (Intracompany Transferee)

The L-1 visa is among the most useful nonimmigrant visas available to employees of foreign companies. It lets employers transfer key employees to the United States from companies affiliated with or related to a U.S. corporation. Nationals of all countries may qualify if they meet the visa's requirements.

Yes. As with the H-1B, the L-1 visa does not prevent the holder from seeking lawful permanent residence while present in the United States on that visa.

A U.S. employer that wants to transfer a qualifying employee within the same organization must first obtain USCIS permission by filing Form I-129, the petition to classify a nonimmigrant as a temporary worker, with the L supplement.

Form I-129 is filed with the Vermont Service Center or the California Service Center, depending on where the employment is located. If the foreign national will work in multiple locations, the state where the employer is located determines whether the filing goes to the VSC or the CSC.

Two types of employees may be sponsored for L-1 visas:

1. L-1A: Managers/Executives
   The executive or manager must supervise professional staff and/or a key function, department, or subdivision of the employer. USCIS issues an L-1A visa to such personnel initially for three years, extendable in two-year increments up to a maximum of seven years.
2. L-1B: Specialized Knowledge Staff:
   This category covers employees with knowledge of the company's products or services, research, systems, proprietary techniques, management, or procedures. They receive an L-1B visa, initially for three years and extendable to a maximum of five years.

An L-1A visa lasts up to seven years for managers and executives; an L-1B lasts up to five years for persons of specialized knowledge. Initial admission is granted for three years and may be extended. A specialized knowledge employee may extend to the seven-year limit if he or she actually performed executive or managerial duties during the six months before the request and USCIS was notified of the change through an amended petition. A new office is issued for one year, with extensions available. Extensions come in two-year increments: executives and managers may obtain two, and specialized knowledge personnel one.

Extensions are requested on Form I-129 with the L supplement, which covers both the petition extension and the foreign national's extension of stay. Family members' extensions require Form I-539, filed with the petition extension. The petition extension must also include an employer letter describing the continuing employment and a copy of Form I-94 for the foreign worker and each family member. File with the VSC or the CSC, depending on location.

The employee being transferred must have worked continuously for the overseas company for at least one year within the three years before entering the United States. Short business or pleasure trips to the U.S. during that year do not disqualify the employee, but extended trips or visits may be treated by USCIS as interrupting the one-year employment requirement.

The foreign employer must be related to the U.S. company as a subsidiary, affiliate, or division. In most cases the relationship must be documented for USCIS, though large, well-known multinational corporations may not need to document it.

No. The regulations allow entities other than corporations to serve as qualifying companies, including partnerships and sole proprietorships. In a noncorporate setting, the employing company must be shown to be a separate entity from the employee being transferred. For a larger, well-established company organized other than as a corporation, the L-1 visa may still be available, but the burden of proving the company's separate business and economic identity is heavier.

The petitioning company must remain a qualifying organization, and the foreign company must stay a viable business throughout the L-1 holder's employment period. If the foreign entity ceases to exist or to function as a viable business, the employee's L visa is jeopardized.

The law requires the L-1 holder to be a manager, executive, or person of specialized knowledge in the foreign entity and to continue in that capacity at the U.S. company.

The definitions of “manager“ and “executive“ are the same as those used for EB1-C Multinational Managers and Executives. The law defines a “manager“ as follows:

1. Someone who primarily manages the organization, or a department, subdivision, function, or component of it. The concept of a function makes the definition more useful for smaller companies, or for companies in which one person primarily manages and runs a key function or
2. Someone who primarily supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; or
3. Someone with authority to hire and fire, and to recommend those and other personnel actions, if he or she supervises other employees; if no employees are supervised, someone who functions at a senior level in the organizational hierarchy or with respect to the function managed; or
4. Exercises discretion over day-to-day operations of the activity or function for which the employee has authority.

An executive is someone who

1. Directs management of the organization or of a major component or function,
2. Sets the goals and policies of the organization, component, or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders.

A qualified person of specialized knowledge must possess special or unique knowledge of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and how they apply in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures. “Special knowledge“ means knowledge that differs from, or exceeds, the ordinary knowledge of an employee in a particular field.

The position need not be identical to the one held abroad or carry all the same responsibilities, but the U.S. position must be at least equivalent in classification to the original.

No. There is no annual quota for the L-1 visa.

The spouse and unmarried children under 21 of an L-1 holder are admitted as L-2s and may study full-time in the U.S., but only the spouse may work.

Spouses and unmarried children under 21 of L-1 workers may receive L-2 status. A recent change in immigration law allows spouses to obtain work authorization in the United States, and dependents may study at U.S. schools and universities.

The L-1 category offers several advantages over other work visas: no annual limit applies to the number of visas issued, holders may pursue permanent residence, some managers and executives may petition for a green card without labor certification, and dependents may obtain work authorization.

No. U.S. employers need not show that the employee earns the prevailing wage paid to similarly employed U.S. workers; the employee's U.S. income need only prevent reliance on public assistance.

We provide everything needed to file your L-1 petition, including:

1. Contacting your employer and working with it to secure sponsorship of your petition.
2. Drafting an employment verification letter describing your company, your position, and your qualifications for your employer to review and sign.
3. Providing a list of supporting documents to prepare with the petition;
4. Organizing all required documentation for your L-1 petition in accordance with USCIS regulations.
5. Drafting the petition letter and revising it until you are satisfied.
6. Submitting the completed petition materials to the appropriate USCIS center, and
7. Contacting USCIS to inquire about the status of your pending case.