L-1 classification may allow a qualifying organization to transfer an eligible employee temporarily to the United States for managerial, executive or specialized-knowledge work. Eligibility depends on the qualifying relationship between the organizations, their business operations, the employee’s qualifying employment abroad and the proposed U.S. role. Additional requirements apply to a new office.
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Overview
Congress added the L nonimmigrant category in 1970. It provides a route for qualifying temporary intracompany transfers. See the historical amendment notes to 8 U.S.C. 1101. Unlike some work visas there is no annual limitation on the number issued. In fiscal year 2019, U.S. consular posts issued 76,988 L-1 visas, according to the Department of State’s visa statistics. This is historical visa-issuance data, not a count of current approvals or unique employees.
Multinational companies from all over the world transfer their employees to the US via the L visa. The chart below is a historical illustration of L-1 visa issuances by country of citizenship, including India, the United Kingdom, Brazil and China. It is not a current country ranking or an indication of an individual applicant’s eligibility.
Qualifications for an L visa
For an employee to be eligible for an L visa, the employee must have worked for the foreign employer for one continuous year out of the preceding three years. The U.S. and foreign organizations must have a qualifying parent, branch, subsidiary or affiliate relationship. The evidence must establish the applicable relationship, ownership or control and business operations.
There are two types of L visas, L-1A and L-1B. L-1A concerns qualifying managerial or executive employment in the United States; the prior foreign and proposed U.S. jobs need not be identical. L-1B visas are for those with specialized knowledge. Both visas are very specifically defined by government regulations. For executives, the following is the federal regulation:
8 CFR 214.2(l)(1)(ii)(C)
https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.2
EXECUTIVE CAPACITY means an assignment within an organization in which the employee primarily:
(1) Directs the management of the organization or a major component or function of the organization.
(2) Establishes the goals and policies of the organization, component, or function.
(3) Exercises wide latitude in discretionary decision-making.
(4) Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
Executive titles such as CEO, COO, CFO or CTO do not establish L-1A eligibility by themselves. The actual duties and authority must satisfy the regulatory definition.
For managers, the following is the federal regulation:
8 CFR 214.2(l)(1)(ii)(B) states
MANAGERIAL CAPACITY means an assignment within an organization in which the employee primarily:
(1) Manages the organization, or a department, subdivision, function, or component of the organization.
(2) 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.
(3) Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised, or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed.
(4) Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.
The proposed U.S. position must meet the applicable managerial or executive definition. For an individual petition, the qualifying year abroad may have involved managerial, executive or specialized-knowledge work; the foreign and U.S. jobs need not be identical. A new-office managerial or executive petition has a separate requirement for the qualifying foreign managerial or executive year.
For those employees qualifying for an L-1B visa, they must meet the definition of having specialized knowledge. The following is the government regulation:
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).
This regulation was further defined by a memorandum of USCIS in 2015: the foreign national needs to meet one of these standards:
- special knowledge, which is knowledge of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets that is distinct or uncommon in comparison to that generally found in the particular industry; or
- advanced knowledge, which is knowledge of or expertise in the petitioning organization’s specific processes and procedures that is not commonly found in the relevant industry and is greatly developed or further along in progress, complexity and understanding than that generally found within the employer.
As can be seen, the definitions of executives, managers and employees with specialized knowledge are very specific. The challenge in every L visa petition is to show the transferring employee meets one of the above categories.
Filing the L Visa Petition
For an individual L petition, the U.S. employer files Form I-129 with the applicable L supplement and supporting evidence. The lists below are examples for case preparation, rather than a universal list of documents required in every case. The evidence must address the qualifying organizations, employment abroad and proposed U.S. duties; additional requirements apply to a new office.
From the U.S. Company
- Article of incorporation or association
- Application for EIN (Form SS-4)
- Stock certificates
- Lease of business location
- Bank statement or wire transfer evidencing initial investment
- Audited accounting reports (balance sheets, profit/loss statements, cash flow reports)
- Corporate income tax return Form 1120 (if any)
- Employer’s Quarterly Report Form 941 (if any)
- Description of company business
- Commercial contracts, invoices, bills of lading, letters of credit, etc.
- Bank statements for 1 year.
- Company letterhead (several sheets)
- Company structure, plan of employing new employees, including detailed organizational chart, showing names, titles, duties, salaries and education.
- Pictures of the main office (interior and exterior)
- Detailed letter of offer for the employee being transferred
- For a new office, a business plan explaining the proposed operation, organization, financial goals, investment and staffing; the planning period and supporting documents depend on the case.
- Employee W-2 forms.
From the Foreign Company
- Business license
- Article of incorporation
- Income tax filings for the past three years
- Audited accounting reports (balance sheets, profit/loss statements, cash flow reports)
- Organizational chart, total number of employees, titles, duties, salaries, education levels and position held by the transferee
- Company brochure or product introduction
- Documents of business transactions (contracts, bills of lading, letters of credit)
- Bank statements, or transactional records for 1 year.
- Company letterhead with company logo, name, and address (several sheets)
- Pictures of company’s main office, factories, or buildings (Disregard if already included in company brochure)
- For a new office, evidence supporting the U.S. business plan, including the foreign organization’s structure and financial capacity.
- Detailed letter from employer explaining duties of employee and length of employment with employer.
From the Employee
- Resume
- Diploma
- Employment verification letter from the foreign company, detailing exactly what the employee has been doing.
- Board resolution or appointment documents verifying the transfer
- Any other documents showing transferee’s capability to conduct business in the technical position.
- One year of pay slips from employee
The two most important issues facing an L visa petition is 1) showing the legal connection between the foreign company and the US company, and 2) showing that the employee meets the definitions of executive, manager or a person with specialized knowledge. The qualifying corporate relationship must be supported by evidence appropriate to the structure. Depending on the case, this may include stock records and other documents showing ownership and control.
For example, Company A is a US fully owned subsidiary of Company B, a foreign company. Evidence must be provided showing the ownership of Company A by Company B. Examples can be a Board Resolution from Company A describing the issuance of stock to Company B, a stock certificate showing the issued shares of Company A are held by Company B and a US corporate tax return from Company A, which includes a tax schedule that shows that Company A is owned by Company B.
With respect to showing the employee meets the definition of executive, manager or a person of specialized knowledge, the evidence may include detailed letters from the foreign and U.S. companies about the employee and the proposed U.S. position. A foreign-employer letter should explain the employee’s actual duties in enough detail to support the claimed qualifying employment. For an executive or managerial case, relevant details may include the divisions or functions overseen, any employees supervised, and their positions, education, duties and salaries, as applicable to the actual role. For a specialized-knowledge case, letters and supporting records should explain how the employee’s knowledge meets the applicable definition. Relevant details may include the nature of the work, its business or financial importance, and the training and education connected with the role.
A U.S.-employer letter should explain the proposed duties and how they support the classification requested. Depending on the role, it may address the employees, divisions or functions overseen, or the relevance of the specialized knowledge to the proposed U.S. work and the company’s business. Organizational charts from the foreign and U.S. companies may help explain the role. Where relevant, they should identify supervisors and subordinates and explain their positions, duties, education and salaries; the details should reflect the actual organization and the claim being made.
In addition to the letters, extensive documentation must be provided showing how the executive/manager or person with specialized knowledge meets the requirements of the law. For executive or managerial cases, examples may include memoranda, emails and contracts showing the actual managerial or executive duties. For persons with specialized knowledge, evidence of completed training, education, confidentiality agreements, licenses, samples of products the employee developed and their market success are examples of evidence that may be relevant to the specific claim.
USCIS processing times vary by service center, case type and workload. Premium processing is available for qualifying Form I-129 L petitions for the current fee and response period published by USCIS. A premium-processing response may be an approval, denial, notice of intent or request for evidence; it does not guarantee approval or final completion.
Filing fees depend on the petition type, employer size and case circumstances, and USCIS changes them periodically. Verify every applicable fee against the current USCIS fee schedule before filing.
Finalizing the L Visa Process
After USCIS approves an individual L petition, a beneficiary who needs an L visa normally completes Form DS-160 and follows the instructions of the relevant U.S. consular post for the interview and supporting documents. Petition approval does not itself issue a visa: the consular officer makes a separate determination of visa eligibility and admissibility. Required documents and appointment procedures vary by post and case.
An approved blanket petition covers specified qualifying organizations. It does not establish eligibility for every employee. Each beneficiary must separately qualify as a manager, executive or specialized knowledge professional under the blanket rules. For a beneficiary applying for an L visa under an approved blanket petition, Form I-129S is part of the consular application, together with the DS-160 confirmation and the required supporting documents. Supporting evidence should address the foreign and U.S. employment and the classification sought. Follow the Department of State’s temporary-worker visa guidance and the current instructions of the consular post.
An individual L petition may initially be approved for up to three years; a new-office petition for up to one year. New Office refers to doing business in the United States for less than one year, rather than the company’s incorporation date. Extensions depend on eligibility and supporting evidence. Petition approval, visa validity and the authorized period of stay are distinct; the admission record must be checked. Extensions of stay may be granted in increments of up to two years. The general maximum stay is seven years in a managerial or executive capacity and five years in a specialized-knowledge capacity; prior stays and applicable exceptions require individual review.
Family Members of L-1 Visa Holders
The spouse and unmarried children under 21 of an L-1 principal may qualify for L-2 classification. Under current rules, an eligible spouse admitted with an I-94 record identifying L-2 spouse status is generally employment-authorized incident to status; the admission record and the documents accepted for Form I-9 should be checked after entry. An employment-authorization application may still be relevant in some circumstances. L-2 children may attend school but are not employment-authorized incident to their dependent status. Visa, entry and documentary requirements vary by post and individual case.
Green Cards
Another advantage of the L-1 visa is that it is considered a dual intent visa. This means that unlike many other visas to the US, the L-1 visa holder may plan on eventually changing their status to that of a permanent resident in the US (green card holder). Permanent residents generally have broader employment authorization than L-1 nonimmigrants. Permanent resident status is distinct from the validity of the card and can be lost or abandoned. U.S. citizenship requires a separate naturalization process and satisfaction of the applicable eligibility requirements. See USCIS guidance on maintaining permanent residence.
L-1 classification does not itself establish eligibility for permanent residence. EB-1C is a separate route for qualifying multinational managers and executives and does not require labor certification. Other employment-based routes have their own requirements. A prior L-1A approval does not establish that an EB-1C petition will be approved. However, there is an employer-based visa category for multi-national managers or executives (EB-1) that does not require the labor certification process. The following is chart produced by USCIS:
| Eligibility Criteria | ||
|---|---|---|
| Categories | Description | Evidence |
| Certain Multinational manager or executive | You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. | Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required. |
An EB-1C employer must establish the qualifying relationship, a managerial or executive U.S. position and at least one year of U.S. business operations. For a beneficiary outside the United States, the qualifying foreign employment is assessed within the three years before petition filing. For a beneficiary already working in the United States for the qualifying employer, the regulation uses the three years preceding nonimmigrant entry. This is not measured simply from L-1A visa issuance.
This category of immigrant petitions is known as Employment Based Immigration – First Preference EB-1 or just EB-1, for short. The employer uses form I-140 (Immigrant Petition for Alien Workers) instead of the form for non-immigrant workers. An L-1A beneficiary may potentially pursue EB-1C if the separate immigrant-classification requirements are met. Whether Form I-485 may be filed with or after Form I-140 depends on visa availability and the eligibility of each applicant; derivative family members file their own adjustment applications. Premium-processing availability and response periods for EB-1C Form I-140 petitions must be verified under current USCIS rules. Approval and timing remain case-specific.
An employer may consider EB-2 or EB-3 sponsorship for an L-1B employee if the separate immigrant-category requirements are met. Where labor certification is required, the employer must follow the applicable Department of Labor recruitment process. Its steps depend on the occupation and case; fixed waiting periods should not be assumed. The employer must also address the applicable prevailing-wage requirements. The labor-certification process examines the job requirements and recruitment for available U.S. workers. Rejections must have lawful, job-related reasons; the process does not require showing that the sponsored employee is the only qualified person. Where required, an approved labor certification supports the subsequent immigrant petition, whose category and eligibility must be assessed separately. Eligible derivative family members seeking adjustment of status each file a separate Form I-485. Concurrent filing depends on immigrant-visa availability and the filing requirements and eligibility of each applicant. See 8 CFR 245.2(a)(2)–(3).
Conclusion
L-1 cases depend on the qualifying relationship between the entities, the beneficiary’s role, the evidence and the correct filing route. Prior results do not guarantee a future outcome. Cohen Brosh Law Offices assists with L-1A and L-1B eligibility review and petition preparation. Contact us for an assessment based on the specific facts. This page provides general information and is not a substitute for legal advice.