Visa for Intracompany Transferees (L-1)

Effortlessly Transfer Executives and Employees with the L-1 Visa

The L-1 visa is a preferred option for companies that operate in the US and at least one other country or are looking to expand to the US. It allows for the transfer of employees to the US.

There are two types of L-1 visas:

L-1A: for managers or executives, with a maximum stay of seven years.
L-1B: for employees with specialized knowledge of the company’s products, services, or practices, with a maximum stay of five years.

As one of only two “dual intent” visas, an individual who has an L-1 visa may apply for permanent residence (green card), without some of the risks or consequences that they would face when applying for permanent residence with other temporary work visas.

The L-1A visa also provides a direct path to permanent residence (green card), by allowing the L-1A worker to transition to the EB-1C immigrant visa, which has nearly identical requirements. In addition to allowing companies with established U.S. branches to transfer employees, the L-1 visa can also be used to transfer an employee to the United States to oversee the development of new U.S. operations, thus making it a viable option for companies looking to begin conducting business in the United States for the first time.

An often overlooked aspect of the L-1 visa is that it also allows the owner of a foreign company to use the U.S. branch of the company to sponsor their own L-1 visa, thus also making the L-1 a viable option for foreign entrepreneurs.

It is part of a diverse set of American visas that offer unique opportunities to professionals wishing to establish themselves in the United States.

L-1 eligibility conditions

An organization must be doing business in the United States and at least one other country.
There must be a U.S. organization, which can be a company or even a non-profit, and a foreign organization which have a qualifying relationship. The qualifying relationship between the companies can be that of parent-subsidiary, branches, affiliates or separate entities that have common ownership.
In order to be transferred from their position in the organization’s foreign branch to the organization’s U.S. branch, the foreign worker must have been employed for at least one full year in the last 3 years, full time, in an executive, managerial or specialized knowledge position.

L-1 advantages

There is no annual limit on the number of L-1A visas that may be issued, and if a premium processing fee is paid, can be approved in only 15 days, followed by 3-8 weeks on average for visa issuance.
The L-1 visa is not limited to large organizations, small or medium-sized organizations can also utilize it. Additionally, the owner of the organizations filing the L-1 visa can direct the organization to file an L-1 on their behalf, thus making the L-1 visa a viable option for entrepreneurs and even startups.
The L-1A visa for managers and executives in particular can facilitate the process of obtaining permanent residence for the foreign national, through the EB-1C green card, a green card process that has nearly identical requirements as the L-1A.

L-1 disadvantages

The evidentiary requirements for the L-1 visa are very high compared to other visa types. The L-1A visa for managers and executives requires extensively documenting that the foreign worker spends the majority of their time managing, and not carrying out the operational tasks associated with the company or organization’s product or service. This can sometimes require submitting huge amounts of documentation, including emails with subordinates, project proposals, contracts, board meetings and other evidence to prove the managerial or executive role of the foreign worker.

Similarly, proving that a foreign worker has “Specialized Knowledge” for the purposes of obtaining an L-1B Specialized Knowledge visa requires defining and documenting the specialized knowledge through extensive documentation, providing proof that the foreign national possesses the knowledge and demonstrating that they will continue to use the specialized knowledge in the United States.

Though small companies can also benefit from the L-1A visa, the United State Citizenship and Immigration Service will often place even higher evidentiary requirements on small companies, especially with regards to proving that the foreign worker spends the majority of their time in managerial tasks.

Why choose Patriot Immigration for your L-1 visa

At Patriot Immigration, we assess a company or organization’s current structure to determine if it qualifies for an L-1 visa and provide guidance on any necessary changes. We also carefully evaluate the foreign worker’s role within the company or organization abroad to determine if the L-1A or L-1B visas are viable options. If the foreign worker is not eligible, we explore alternative visa options.

When consider other options, we take into account the nationality of the company or organization’s owners, the foreign worker’s qualifications, and the nature of the job offered to help the client choose the best visa option. These options may include the H-1b, E-1 or E-2 visas for essential employees and managers, or the O-1 visa, among others.

For those who wish to live in the U.S. permanently, we assist the company or organization and the foreign worker in preparing the L-1 petition in such a way as to maximize the chances of obtaining a green card for the foreign worker as quickly as possible. This may take the form of an EB-1C green card for multinational executives or managers for L-1A visa holders, or an EB-2 National Interest Waiver or PERM Labor Certification for L-1B visa holders.

FAQ Visa for Intra-Company Transfers (L-1)

What is the L-1 visa?

The L-1 visa allows an international company to transfer an employee from a foreign subsidiary to an entity located in the United States. It is aimed at executives, managers or employees with specialized knowledge. This visa facilitates fast internal mobility of employees of international companies.

What is the difference between the L-1A visa and the L-1B visa?

The L-1A visa is for executives and managers transferred to the United States. The L-1B visa is for employees with technical or specialized knowledge essential to the company. The main difference lies in the role held and the maximum duration: up to 7 years for an L-1A, compared to 5 years for an L-1B.

What are the requirements to obtain an L-1 visa?

To be eligible, you must:

Have worked for at least one year in the last three in the parent company or subsidiary abroad;
Hold a have held a managerial, executive or specialized knowledge position during this period of time ;
Be transferred to a subsidiary, branch or affiliate in the United States.The company must demonstrate a qualifying relationship between the U.S. and foreign entities (parent company, branch, subsidiary, etc.).

How long is the L-1 visa valid for?

The L-1 visa is can be requested for up to 3 years upon first application. It can be renewed for periods of 2 years, up to a maximum of:

7 years for the L-1A ;
5 years for the L-1B. The exact duration depends on the project and the structure of the company.

Additionally, if the U.S. branch was opened less than 1 year from the filing of the L-1A visa petition, the petition may be filed as an L-1 “New Office” petition. This has the advantage of having much less stringent requirements for the initial approval in terms of demonstrating the foreign worker’s prospective U.S. managerial role, but is given an initial approval of only 1 year, compared with a standard petition which can be approved for up to 3 years.

Can the spouse and family accompany the L-1 visa holder?

Yes. The spouse and unmarried children under the age of 21 can obtain an L-2 visa. The spouse with an L-2 is allowed to work legally in the United States, and children can study without an additional visa.

Can you get a green card with an L-1 visa?

Yes, it is possible. L-1A visa holders can often apply for a green card through the EB-1C category, without going through the labor certification process. It is one of the fastest pathways to permanent residency for executives and executives transferring to the United States. Additionally, L-1B visa holders, especially those who specialized knowledge in fields relating to science, technology, engineering or mathematics, often have a viable case for an EB-2 National Interest Waiver.