Temporary Work Visas
L-1 Visa Attorney for Intracompany Transfers
The L-1 category allows a multinational company to transfer an employee from a related company abroad to a U.S. office. L-1A covers managers and executives; L-1B covers employees with specialized knowledge of the company's products, services, processes or procedures.
The petition has to establish a qualifying corporate relationship, one year of qualifying employment abroad within the relevant period, and a U.S. role that matches the category claimed.
L-1A compared with L-1B
L-1A is for employees who primarily manage people or an essential function, or who act in an executive capacity. L-1B is for employees whose knowledge of the organization is genuinely special or advanced rather than simply useful. The distinction drives the evidence, the maximum period of stay and the later green card options.
- L-1A: managerial or executive duties, with authority over staff or an essential function
- L-1B: specialized knowledge that is not readily available in the U.S. labor market
- Both require a qualifying relationship between the foreign and U.S. entities
- Both require one continuous year of qualifying employment abroad
- L-1A supports the EB-1C multinational manager green card category
- Blanket L petitions may be available to qualifying large organizations
New office L-1 petitions
When a company is opening its first U.S. office, the petition faces additional scrutiny: the government looks for physical premises, a business plan, evidence of funding and a realistic staffing plan showing the role will be managerial or specialized within the first year. New office approvals are typically granted for a shorter initial period, with an extension request that must show the plan was carried out.
Evidence that carries an L-1 case
- Corporate documents establishing ownership and control between entities
- Organizational charts for the foreign and U.S. operations
- Detailed duty descriptions for the role abroad and the role in the U.S.
- Payroll and personnel records covering the qualifying year abroad
- Documentation of the proprietary knowledge relied on in L-1B cases
- Lease, business plan and financial records in new office petitions
Common problems in L-1 filings
The most frequent issues are a corporate relationship that is asserted but not documented, a manager whose duties look primarily hands-on, and specialized knowledge described in terms that would apply to any experienced employee. Where the U.S. entity is small, the government often questions who performs the non-managerial work.
From L-1 to permanent residence
Many L-1A transfers eventually pursue permanent residence through the multinational manager or executive category, which does not require labor certification. L-1B employees typically move through the standard employment-based green card categories, which usually begin with PERM.
Frequently asked questions
What corporate relationships qualify for L-1?
Parent, branch, subsidiary and affiliate relationships can qualify where common ownership and control are documented. The relationship must exist while the employee is in L status.
How long is L-1 status valid?
L-1 status is granted in increments with different maximum periods for L-1A and L-1B, and new office petitions receive a shorter initial period.
Does the year abroad have to be immediately before the transfer?
The qualifying year of employment must fall within the period defined by the regulations before the petition or admission. Breaks in employment can affect the calculation.
Can an L-1B employee be promoted to a management role?
A change to a managerial role generally requires an amended or new petition in the L-1A category, supported by evidence of the new duties.
Can the spouse of an L-1 worker work in the United States?
Spouses in L-2 status are generally eligible for employment authorization. The current documentation practice should be confirmed at the time of filing.
Is a blanket L petition faster?
For qualifying organizations, a blanket L can allow individual employees to seek L classification at a consular post rather than through a separate petition, which can shorten timelines.
Primary government sources
Written by the Blasingame Law LLC team. Attorney reviewer: Amber L. Blasingame — [ATTORNEY REVIEW REQUIRED BEFORE PUBLISHING]. Last reviewed: [ADD LEGAL REVIEW DATE].
Discuss Your Immigration Goals With Blasingame Law
Tell us about your business, your family or your case. We will explain the options available under current U.S. immigration law and the next steps the firm recommends.
Submitting a request does not create an attorney-client relationship. Please do not send confidential or urgent case details through a general web form.