L-1 Visa: Intracompany Transferee Visa for Managers and Executives
Accelerate your company’s growth in the U.S. with the L-1 visa, a solution for international companies transferring executives, managers, or employees with specialized knowledge. Our experienced immigration attorneys can help you explore the best path forward.
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What Is the L-1 Visa?
The L-1 Visa, also known as an intracompany visa, enables foreign companies to transfer qualified employees to the U.S. in executive, managerial, or specialized knowledge positions. The U.S. company must be a parent, subsidiary, branch office, or affiliate of the foreign company, and the employer must file the petition on behalf of the transferring employee. There are two types of L-1 visas:
L-1A visa: For managerial or executive positions, which allows for a maximum stay of 7 years
L-1B visa: For specialized knowledge workers, which allows for a maximum stay of 5 years
- 5-7 years of U.S. stay
- Path to a green card
- Spouses and children may accompany
L-1 Visa Requirements: Do You Qualify?
General Requirements
The L-1 visa is a convenient vehicle for transferring executives, managers, and specialized knowledge workers among affiliated companies.
In general, to qualify for an L visa, the petitioning company must show that:
- The U.S. company filing the petition must have a qualifying relationship with the parent company.
- If opening a new office, the employer must secure adequate physical premises.
- The employer must be engaged in business in both the U.S. and at least one other foreign country for the duration of the employee’s stay in the U.S.
There are also requirements for the employee, which differ based on L-1 visa type:
To qualify for an L-1A visa for a managerial or executive position, an individual must have worked for the foreign company for at least one year within the past three years and must have dedicated a significant portion of their time to the company, although full-time employment is not required. Additionally, they must have held a managerial or executive position within the company. The individual must be transferred to the U.S. subsidiary, parent, affiliate, or branch of the company. They must also intend to depart the U.S. upon expiration of their visa.
For an L-1B visa as a specialized knowledge worker, an individual must have worked for the parent company for at least one year within the past three years. They must be transferred to the U.S. subsidiary, parent, affiliate, or branch to provide specialized services or knowledge.
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Frequently Asked Questions About the L-1 Visa
Executive or managerial transferee workers holding an L-1A visa, along with their immediate family members, may remain in the U.S. for a maximum period of seven years. Specialized knowledge employees holding an L-1B visa are allowed to stay for up to five years.
If the U.S. company is a new office, the initial L visa is granted for one year. After this period, the company must demonstrate its active business operations by showing growth in employees, revenue, and goods or services sold.
If the U.S. company is not a new office, the initial period of stay is three years.
The spouses and unmarried children under the age of 21 years are eligible to accompany the L-1 visa holder employee to the U.S. under the L-2 visa category. As dependents of the L-1 visa holder, spouses have the freedom to work in the U.S. without any restrictions, whether full-time, part-time, or self-employment. Obtaining an Employment Authorization Document (EAD) is no longer a requirement for spouses of L-1 visa holders to secure employment in the U.S.
The L-1 visa is eligible for a green card due to its dual intent policy, which allows visa holders to seek permanent residency without jeopardizing their existing visa status. This policy enables L-1 visa holders to apply for a green card without having to return home or change their visa status first.
There are different paths to obtaining a green card, depending on the type of L-1 visa. L-1A visa holders, who are executives or managers, can take a fast-track route to a green card through the EB-1C category, which does not require labor certification (PERM). L-1B visa holders must go through a longer process, requiring labor certification (PERM), to obtain a green card through the EB-2 or EB-3 categories.
Look for a team with extensive experience in immigration law, a proven track record of success, and a deep understanding of the immigration process.
Choosing the right law firm can make a meaningful difference. Colombo & Hurd is dedicated exclusively to the practice of immigration law, and we work collaboratively with our clients to help them achieve their goals.
While the L-1 visa category serves a specific group of professionals, many individuals may also qualify for alternative visa options like the EB-2 NIW, EB-1A, or O-1, depending on their background and goals. Our experienced immigration attorneys can help you explore the best path forward for your situation.
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