What is an L1 Visa in the USA?
The L-1 visa is a category of non-immigrant work visas that lets companies bring non-U.S. citizen employees to the U.S. L-1 category is a perfect option for international businesses, startups, and professional service firms looking to expand their reach in the U.S. market.
With the L-1, executives, managers, and professional employees with specialized knowledge can move to the U.S. for an initial duration of up to three years, with the possibility of extensions. Whether you’re scaling a tech startup or a professional services firm, the L-1 visa makes it easier to bring your talent into the country.
Also this category specifically allows a U.S. employer to transfer an executive or manager in one of two scenarios:
- From one of its affiliated foreign offices to a U.S. office
- From a foreign company that doesn’t have a U.S. office yet, sending an executive or manager to set one up
Now, here’s where things split: the L-1 category has two flavors — L-1A and L-1B. While we’ll occasionally say “L-1 visa” in this text for simplicity, we’re mostly focusing on the L-1A, which tends to be the go-to option for most applicants.
- This is the official request submitted to USCIS to show that you meet the criteria for O-1 visa. Think of it as your case neatly packaged in a legal format.
- This refers to the U.S. entity or individual — either an employer or an agent — that files your O-1 visa petition with USCIS. Sometimes called “a sponsor”.
- This is a U.S. company that provides you with a job and sponsors your O-1 visa petition.
- An agent acts as a liaison between you and U.S. companies, allowing you to work for multiple employers. They also serve as the petitioner by filing the petition on your behalf.
- This refers to you — the individual seeking the O-1 visa. While the petitioner submits the visa petition, you are the one who will ultimately receive the visa if it is approved.
- This is the U.S. Government agency responsible for reviewing petitions, verifying evidence, and making decisions on immigration benefits, including O-1 visas.
NB:
Getting L-1 visa isn’t a single-step process — it’s more like a two-part journey. First, your employer needs to file a petition using Form I-129. Once that gets the green light, you take over by applying for the actual visa. This usually means scheduling an interview at a U.S. embassy or consulate and bringing your approved Form I-129 as proof.
Before we dive deeper, let’s take a moment to go over some key terms related to O-1 visas. This glossary will help you grasp the essential concepts you’ll need to understand as you go through this topic.
Which L-1 visa subcategory is considered superior: L-1A or L-1B?
The L-1A
visa is designed for managers and executives, allowing them to manage a branch office of their company in the U.S. This category also paves the way for holders to apply for a Green Card later through the EB-1C category
The L-1B
visa is intended for professionals with unique knowledge. While it offers a pathway to work in the U.S., it does not provide a direct route to obtaining a Green Card, and renewing this visa can be more challenging
What should you know about L-1B?
This visa is meant for employees being transferred to a U.S. branch of their company who have expertise critical to the business. Think proprietary systems, insider processes, or highly specialized skills that aren’t common in the job market. To qualify, your knowledge needs to be so specific to the company’s operations — like its “secret sauce” for products, services, or workflows — that they can’t just plug in a local hire to do the job.
.
While the L-1B is great for experts, the L-1A often steals the spotlight. Why? It’s tailored for managers and executives, opening doors to perks like a clearer path to a Green Card (EB-1C) and higher perceived clout in immigration circles. If long-term U.S. residency or leadership roles are your goal, the L-1A’s gold-standard status makes sense.
On this page we zoom in on the L-1A visa — we’ll unpack its requirements, benefits, and even walk through real-world scenarios.
L-1A is often confused with…
L1, L 1, L-1, L1B, LA1, L-A1, L 1A. All versions are wrong
Read and memorise the correct abbreviation
| Symbol | Definition |
|---|---|
| L | Refers to Intracompany Transferee visa |
| 1 | Signifies that it is part of the primary L visa classification (includes both L-1A and L-1B visas) |
| A | Specifies the subcategory of the L-1 visa, which is for Executives and Managers |
Duration of Stay Under the L-1A Visa
The minimum period of stay for L-1A visa varies depending on your specific situation. There are two primary scenarios to consider:
1st Scenario: Transferring Employees to a Fully Operational U.S. Office
In this case, the L-1A visa for managers and executives is initially valid for three years. After that, it could be extended, allowing you to stay for a total of up to seven years.
2nd Scenario: Establishing a New Office
This scenario has its own nuances and can generally be quite challenging for founders.
- First, if you’re moving to set up a new office for the company, you will initially be granted a stay of up to one year.
- The second nuance: when you obtain an L-1A visa to establish a new office, you’re making a commitment to grow the business in the U.S. After a year, you’ll need to prove that you’ve done so. Namely, show how you have hired people, rented an office, and shown traction in revenue.
All L-1A visa holders can apply for extensions, which are typically granted in two-year increments, up to the maximum of seven years. This means that while the L-1A visa could be extended multiple times, your total time in the U.S. can’t exceed seven years.
For example, if the visa was initially issued for one year (such as for a new subsidiary), it could be extended three times for two years each. Conversely, if the visa was issued for three years (for an existing company), it could be extended twice for two years each time.
L-1A Advantages
Path to a Green Card
The L-1 visa offers a dual intent pathway, meaning it can also lead to permanent residency (Green Card) through EB-1C visa if you hold a managerial role. This is perfect for professionals aiming to establish a long-term presence in the U.S. while building the future of their company
No Labor Certification Needed
Spouses Can Work
L-1 visa holders can bring their spouse and children under 21 to the U.S. on L-2 visas. Importantly, spouses of L-1 visa holders are eligible to apply for work authorization, giving them the ability to work freely in the U.S.
Extend Your Stay with Flexibility
The L-1 visa is designed to grow with your business. For executives and managers (L-1A), the visa offers an initial stay of up to 3 years, extendable for up to 7 years total. For employees with specialized knowledge (L-1B), the visa also starts with 3 years and can be extended for up to 5 years. This flexibility allows companies to seamlessly adapt their operations without constant disruption
Premium Processing
Premium processing is available for the L-1 visa. By choosing this option, applicants can receive a decision on their L-1 petition within just 15 days. This is especially useful for companies needing to quickly transfer key personnel to the U.S. to ensure business continuity
Cost-Effective for Growing Businesses
L-1 visa provides a cost-effective way to scale operations into the U.S. The visa process is straightforward and more affordable compared to other visa options, making it a go-to solution for companies eager to enter the U.S. market without unnecessary financial strain
L-1A Visa Limits
What about L-1A limits? Surprisingly, this visa is one of the most adaptable options for corporate relocations, setting it apart from other work visa categories. Here’s why:
There are no quotas on the number of L-1A visas issued each year.
Unlike H-category visas, there are no lotteries involved.
There are also no formal limits on how many employees a single company could transfer under the L-1A visa.
Companies could transfer as many employees as needed, provided each individual qualifies for the L-1A visa.
Visa holders enjoy unlimited entries and exits from the U.S. during the validity period of the L-1A visa, making business travel easier.
L-1A Statistics
The L-1 visa program has no numerical caps, allowing multinational companies to bring as many foreign employees into the U.S. as necessary, provided they meet the eligibility criteria. This flexibility has led to significant growth in L-1 visa approvals. In fact, the program saw rapid expansion during the 1990s, reaching a peak of 84,532 approved L-1 visas in 2007, just before the recession.
Let’s explore the statistics on the percentage of approved visas and examine how many are granted each year.
What insights can we glean from statistics?
The following chart shows the ratio of L-1A visa approvals to denials over 11 years: from 2013 through 2024. As you can see, the number of Approved Petitions is different every year. But Approval Rate on average always remains high – consistently above 80% since 2013 and above 90% in the last 5 years.
You can also note that the last 3 years have been close to record numbers for the number of Approved (and therefore filed) petitions.
L-1A Visa: Criteria, Requirements, and Qualifications
Alright, let’s break down the L-1A visa basics. To qualify, you’ll need to meet two important criteria: the employer requirements and the employee qualifications. We’ll start with the short version here, then dive deeper into each part afterward.
Requirements for the Employer – the U.S.-based Company
- Qualifying Relationship: It must have a qualifying relationship with a foreign company.
- Active Business Operations: The company must be actively engaged (or planning to do so) in business as an employer in the United States and at least one other country through a related company and throughout the L-1A applicant’s stay.
Requirements for the Employee – the Executive or Manager
- Managerial or Executive Role: The employee must clearly demonstrate their role as a manager or executive.
- Prior Employment: They must have been employed by a company abroad for at least one year in the last three years.
- Role in the U.S.: They must be transferring to a U.S. office to hold a similar executive or managerial role.
COMPANY REQUIREMENTS (FOR EMPLOYER)
So, you’re considering the L-1A business visa to move to the U.S.? Great choice! This non-immigrant work permit is a great way for international companies to transfer employees to the U.S. But before you dive in, let’s break down the essential requirements for the employer or company involved in this process.
To qualify for L-1A visa, there needs to be a solid relationship between the foreign employer and the U.S. company. The main eligibility factor is that the company should meet specific conditions set by USCIS.
Here’s what you need to know:
Official USCIS wording is:
To qualify for L-1 classification in this category, the employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Let’s break down these categories and concepts one by one.
What Does “A Qualifying Relationship with a Foreign Company” Mean?
In simpler terms, the companies should be connected through a common owner or have substantial ownership and control. This is important for the intra-company transfer of employees. The nature of the businesses doesn’t have to be identical.
We aim to prove 1 of the 3 types of relationships:
Parent / Subsidiary
There are three types of relationships that fall under the parent/subsidiary category:
- One company owns more than half of the other
- One company is a 50% partner in a joint venture, where the parent company has equal control and veto power over the subsidiary
- One company owns less than half of the other but maintains control
- One company owns more than half of the other
Branch Office
A branch office operates as the same entity as the parent company but in a different location. To qualify for the L-1 visa, the branch office should be registered as a foreign corporation operating in the U.S.
Affiliate
Two types of relationships qualify as affiliate relationships:
1. Two companies owned (>50%) and controlled by the same parent company or individual
2. Two companies controlled by the same group of individuals, with each person owning and controlling roughly the same proportion of both companies
How to prove “A Qualifying Relationship“?
USCIS requires documentation to prove ownership and control between companies, which is essential for establishing qualifying relationships. Here are some basic evidence types you’ll need:
- Founding Documents: Articles of Association, management agreements and registration certificates
- Financial Statements: Tax returns, audited balance sheets and profit and loss statements
- Ownership Documents: Share certificates, share registers and minutes from board meetings
- Corporate Reports: Annual reports and SEC Form 10-K filings (for public companies)
What Does “Doing Business as an Employer in the U.S.” Mean?
“Doing business” refers to the regular, systematic and continuous provision of goods and/or services by a qualifying organization. It doesn’t include merely having an agent or office in the U.S. or abroad. Both U.S. and foreign offices should be active to ensure your company’s operations are legitimate and ongoing.
Minimum evidence of company Eligibility
Registration: U.S. and foreign company registration documents
Office space: A lease agreement for an office in a commercial area
Bank Account: An open bank account with operational capabilities
Minimum evidence of company Activity = “doing business”
Financial statements: Proof of financial stability and operational performance, such as tax reports and financial statements
Payroll records: Evidence of hiring and compensating employees, along with contracts and invoices
Photographs and Documents: Office photos, letterheads, business cards, and promotional materials
NB
While there’s no strict minimum employee requirement for the L-1A visa, the company should show a viable operation. Typically, having at least 8-10 employees is a good benchmark.
What would NOT qualify as “Doing Business”?
- Just registering a Company: If a company is registered but has no actual activity, it’s not considered to be conducting business.
- Having an Agent or Office Without Activity: Simply having an agent or office without any actual operations is also not deemed as doing business.
Key considerations
Indirect ownership through multiple legal entities is allowed. For example, entities with equal control (50/50) can qualify. When dealing with complex structures, provide detailed descriptions. Corporate hierarchy diagrams showing ownership, shareholder agreements confirming control and third-party documents indicating common ownership will help clarify the relationship.
License agreements and franchises do not qualify as valid relationships. Engaging in international trade is NOT a requirement for L-1A visa. It’s essential that the companies operate in multiple countries, including the U.S., but it doesn’t have to involve international trade.
While there aren’t strict investment requirements, having localized contracts and realistic investment plans can positively influence your application. In the context of the L-1A visa, it’s important for the company to show that it retains control over its operations and continues to function as a fully operational entity, even if some functions are outsourced. Consulting with an immigration attorney is advisable to ensure that outsourcing doesn’t negatively impact the visa application.
Company Requirements for New Office cases
Thinking about opening a new U.S. branch? For the L-1 “new office” visa, your company will need to show it’s ready to hit the ground running stateside. Here’s a quick rundown of the key documents you’ll need to prepare:
- Company formation and registration Documents. Corporate filings, state/county/city issued business licenses.
- Evidence of physical office secured. Copies of leases or purchase agreements, floor plans of the premises as well as a description of the property/space, company letterhead listing the company address, business cards with the company address.
- Business Plan for the U.S. entity. This should include a budget and hiring strategy.
- Evidence of Staffing. An organizational chart, quarterly wage reports submitted to the State Workforce Agency.
- Evidence of Qualifying Relationship between U.S. petitioner and foreign entity employer.
- Evidence of financial sustainability of the U.S. company. Corporate bank statements, corporate resolutions relating to capital and etc. Evidence of sufficient funding or income to cover the first year’s expenditure is essential.
Key Considerations:
While L1 visas are normally granted for an initial period of 3 years, New Office L1 applications are initially granted for a period of 1 year.
The USCIS grants L1 extensions in 2-year increments until the maximum period of L1 stay is reached.
The U.S. company must demonstrate sufficient business activity to justify the employee’s executive, managerial or professional role within the first year.
What If the Company Was Temporarily Out of Business?
If your company faces a short-term dip in operations (e.g., pandemic-related closures), it might prompt questions, but it’s rarely a red flag on its own. The key is showing that:
— The slowdown is truly temporary (think months, not years)
— Your company remains operationally active overall (even at reduced capacity)
— You have a clear, realistic plan to resume full operations
Immigration authorities understand unforeseen challenges. By showing your business is resilient and committed to recovery — not just indefinitely paused — you’ll strengthen your case.
NB
If there’s any uncertainty, provide documentation explaining the reasons for the reduction and plans for resuming operations.
Do startups qualify?
Absolutely! Startups and companies with limited staff can qualify for the L-1A visa, but there are specific restrictions:
- Functioning Business: The foreign company should be operational and financially sound. Dormant companies or those with minimal turnover may not qualify
- Opening a New Office: If a startup is launching a new office in the U.S., it should show potential for growth and hiring within the first year
- Financial Resources: The company should have enough financial resources to support the new U.S. office
- Business Plan: A strong business plan is important to show growth and development potential
Company Requirements for L-1A, positive and negative examples
Positive Scenario
Negative Scenario
EMPLOYEE QUALIFICATIONS (EXECUTIVE OR MANAGERIAL ROLE)
Official USCIS wording is:
To qualify, the named employee must also:
- Generally, the individual must have worked for a qualifying organization abroad for one continuous year within the three years immediately preceding their admission to the United States;
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Key Documentation for proving overseas employment:
To substantiate their qualifications and prove the employment overseas, employees should prepare the following documents
:
- Employment Contracts: Confirm the terms of employment and working conditions
- Certificates: Obtain certificates from the employer that outline the employee’s start and end dates, job title and duties
- Pay Stubs: Provide proof of regular salary payments to validate full-time employment
- HR Letters: Include letters from the HR department detailing the employee’s work experience and their role within the organization
Understanding Executive and Managerial Roles
Executive Capacity: This includes individuals who:
- Direct the overall management of the organization or a significant part of it;
- Set the organization’s goals and policies;
- EHave considerable discretion in decision-making;
- Operate with minimal supervision from higher-level executives or the board.
Managerial Capacity: This includes those who:
- Oversee the organization or a specific department or function;
- Supervise and manage the work of other employees in supervisory, professional, or managerial roles;
- Have the authority to hire and terminate employees or recommend such actions;
- Exercise discretion in the day-to-day operations of their designated area.
Key Considerations
One Year of Full-Time Employment: The overseas employment must be continuous and cannot have any breaks during that year.
Temporary or Project-Based Positions: These can qualify if they were continuous and full-time for at least one year within the last three years. However, proving such positions can be tricky due to their often unstable nature
Focus on Management: The more your role centers on daily operations rather than management, the less likely you are to qualify as an executive or manager
Small U.S. Companies: If the U.S. company is small with few employees, USCIS might assume that your focus will be on day-to-day operations rather than on a managerial or executive level, which is a common reason for L-1A visa denials
To strengthen your application, provide an organizational chart of the U.S. company along with a detailed breakdown of your responsibilities and the time you’ll allocate to each function.
Key Documentation for proving Executive / Managerial Capacity:
Essential Documentation
- Employer Letter: A formal letter from an authorized company representative outlining the employee’s role, key responsibilities and leadership authority.
- Performance Evaluations: Assessments showcasing the employee’s executive or managerial impact within the organization.
- Strategic Business Plans: Documents illustrating the employee’s role in shaping company operations and growth strategies.
- Corporate Policy Records: Proof of policies the employee has developed, implemented, or influenced.
Specific for Executive Capacity:
- Role Overview: A comprehensive job description outlining the employee’s responsibilities in shaping company policies, strategic planning and organizational objectives.
- Company Hierarchy Chart: A visual representation of the employee’s position within the corporate structure, emphasizing their leadership role and limited oversight from senior executives.
- Authority in Decision-Making: Evidence showcasing the employee’s ability to make high-level, strategic decisions with significant discretion.
- Impact Assessment: Reports or evaluations demonstrating how the employee’s decisions have influenced business growth and operations.
Specific for Managerial Capacity:
- Role Overview: A comprehensive job description outlining the employee’s oversight of a department, function, or key business unit.
- Company Hierarchy Chart: Organizational charts illustrating the employee’s supervisory position within the company.
- Operational Authority: Proof of independent decision-making in daily business operations.
- Team Management: Documentation of the employee’s supervisory duties, including the job titles and responsibilities of those they oversee.
- Personnel Authority: Records demonstrating the employee’s ability to hire, terminate, or recommend staffing decisions.
Addressing Changes in Job Responsibilities
If the candidate’s job responsibilities change temporarily, it’s essential to document these changes to show they don’t impact the core managerial or executive role. Useful documentation includes:
- Internal Memos: These can explain the reasons for temporary changes while confirming that supervisory authority remains intact
- Updated Job Descriptions: Ensure these reflect the employee’s primary responsibilities and authority
- Management Statements: Letters from company executives that reaffirm the employee’s ongoing leadership or management role
Examples of Qualifying Roles
Positive Scenario
For Executive Role –
Chief Executive Officer (CEO): Sets the company’s overall strategy and oversees its execution, making key business decisions.
For Managerial Role –
Head of Human Resources: Manages HR functions and corporate culture
Negative Scenario
For Executive Role –
Chief Technical Officer (CTO): Headed the company’s technical department in Europe, BUT is being transferred to the U.S. to a lower Middle technical position.
For Managerial Role –
Marketing Team Lead: Leads a small marketing department, but due to the nature of the job, performs tasks manually and acts more as a lineman than leading a team.
L-1A Visa Process: Steps for Individual Visa Application
NB
Step 1: Gather Your Documents
The first step in your L-1A visa application is gathering all necessary documents. This includes a detailed job description for your position in the U.S., proof of your employment with the foreign company and any other relevant documents from the required list (сheck out the list of documents in the section below).
Make sure all documents are translated into English by a qualified translator. While notarization isn’t necessary, accuracy is key.
Step 2: File Form I-129 and L-1A Supplement
Since the L-1A visa cannot be self-petitioned, your U.S. employer will act as the petitioner. They need to file Form I-129, “Petition for a Nonimmigrant Worker,” which includes detailed information about both the company and you, the beneficiary.
Once the petition is completed, it’s submitted to USCIS for review. Approval from USCIS is essential before you can move forward with your visa application.
4 possible scenarios after submitting your petition.
- Request for Evidence (RFE): Draft a strategic response, attach any requested documents and send your response promptly by mail. Seek assistance from experts if needed.
- NOID: It’s a formal notice indicating officer intent to deny an application, offering you to respond and address the concerns. If you get that answer, all the effort is to be put into forming a decent response and handling the officer’s objections.
- Denial: We’re sorry to hear that! If notified of a denial, receive the denial letter and plan a new strategy for potential resubmission or appeal. Appeal is possible but it’s usually faster and more effective to file a new petition.
- Approval: Celebrate upon receiving notification and expect a receipt of the approval notice. In case of delays, use e-request or inquire through official channels, like AskEmma, a USCIS virtual assistant.
Step 3: Complete the DS-160 Form for Your L-1A Visa
After your Form I-129 is approved, the next step in the L-1A individual visa application process is to fill out the DS-160 form and submit a recent photo that meets U.S. passport requirements. Once you complete the form, you’ll receive a confirmation page that you need to print and bring to your visa interview at the embassy.
It’s also a good idea to prepare organizational charts that illustrate your company’s structure and your specific role within it. Consulting with experienced professionals can help ensure that all your documents comply with USCIS requirements and policies.
NB for Canadian Citizens
Step 4. L-1A visa interview
The L-1A visa interview is a key part of the process — it’s where officials verify your transfer is legitimate and confirm you’ll be working in the role you’re applying for. You’ll do this interview at the U.S. Embassy or Consulate in your home country, and a consular officer will walk through your application with you. In most cases, they’ll decide on the spot whether to approve your visa.
Bring all your paperwork — you’ll need it to back up your answers about why you’re heading to the U.S. and how you meet the visa criteria. Keep everything organized and easy to grab — it’ll make the whole process smoother.
Timing-wise, the interview itself typically takes 15-30 minutes (depending on your case and how prepared you are), but plan to spend 2-3 hours at the embassy for security checks and waiting. Procedures can vary between locations, so double-check your specific embassy’s guidelines beforehand.
At the end, the officer will let you know if you’re approved, denied, or need to submit more documents. If all goes well, they’ll keep your passport to stamp the visa and return it to you later.
Receiving Your L-1A Visa
Once approved, your passport will be mailed back to you within approximately one week of the interview, complete with the embossed L-1 visa stamp. Once you’ve got it back, you are all set to travel to the U.S. and start working as outlined in your L-1 petition.
Interview Memo
What to bring with you
- Form DS-160 (online visa application).
- Proof of payment of visa fee.
- Employee’s passport (valid for at least 6 months after the date of entry into the U.S.) copy.
- Photograph (meeting visa photo requirements).
- Notice of approval of I-129 petition (Form I-797)
- I-129 petition copy.
- Invitation from the company describing the purpose of the trip.
Common interview questions
General Questions:
- What company is hiring you?
- What is your role in the company?
- How long have you been with the company?
Questions about working in the US office:
- What is your role in the U.S. office?
- Why is your presence needed in the U.S.?
L-1A specific questions:
- How many employees will report to you?
- Do you have hiring and firing authority?
It’s highly recommended that employers consult with a team of experienced professionals to ensure all documents are compliant. Make sure that all required documents (like financial statements, lease agreements and tax returns) are complete, translated into English and meet USCIS standards.
L-1A Petition Processing Timelines
Processing
When it comes to processing your L-1A visa petition, you have two options:
- Standard Processing: This typically takes between 3 to 6 months but can take longer
- Premium Processing: For a fee of $2,805, USCIS guarantees a response within 15 calendar days
Validity
The L-1A visa is generally issued for 3 years, with the option to extend it for an additional 2 years, allowing for a maximum stay of up to 7 years.
Transferring Multiple Employees: The L-1 Blanket Petition
Main benefits of Blanket Petitions
- Reduced Paperwork
Once approved, it could be utilized for multiple eligible employees without the need for separate petitions.
- Faster Processing
Transfers can be processed up to 6 months faster than non-Blanket petitions, facilitating short-notice transfers.
- Predictable Timelines
By eliminating the USCIS petition step for each employee, the timeline from application to visa issuance is generally shorter and more consistent.
- Cost Efficiency
Overall costs can be lower for companies transferring large numbers of employees.
Keep in mind: drawbacks and complexities
- Holding Blanket L status does not guarantee your employees will also qualify under the relevant L1 category.
With Blanket L, you will still need to ensure all employees applying for L1 status meet the requirements under the relevant category (L-1A or L-1B), as a consular officer will assess and adjudicate their petition - Specific eligibility criteria for the company must be met, meaning not all businesses or employees will qualify for this pathway. Typically, this means only established multinational companies are eligible.
- The company must demonstrate that it has obtained approval for at least ten L1 visas in the previous 12 months, that it has US subsidiaries or affiliates with combined annual sales of at least $25 million, or that it has a US workforce of at least 1,000 employees.
However, it’s important to note that holding Blanket L status doesn’t guarantee that all employees will qualify for the relevant L-1 category. You should ensure that all employees applying for L-1 status meet the requirements under the appropriate category (L-1A or L-1B), as a consular officer will assess their petitions.
Only established multinational companies typically qualify for this pathway and specific eligibility criteria should be met.
Renewal and Denial of the L-1A Visa
Renewals for the L-1A visa are available only if the visa holder continues to meet the requirements. L-1A holders can spend a maximum of seven years in the U.S. under this status before needing to return abroad for at least one year before reapplying.
If your L-1A visa is denied, it could be for various reasons, such as insufficient evidence of managerial status or poorly executed documents. A common reason for denial is if the U.S. company is small, as USCIS might assume that the employee will focus on daily operations rather than fulfilling a managerial role.
Remember, the L-1A visa is a nonimmigrant work visa with dual intent, meaning that a single denial doesn’t preclude future applications. You can reapply, taking into account feedback from your previous attempt.
To make the reapplication process easier, it’s a smart move to talk to our team of U.S. visa experts. They can help you steer clear of the mistakes you made last time.
Alternatives to the L-1A Visa
If you find yourself ineligible for the L-1A individual visa, consider these alternatives:
E-2 Investor Visa
For investors from treaty countries looking to develop and manage a business in the U.S.
O-1 Visa
For individuals with extraordinary ability in their field.
H-1B Visa
For specialty occupations.
EB-1C Visa
For multinational managers and executives seeking permanent residency.
By the way, in positive cases where L-1A is approved, EB-1C can be a direct route to permanent residency for executives and managers already in the U.S. So it’s not only the alternative, but also a logical extension over the L-1A.
Required Documents for Your L-1A Petition Application
Form I-129 (Petition for Nonimmigrant Employee) – This form should be completed by the employer.
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Proof of Relationship Between Companies
- Documents that show the parent-subsidiary or sister company relationship, such as articles of incorporation, contracts and registration extracts
- Evidence of the ownership structure, including shareholder agreements and share certificates
Proof of doing business:
- Financial statements, including balance sheets and profit and loss statements
- Tax returns
- Contracts with customers or suppliers
- Bank statements
Business Description:
- Information regarding the company’s operations both in the U.S. and abroad
- Organizational structure of the company
Proof of U.S. Office:
- Office rental agreement
- Photos of the office (if required)
Employee Checklist
Evidence of Work Experience:
- Employment contracts or agreements
- Work history documents or certificates from previous employers
- A letter from the employer detailing the position, responsibilities and duration of employment
Proof of Qualification:
- The employee’s resume
- Diplomas or relevant certificates (if required)
Evidence of Managerial or Executive Role
- Job descriptions that support the leadership position
- Organizational charts showing the employee’s subordinates
- Reports, project plans, or other documents that illustrate management functions
Proof of Transfer to the U.S.:
- A letter from your employer outlining your new position in the U.S., your responsibilities and the expected duration of your stay
Additional documents (if required):
Documents required by the Consulate after the I-129 petition is approved:
- Confirmation of the company’s financial stability, such as bank statements and annual reports
- Evidence showing the temporary nature of the stay, including a plan for the employee’s return to their home country
- Document Translations: All documents not in English should be translated and certified
- Form DS-160 (online visa application)
- Proof of payment for the visa fee
- A copy of the employee’s passport (valid for at least 6 months beyond the date of entry into the U.S.)
- A recent photograph that meets visa photo requirements
- Notice of approval of I-129 petition (Form I-797)
- An invitation letter from the company explaining the purpose of the trip
Costs and Fees
The initial fee for processing Form I-129 is $1,385. If your company wants to speed things up, you can opt for Premium Processing, which costs $2,805. This option guarantees that USCIS will make a decision on your petition within 15 calendar days, significantly shortening the typical processing time.
In addition to the basic fee, employers should also pay a Fraud Prevention and Detection Fee of $500. For companies applying for the transfer of intracompany transferee executives or managers under the Blanket L-1 program, there’s an additional fee of $4,500. This applies to larger companies with more than 50 employees in the U.S. where at least half hold L-1 or H-1B visas.
Once your petition receives approval from USCIS, the next step is to pay the visa consular fee, which is $205. Keep in mind that if you need to schedule an expedited consular interview, additional fees might apply.
The overall processing time can vary based on the workload of USCIS and the consulate, but on average, standard processing takes between two to six months. With Premium Processing, you can expect a decision in just 15 days. However, even with expedited processing, you’ll still need some time to arrange an interview and obtain your visa from the consulate.
Struggling with the L-1A visa process? Dreem offers an easy, turnkey service to handle it for you. Check our cost comparison table to see the difference between applying alone and using Dreem, helping you choose what’s best for your budget and goals.
| Market prices | ||
| Consultation | Free - $500 | Free |
| Preparing a petition | $10,000 - $50,000 | from $11,900 |
| Printing and sending | $300 - $5000 | Free |
| Response to RFE | $2,000 - $8,000 | Free |
| Translation of documents | $500 - $4,000 | Free |
| USCIS Fees | from $2,090 | from $2,090 |
| TOTAL | $14,890 - $70,000 | from $13,990 |
| All the way | 5-24 months |
| Strategy | 3-4 weeks |
| Documents preparation | 2-6 months |
| Preparing a petition | 4-6 weeks |
| Submitting a petition | 1-2 days |
| Decision | from 2 weeks to 12+ months |
FAQ
How Does FATCA Affect L-1A Visa Holders?
When an employee moves to the U.S. on L-1 visa, they don’t automatically have to pay taxes on income from around the world or follow IRS reporting rules under FATCA. Unlike U.S. citizens or permanent residents, L-1A visa holders should pass the substantial presence test to be considered U.S. taxpayers for tax and reporting purposes.
If an L-1A visa holder is deemed a U.S. tax resident and spends more than 183 days in the country during a year, this can significantly impact their tax obligations, including the requirement to file U.S. tax returns.
Additionally, if the L-1A visa holder receives income from a foreign company, they may encounter double taxation unless they utilize foreign tax credits or other tax planning strategies.
Is the L-1A Visa Suitable for Fellowship Programs or Educational Projects?
L-1A visa holders typically don’t participate in fellowship programs or educational projects as the primary purpose of their stay in the U.S. is to work. The L-1A visa is specifically designed for intracompany transferees in executive or managerial roles.
What Are the Benefits of the NEXUS Program for L-1A Holders?
The NEXUS program helps speed up border crossings between the U.S. and Canada for pre-approved, low-risk travelers. Participants get special lanes at land borders and quicker clearance at airports and seaports.
Holders of the L-1A visa can benefit from the NEXUS program in several ways:
- Faster border and customs clearance
- Ability to apply for NEXUS if they often travel between the U.S. and Canada and meet the requirements
- Easy access to other expedited programs like Global Entry and SENTRI
Can L-1 Visa Lead to a U.S. Green Card?
If you hold L-1 visa as a manager or executive, you might be eligible to apply for a Green Card through employment.
Why Do Some Companies Hesitate to Support the L-1A Visa?
There are several reasons why some companies might be reluctant to support the L-1A visa process:
- High Costs: The application process can be time-consuming and requires a significant financial investment.
- Financial Stability: Companies should prove their stability and ongoing operations.
- Documentation Challenges: Incomplete or erroneous documentation can lead to application denials.
- Misunderstanding of Requirements: Some companies may not fully understand the specific nuances of the L-1A visa.
- Alternative Visas: Options like the H-1B or O-1 visas might be seen as more accessible or favorable for smaller businesses.
Are There Any Restrictions on L-1A Visas with Upcoming Proclamations?
Immigration issues and work visas have certainly become hot topics. However, much of the focus has been on undocumented immigration, with 99% of public statements relating to that issue. Work visas, including the L-1A, continue to be processed at a consistent pace. This visa remains a reliable pathway for highly skilled professionals, executives and investors looking to enter the U.S.