L-1 visa requirements explained

What is an L-1 visa?

The L-1 intracompany transferee visa lets a company with operations abroad transfer an employee to a related office in the United States. It is a nonimmigrant visa. The U.S. employer files a petition with U.S. Citizenship and Immigration Services (USCIS), and an approved petition comes before any visa.

There are 2 types. L-1A is for managers and executives. L-1B is for employees with specialized knowledge of the company. Both share the same base requirements, which come from the regulation at 8 CFR 214.2(l) and, for visa interviews, the Foreign Affairs Manual (FAM) at 9 FAM 402.12.

The FAM describes the purpose plainly. The L category exists so international companies can move qualified staff to the United States temporarily, to improve management, expand exports and compete abroad.

That purpose explains most of the rules below. The L-1 is about a company that operates in more than one country, and a person who already works for it.

What are the requirements for an L-1 visa?

Under 9 FAM 402.12-4(A), officers consider several elements in every individual L-1 case. The U.S. and foreign companies must be related. Both must be doing business. The employee must have one continuous year with the company abroad, in a qualifying role, and be coming to a qualifying role in the United States.

The table lists the core requirements, what each one means, and where a business plan supports it. Each one has its own section below.

What counts as a qualifying relationship?

The U.S. company and the foreign company must be the same organization, or connected as parent, branch, affiliate or subsidiary. USCIS looks at ownership and control: who owns each company, in what share, and who directs it. A U.S. company that has no ownership link to the employer abroad does not qualify.

The common structures:

• Branch: an office of the same company in another location.
• Subsidiary: a company owned or controlled by the parent.
• Affiliate: a company owned and controlled by the same group of people or the same parent as the other company.
• Parent: a company that has subsidiaries.

The corporate documents prove the relationship. A business plan does not prove it on its own. The plan presents the structure clearly, often with a diagram, so the officer can see how the 2 companies connect and how they will work together.

What does doing business mean for an L-1?

Doing business means the regular, systematic and continuous provision of goods or services. Under 9 FAM 402.12-8, the mere presence of an agent or an office does not count. The qualifying organization must keep doing business in the United States and in at least 1 other country for the whole L-1 stay.

The international part matters. The FAM says the L category was not created for self-employed people to continue self-employment in the United States. It was also not meant for a foreign business to relocate completely to the United States. The company abroad keeps operating.

International trade between the 2 offices is not required. A U.S. office can serve only U.S. customers, as long as the organization operates in both countries.

How does the one year abroad requirement work?

The employee needs 1 continuous year of full-time work for the qualifying organization abroad, within the 3 years before the petition is filed. Under 9 FAM 402.12-11, the year is measured back from the filing date of the first L-1 petition. Part-time periods that add up to a year do not count.

The year must be spent outside the United States. Short business or personal trips to the United States do not break the year, but the days spent in the United States do not count toward it. Full-time work split between related companies abroad can count, if the total hours equal a full-time position.

The work during that year must be managerial, executive or specialized knowledge work. The U.S. role does not have to be the same job. The FAM says promotions within the qualifying categories are possible, for example from a specialized knowledge role abroad to a manager role in the United States.

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

L-1A is for people who will mainly manage or direct: they plan, organize and control work done by others, or manage an essential function. L-1B is for people whose knowledge of the company's products, processes or procedures is advanced and not readily available in the U.S. labor market.

Under 9 FAM 402.12-12, a title alone does not make a role managerial, and ownership alone does not either. Officers look at who reports to the person, how senior the supervisor is, what the daily duties are, and the authority to make significant decisions.

The 2 types also differ in maximum stay and in new office evidence. Our article on L-1A vs L-1B (opens in a new tab) compares them side by side.

What is an L-1 new office?

A new office is a U.S. organization that has been doing business through a parent, branch, affiliate or subsidiary for less than 1 year. Under 9 FAM 402.12-9, an employee can come on an L-1 to open or join a new office. The petition needs extra evidence, and USCIS approves it for no more than 1 year.

For an L-1A manager or executive, the extra evidence covers 3 points: secured physical premises, the person's year abroad in an executive or managerial role with authority over the new operation, and a U.S. operation that will support an executive or managerial position within 1 year of approval. L-1B new office cases need premises, a qualifying U.S. entity, and the financial ability to pay the employee and start doing business.

The regulation at 8 CFR 214.2(l)(3)(v) also asks for evidence of the office's scope, organizational structure and financial goals, the size of the U.S. investment, and the foreign company's financial ability. That is where a business plan does most of its work. Our guide to L-1 new office requirements (opens in a new tab) covers each point in depth.

How long can you stay on an L-1?

An individual L-1 petition for an existing office is approved for up to 3 years. A new office petition is approved for up to 1 year. Extensions are granted in steps of up to 2 years. The total stay is capped at 7 years for L-1A and 5 years for L-1B, under 9 FAM 402.12-14.

Time spent in the United States in H status counts toward the same cap. A person promoted from L-1B to L-1A needs at least 6 months in the managerial or executive role, approved by the authorities, before the 7-year limit applies. Once the cap is reached, the person generally needs 1 year outside the United States before a new L or H stay.

Government processing times are set by the authorities.

What is a blanket L petition?

A blanket L petition lets a large, established company get its group of related companies approved once. Its managers, executives and specialized knowledge professionals can then apply for L-1 visas directly at a consulate. Under 9 FAM 402.12-7(A), the U.S. office must have done business for at least 1 year.

The company also needs 3 or more related branches, subsidiaries or affiliates. It must meet 1 of 3 size tests: at least 10 L approvals in the past 12 months, U.S. annual sales of at least $25 million, or a U.S. workforce of at least 1,000.

The FAM is direct about the purpose: the blanket provision is for large companies with multi-layered structures. Small companies file an individual petition for each employee. Employees coming to open or join a new office cannot use a blanket petition.

How is an L-1 filed?

The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS. If USCIS approves it, the employee applies for an L-1 visa at a U.S. embassy or consulate, or changes status if already in the United States in another status. Citizens of Canada can present certain L petitions at the border.

At the visa interview, the consular officer checks that the facts in the approved petition are true. Under 9 FAM 402.12-6, an approved petition is strong evidence of eligibility, but it does not remove the applicant's own burden of proof.

L-1 applicants are not subject to the usual presumption of immigrant intent. Under 9 FAM 402.12-13, a person may hold L-1 status and also seek permanent residence. Your immigration attorney can explain what that means for your plans.

Can an L-1 spouse work?

Yes. The spouse of an L-1 employee holds L-2 status and is authorized to work incident to that status, under 9 FAM 402.12-16(C). Children in L-2 status are not authorized to work on that basis. Spouses and children share the principal's visa validity, period of admission and limits on total stay.

What documents support an L-1 petition?

An L-1 petition is built from company records and the employee's work history. The evidence shows the 2 companies are related, both are doing business, and the employee has the year abroad in a qualifying role. Your attorney decides the final list, but most petitions draw on the same kinds of documents.

The documents need to agree with each other. The job title, duties, reporting lines and ownership shares should read the same in the petition, the employer letters, the organization charts and the plan. Differences between them are among the first things an officer can question.

How does a business plan support an L-1 petition?

For a new office, the business plan is central evidence. It describes the scope of the office, its organizational structure, its financial goals and how it will support a managerial or executive role within 1 year. For an existing office, a plan can show growth and why the role is needed.

A plan for an L-1 usually covers the parent company, the U.S. company and how they connect, the market, sales strategy, an organization chart, a hiring timeline and 5-year financial projections. The hiring timeline carries special weight for L-1A cases, because it shows who will do the day-to-day work so the manager can manage.

For a section-by-section map of what goes into a plan, see what goes into an immigration business plan (opens in a new tab). For the hiring timeline itself, see the hiring plan and job creation schedule (opens in a new tab).

Where does VisaPlans fit?

VisaPlans prepares the L-1 Business Plan (opens in a new tab), framed for L-1A or L-1B roles and for new or existing U.S. offices. It draws on 15 years of immigration business plan expertise. Expert-trained AI writes the plan and a human specialist reviews every page. Delivery is within 3 business days of confirmed information. See pricing (opens in a new tab) for what is included.