L-1A vs L-1B: what is the difference?

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

Both are L-1 intracompany transferee classifications, and both share the same base rules: related companies, both doing business, and 1 continuous year with the company abroad within the last 3 years. The difference is the role. L-1A covers managers and executives. L-1B covers employees with specialized knowledge.

This article explains each difference. For the base requirements both share, see L-1 visa requirements explained (opens in a new tab).

What makes a role managerial or executive for L-1A?

An L-1A role is one where the person primarily plans, organizes, directs and controls work, through other people or by managing an essential function. Under 9 FAM 402.12-12(B), a person who mainly performs the tasks needed to produce the product or service is not primarily a manager, whatever the title.

The Foreign Affairs Manual lists factors officers use to assess the role:

• The number of people who report to the person, directly or indirectly, and what they do
• Whether the person's own supervisor is senior in the company
• Whether daily duties look like a manager's or executive's, such as overseeing others or attending high-level meetings
• Whether the person has authority to make significant decisions

Two clarifications matter for smaller companies. A title alone is not evidence of managerial capacity, and neither is ownership. But a small or medium-sized business can still support an L-1A role, and even a sole employee can qualify if the primary function is to direct the company's major functions through other people.

What is a function manager?

A function manager runs an essential function of the company rather than supervising a team. Under 9 FAM 402.12-12(B), the petition must identify the function specifically, show what share of daily duties goes to managing it, and show the person manages the function rather than performing its tasks.

For example, a person who directs a company's U.S. compliance program, setting policy and overseeing outside providers, may manage a function. A person who personally prepares every compliance filing is performing the function. The job description and the organization chart need to make that difference clear.

What counts as specialized knowledge for L-1B?

Specialized knowledge is special knowledge of the company's products, services, research, equipment, techniques or management, and how they apply in international markets, or an advanced level of knowledge of the company's processes and procedures. Under 9 FAM 402.12-12(C), it must go beyond the ordinary knowledge of others in the field.

The Foreign Affairs Manual says the knowledge is usually gained through significant prior experience with the company and is not readily available in the U.S. labor market. It lists signs such as knowledge valuable to the company's competitiveness, being used as a key employee on significant assignments abroad, and knowledge that can be gained only through extensive experience with the employer.

L-1B is not for skilled workers in general. Under 9 FAM 402.12-12(E), a skilled worker whose skill lets them produce a product through physical or skilled labor does not qualify on that basis alone.

How long can you stay on L-1A versus L-1B?

L-1A allows a total stay of up to 7 years. L-1B allows up to 5 years. Under 9 FAM 402.12-14(C), time spent in the United States in H status counts toward the same limit. The first petition for an existing office runs up to 3 years, and extensions come in steps of up to 2 years.

A person who moves from L-1B to L-1A can reach the 7-year limit, but only after at least 6 months in the managerial or executive role, approved by the authorities in an amended, new or extended petition. Government processing times are set by the authorities.

How do new office rules differ?

Both types can be used to open or join a new U.S. office, but the evidence differs. Under 9 FAM 402.12-9, an L-1A new office petition shows premises, the person's year abroad as a manager or executive, authority over the new operation, and a U.S. office that will support a managerial or executive position within 1 year.

An L-1B new office petition shows premises, that the U.S. entity is or will be a qualifying organization, and the financial ability to pay the employee and start doing business. It does not need the 1-year support test. Both types are approved for up to 1 year at first. For the full new office test, see L-1 new office requirements explained (opens in a new tab).

Can L-1B employees use a blanket petition?

Only some can. A blanket L petition covers managers, executives and specialized knowledge professionals. Under 9 FAM 402.12-12(D), a specialized knowledge professional has specialized knowledge and is also a member of a profession, usually shown with a bachelor's degree that the occupation requires, or a license. Other L-1B employees need an individual petition.

How does a business plan reflect L-1A or L-1B?

The plan frames the transferred role for its classification. For L-1A, it shows who reports to the person, the decisions they make and the staff who handle daily operations, with an organization chart for year 1 and beyond. For L-1B, it shows the specific knowledge the role brings and why the U.S. office needs it.

In both cases, the job description in the plan should match the one in the petition. For how the hiring timeline supports an L-1A role, 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 the role in your case: an executive or manager (L-1A) or an employee with specialized knowledge (L-1B). 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.