L-1 visa — intracompany transferees (L-1A and L-1B)
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The L-1 lets a company with offices abroad transfer an employee to a related U.S. office. L-1A is for executives and managers; L-1B is for employees with specialized knowledge. The employee must generally have worked for the company abroad for one continuous year within the three years before the petition.
What the regulations require
- a qualifying relationship between the foreign company and the U.S. company: the same employer, or a parent, branch, subsidiary or affiliate;
- the companies are doing business in the United States and in at least one other country during the L-1 stay;
- one continuous year of full-time employment abroad with the company within the three years before the petition;
- the U.S. role is executive or managerial (L-1A) or requires specialized knowledge (L-1B).
The rules are in 8 C.F.R. § 214.2(l).
Opening a new office
A company may transfer someone to open a new U.S. office. The petition must show, among other things, that sufficient physical premises have been secured. For L-1A, it must also show the new office is expected to support an executive or managerial position within one year. A new-office petition may be approved for up to one year (8 C.F.R. § 214.2(l)(3)(v), (l)(7)(i)(A)(3)), and the extension then looks at what the office has become.
How the process generally works
- The U.S. company files Form I-129 with the L supplement. Certain large companies may use a blanket petition, after which employees apply directly at a consulate.
- USCIS decides the petition; premium processing is available for an additional government fee.
- The employee applies for the visa at a U.S. consulate, or may change status if already in the United States.
How long it lasts
An initial petition is generally approved for up to three years (one year for a new office), with extensions in increments of up to two years. The total stay may not exceed seven years for L-1A and five years for L-1B (8 C.F.R. § 214.2(l)(15)(ii)). A spouse and children may accompany in L-2 status.
Questions and answers
What counts as 'specialized knowledge' for L-1B?
Special knowledge of the company's products, services, research, equipment, techniques or processes, or an advanced level of knowledge of its processes and procedures. USCIS looks at how the knowledge differs from that generally found in the industry.
Can an L-1A lead to a green card?
Many L-1A managers and executives later file for the EB-1C green card, which uses a similar test. It is a separate petition and a separate decision.
Do I have to have worked abroad as a manager for L-1A?
For L-1A, the year abroad generally must have been in an executive, managerial or specialized-knowledge role, and the U.S. role must be executive or managerial.
Sources
- 8 C.F.R. § 214.2(l) — intracompany transferees (eCFR)
- USCIS — L-1A intracompany transferee executive or manager
- USCIS — L-1B intracompany transferee specialized knowledge
Related categories
- EB-1CGreen card — multinational executives & managers
- E-2Treaty investor
- O-1AExtraordinary ability — sciences, business, education, athletics
This page is general information about U.S. immigration law, not legal advice. Requirements and procedures change, and whether a category fits depends on the facts of each case. Government filing fees are separate and are set by the agencies.