L-1 Visa: Intracompany Transferee Guide for Executives, Managers, and Specialized Knowledge Employees
Published: Dec 25, 2018 | Updated: Sep 29, 2026
Reviewed by: Beth Persky, Esq.

The L-1 visa is a nonimmigrant work classification that lets a company with operations both inside and outside the United States transfer an executive, manager, or specialized knowledge employee from a related foreign entity to a U.S. parent, branch, subsidiary, or affiliate. It is for employees who have worked for a qualifying foreign entity full time for at least one continuous year within the applicable three-year look-back period, and for companies that need to move that person to the United States for a temporary assignment, including to open a new U.S. office.
There are two subcategories. The L-1A covers executives and managers, with a maximum stay of seven years. The L-1B covers employees with specialized knowledge, with a maximum stay of five years. Neither is subject to an annual numerical cap or lottery, and both allow the employee to pursue permanent residence without losing L-1 eligibility.
Key Takeaways
- The L-1 requires two things at once: a qualifying corporate relationship (parent, branch, subsidiary, or affiliate) between the U.S. petitioner and the foreign employer, and an employee who worked full time for the foreign entity for one continuous year within the look-back period.
- L-1A is for executives and managers (up to seven years total). L-1B is for specialized knowledge employees (up to five years total). Initial approvals run up to three years, or up to one year for a new office, with extensions of up to two years at a time.
- There is no annual cap, no lottery, no Labor Condition Application, and no regulatory minimum salary.
- L-2 dependent spouses are employment authorized incident to status. L-2 children are not.
- The L-1 does not by itself lead to a green card. L-1A managers and executives may be eligible for a separate EB-1C immigrant petition without a PERM labor certification if the employer files Form I-140 and the separate EB-1C requirements are met.
- Since September 9, 2026, covered employers (50 or more employees in the United States, with more than 50 percent in H-1B, L-1A, or L-1B status) pay the $4,500 9-11 Response and Biometric Entry-Exit Fee on extension-of-stay petitions as well as on initial and change-of-employer petitions.
- A filing that seeks continued L-1 employment and stay generally must be received before both the petition validity and the employee's authorized stay expire. Reaching the L-1 maximum does not extend status while a green card case is pending.
What is the L-1 visa and who is it for?
The L-1 classification comes from section 101(a)(15)(L) of the Immigration and Nationality Act (INA). The implementing regulation is 8 CFR 214.2(l). Together they define an intracompany transferee as a person who, within the three years before applying for admission, was employed abroad continuously for one year by a firm, corporation, or other legal entity (or its parent, branch, affiliate, or subsidiary), and who seeks to enter the United States temporarily to keep working for that same employer or a qualifying related entity in a capacity that is managerial, executive, or involves specialized knowledge.
In practice, the L-1 is used by three kinds of companies:
- Established multinationals that rotate leadership or technical staff into existing U.S. operations.
- Foreign companies that have no U.S. presence yet and want to send someone to open a new U.S. office.
- Smaller businesses, including founder-owned companies, where the owner or a key manager needs to run a U.S. subsidiary or affiliate.
The sponsor is always a qualifying organization, acting through its U.S. entity (the petitioner). The employee is the beneficiary and cannot sponsor himself or herself as an individual. Where the petition is presented differs by case: an individual petition is filed with USCIS on Form I-129; a blanket-petition transferee presents Form I-129S at a consulate; and a Canadian citizen may present either type of petition directly to Customs and Border Protection at a port of entry. In every case the corporate relationship, the employee's prior employment, and the job duties must meet the regulatory requirements. An owner of a business can be the beneficiary of a petition filed by the U.S. entity if those requirements are met.
L-1A versus L-1B: what is the difference?
Both subcategories share the same corporate relationship requirement and the same one-year-abroad requirement. They differ in the type of position, the maximum stay, and which immigrant categories are available later. The L-1A has a companion immigrant category (EB-1C) that does not require a PERM labor certification; the L-1B does not.
| Feature | L-1A | L-1B |
|---|---|---|
| Position type | Executive or managerial capacity | Specialized knowledge capacity |
| Governing definitions | INA 101(a)(44)(A) and (B); 8 CFR 214.2(l)(1)(ii)(B) and (C) | INA 214(c)(2)(B); 8 CFR 214.2(l)(1)(ii)(D) |
| Initial approval (existing office) | Up to 3 years | Up to 3 years |
| Initial approval (new office) | Up to 1 year | Up to 1 year |
| Extension increments | Up to 2 years at a time | Up to 2 years at a time |
| Maximum total stay | 7 years | 5 years |
| Related immigrant category | EB-1C multinational manager or executive, no labor certification required, if separately petitioned and approved | No direct counterpart; EB-2 or EB-3 with PERM labor certification, or another category the person independently qualifies for |
A person can hold L-1B status and later be classified as L-1A if the employer files a new petition showing the person has moved into a qualifying executive or managerial role. Under 8 CFR 214.2(l)(15)(ii), the change to L-1A must be approved at least six months before the L-1B five-year limit is reached for the person to be eligible for the longer seven-year L-1A maximum.
Who qualifies for an L-1 visa? Eligibility and requirements
An approvable L-1 petition has to satisfy requirements on both sides: the companies and the employee.
Company requirements
- The U.S. petitioner and the foreign employer must have a qualifying relationship as parent, branch, subsidiary, or affiliate (8 CFR 214.2(l)(1)(ii)(G)).
- The qualifying organization must be, or will be, doing business as an employer in the United States and in at least one other country, directly or through a parent, branch, affiliate, or subsidiary, for the duration of the employee's stay. Doing business means the regular, systematic, and continuous provision of goods or services; the mere presence of an agent or office does not qualify (8 CFR 214.2(l)(1)(ii)(G)(2) and (H)).
- Because of that requirement, at least one qualifying entity outside the United States must keep operating while the employee is here. If the original foreign employer closes but the organization continues doing business through another qualifying foreign entity and the required relationship with the U.S. petitioner remains, eligibility can continue; if no qualifying foreign operation remains, the basis for L-1 status ends.
Employee requirements
- One continuous year of full-time employment abroad with a qualifying entity within a three-year look-back period. Which three years depends on the procedural posture:
- For an individual petition filed with USCIS, the regulation requires evidence of one continuous year of full-time employment abroad within the three years preceding the filing of the petition (8 CFR 214.2(l)(3)(iii)).
- If the employee is already in the United States working for the qualifying organization in another lawful status (an H-1B, for example), periods spent in the United States in lawful status working for the qualifying organization do not count toward the year abroad but also do not interrupt it, and USCIS does not count those periods against the three-year window (8 CFR 214.2(l)(1)(ii)(A); USCIS Policy Manual, Volume 2, Part L). Time in the United States for other reasons, such as study, does not receive that treatment.
- For a blanket petition, the one year abroad is measured as of the employee's application for admission (8 CFR 214.2(l)(5)(ii)).
- The statute itself frames the requirement as one year within the three years preceding the application for admission (INA 101(a)(15)(L)).
- The employment abroad must have been in an executive, managerial, or specialized knowledge capacity.
- The U.S. position must also be in an executive, managerial, or specialized knowledge capacity. The foreign and U.S. roles do not have to match exactly. A specialized knowledge employee abroad can be transferred into a managerial position, for example, so long as each role independently meets its definition.
- The employee must intend to leave the United States when the L-1 stay ends, but the regulation expressly allows the employee to pursue lawful permanent residence at the same time (8 CFR 214.2(l)(16)). This is the "dual intent" feature discussed below.
Part-time work abroad and the one-year rule
The regulation requires one continuous year of employment abroad. The USCIS Policy Manual, Volume 2, Part L, states that the foreign employment must have been full time. Part-time work abroad, or a year assembled from several shorter stints, will not meet the requirement. Brief business or pleasure trips to the United States during the year abroad do not break continuity, but they do not count toward the year either.
What is a qualifying relationship between the U.S. and foreign companies?
Every L-1 petition rests on the corporate relationship, and USCIS reviews it in detail. The regulation at 8 CFR 214.2(l)(1)(ii) defines four relationships:
- Parent: a firm, corporation, or other legal entity that has subsidiaries.
- Branch: an operating division or office of the same organization housed in a different location. A branch is not a separate legal entity.
- Subsidiary: an entity of which a parent owns, directly or indirectly, more than half and controls it; or owns exactly half and has equal control and veto power; or owns less than half but in fact controls the entity.
- Affiliate: one of two subsidiaries both owned and controlled by the same parent or individual; or one of two legal entities owned and controlled by the same group of individuals, each owning and controlling approximately the same share or proportion of each entity. The definition also includes certain international accounting and management consulting partnerships that market under an internationally recognized name.
Two features of these definitions require particular care.
First, ownership and control both matter. A company that owns 51 percent of another entity but has surrendered control through a shareholder agreement may not have a qualifying relationship. Conversely, a company that owns 50 percent must show equal control and veto power, and one that owns less than 50 percent must prove de facto control.
Second, for affiliates owned by a group of individuals, the ownership proportions have to line up. If four founders own the foreign company in equal 25 percent shares but only two of them own the U.S. company, the entities are not affiliates under the regulation.
USCIS evaluates the relationship through evidence such as articles of incorporation, stock certificates and ledgers, operating agreements, capitalization tables, annual reports, audited financial statements, and, for indirect ownership, an organizational chart tracing each link in the chain.
What counts as executive, managerial, or specialized knowledge capacity?
Executive capacity (INA 101(a)(44)(B)) means the employee primarily directs the management of the organization or a major component or function of it, sets goals and policies, has wide latitude in discretionary decision-making, and receives only general supervision from higher executives, the board, or shareholders.
Managerial capacity (INA 101(a)(44)(A)) means the employee primarily manages the organization, a department, subdivision, function, or component; supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function; has authority to hire and fire or recommend those actions (or, for function managers, operates at a senior level within the organizational hierarchy or with respect to the function managed); and exercises discretion over day-to-day operations of the activity or function.
A first-line supervisor is not a manager under this definition unless the employees supervised are professionals. The statute also provides that staffing levels alone do not decide the question; USCIS must consider the reasonable needs of the organization in light of its overall purpose and stage of development.
A function manager is a person who manages an essential function without necessarily supervising staff. To qualify, the petitioner has to show the function is essential to the organization, that the person manages it at a senior level, and that the person primarily manages rather than performs it. The designated precedent decision Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017), sets out this framework in the EB-1C context and USCIS applies the same reasoning in L-1A adjudications.
Specialized knowledge (INA 214(c)(2)(B); 8 CFR 214.2(l)(1)(ii)(D)) means special knowledge of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures. The USCIS Policy Manual, Volume 2, Part L, Chapter 4, explains that "special" knowledge is distinct or uncommon compared with what is generally found in the industry, and "advanced" knowledge is greatly developed or further along in complexity compared with what is generally found in the employer's own workforce. The knowledge does not have to be proprietary or unique, and the employee does not have to be the only person who has it.
USCIS weighs a nonexclusive set of factors in deciding whether knowledge is specialized. They include whether the knowledge is normally gained only through prior experience with the employer, whether it would be difficult to impart to another person without significant economic cost or inconvenience, whether it is particularly beneficial to the employer's competitiveness, how it compares with knowledge held by similarly employed workers inside and outside the organization, and the employee's compensation relative to peers. No single factor is required. The petitioner's task is to document the knowledge concretely and explain how it fits these factors rather than to recite the definition.
What are the benefits of the L-1 visa?
- No annual cap or lottery. L-1 petitions can be filed at any time of year and are not subject to the numerical limits that apply to the H-1B category.
- No labor certification and no prevailing wage requirement. The L-1 has no Department of Labor component. There is no Labor Condition Application and no wage floor set by regulation, although the offered salary is still evidence of whether a position is genuinely executive, managerial, or specialized.
- Dual intent. Under 8 CFR 214.2(l)(16), filing or approving an immigrant petition, a labor certification, or an application for Adjustment of Status is not by itself a basis to deny an L-1 petition, extension, or admission. An L-1 employee can pursue a green card without abandoning L-1 eligibility.
- New office option. A foreign company with no U.S. operation can transfer someone to start one, subject to the one-year initial approval and stricter evidence rules discussed below.
- Spouse work authorization. L-2 spouses are employment authorized incident to status and do not need a separate Employment Authorization Document to work.
- Multi-year stays. Up to seven years for L-1A and five years for L-1B, counting time in both L-1 and H-1B status.
- Blanket petitions for large organizations. Qualifying companies can obtain approval of their corporate relationships once and then process individual transferees without a new Form I-129 for each.
- EB-1C connection for L-1A employees. A manager or executive who meets the separate EB-1C requirements can have the employer file Form I-140 without a PERM labor certification. This is a separate petition with its own eligibility standards, not an automatic step.
How long can you stay on an L-1 visa? Initial periods and extensions
The periods below come from 8 CFR 214.2(l)(7), (l)(12), and (l)(15).
Initial period. A petition for an employee coming to an existing U.S. office may be approved for up to three years. A petition for an employee coming to open or work in a new office may be approved for up to one year.
Extensions. Each extension may be granted in increments of up to two years, filed on Form I-129 before the current period of authorized stay expires. Under 8 CFR 214.2(l)(14)(i), a petition extension may be filed only if the validity of the original petition has not expired.
Maximum. L-1A employees may hold L-1 status for a total of seven years. L-1B employees may hold it for a total of five years. Time spent in H-1B status counts toward these limits, and L-1 time counts toward the H-1B six-year limit (8 CFR 214.2(l)(12)(i); 8 CFR 214.2(h)(13)(iii)(A)).
After the maximum. An employee who reaches the limit cannot be granted further L-1 or H-1B status until he or she has lived and worked outside the United States for one year (8 CFR 214.2(l)(12)(i)). Brief trips to the United States for business or pleasure during that year are permitted but do not count toward the year abroad.
Recapture. Days spent physically outside the United States during the L-1 period do not count against the maximum and may be recaptured with documentary proof such as passport stamps, I-94 records, and travel itineraries. The burden is on the petitioner to document each trip.
Intermittent or seasonal employees. The maximum-stay limits do not apply to an L-1 employee who does not reside continually in the United States and whose U.S. employment is seasonal or intermittent or totals less than six months per year, nor to one who resides abroad and commutes to the United States for part-time work (8 CFR 214.2(l)(12)(ii)).
Grace period. Under 8 CFR 214.1(l)(2), an L-1 employee whose employment ends before the authorized stay expires may be considered to have maintained status for up to 60 consecutive days, or until the end of the authorized period, whichever is shorter. During that window the person may seek a change of status, a new petition from a qualifying entity, or depart. The grace period is discretionary and does not authorize work.
How does the L-1 new office petition work?
A "new office" is an organization that has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year (8 CFR 214.2(l)(1)(ii)(F)). New office petitions are approved for one year at most and face additional evidence requirements under 8 CFR 214.2(l)(3)(v) and (vi).
For a new office petition, the petitioner must show:
- Sufficient physical premises to house the new office have been secured (8 CFR 214.2(l)(3)(v)(A) and (vi)(A)). A signed lease, deed, or comparable proof of the right to occupy commercial space is the type of evidence that addresses this requirement. Whether a given arrangement is sufficient depends on the nature of the business and the space.
- The beneficiary has been employed abroad for one continuous year in the three years before filing in an executive or managerial capacity (for L-1A) or a specialized knowledge capacity (for L-1B).
- For L-1A, the intended U.S. operation, within one year of approval, will support an executive or managerial position. This is shown through the proposed nature of the office, its scope, organizational structure, and financial goals; the size of the U.S. investment and the foreign entity's financial ability to pay the beneficiary and begin doing business; and the organizational structure of the foreign entity.
- For L-1B, the petitioner must show it has the financial ability to pay the beneficiary and begin doing business in the United States.
A detailed business plan with staffing projections, market analysis, and financial forecasts is the practical way to meet these standards. USCIS has no formal business plan requirement in the L-1 regulation, but the elements the regulation demands are what a business plan documents.
The first extension carries its own evidentiary burden. When the new office petitioner files to extend beyond the first year, 8 CFR 214.2(l)(14)(ii) requires evidence that the U.S. and foreign entities are still qualifying organizations, that the U.S. entity has been doing business for the previous year, a statement of the beneficiary's duties during the year and the duties proposed for the extension, a statement describing the staffing of the new operation (including the number of employees and types of positions, with wage information and evidence of financial status), and evidence of the U.S. operation's financial status. If the office has not grown enough to support a genuinely managerial or executive role, the extension can be denied even though the initial petition was approved. Founders who plan to run a U.S. operation largely alone for the first year face particular difficulty here.
What is a blanket L petition and when does it make sense?
A blanket petition (8 CFR 214.2(l)(4)) lets a large organization obtain a single USCIS approval of its qualifying corporate relationships. Blanket approval establishes the relationships among the listed entities; it does not decide any individual employee's eligibility. Each transferee must still show one year of qualifying employment abroad and a qualifying executive, managerial, or specialized knowledge professional position, and that showing is made when the individual applies.
To qualify for a blanket petition, the petitioner and each included entity must be engaged in commercial trade or services, the petitioner must have had an office in the United States doing business for one year or more, and the petitioner must have three or more domestic and foreign branches, subsidiaries, or affiliates. The petitioner must also meet one of three thresholds: at least ten L-1 approvals in the previous 12 months, U.S. subsidiaries or affiliates with combined annual sales of at least $25 million, or a U.S. workforce of at least 1,000 employees.
An initial blanket petition is approved for three years and may then be extended indefinitely (8 CFR 214.2(l)(7)(i)(B)). How an individual employee uses it depends on where the employee is:
- An employee outside the United States presents Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, together with the blanket approval notice, to a U.S. consulate with the visa application. The consular officer determines individual eligibility.
- A Canadian citizen may present Form I-129S and the blanket approval to Customs and Border Protection at a port of entry.
- An employee already in the United States who wants to change to or extend L status under a blanket petition must follow the applicable USCIS filing procedure described in the Form I-129S and Form I-129 instructions rather than simply presenting the I-129S.
Under the blanket program, specialized knowledge employees must be "specialized knowledge professionals," meaning the position requires a bachelor's degree or equivalent in addition to specialized knowledge (8 CFR 214.2(l)(1)(ii)(E)). Employees admitted under a blanket petition receive an initial three-year period, and the one-year employment abroad requirement is measured as of the date of admission.
A blanket petition suits organizations moving multiple people per year. A company transferring one or two employees, or one that does not meet the thresholds, generally proceeds by individual petition.
How do you apply for an L-1 visa? Step by step
These steps describe an individual petition. Blanket cases and Canadian citizens follow the variations noted above.
- Assess the corporate relationship and the role. Before anything is filed, confirm the ownership and control chain between the U.S. and foreign entities and confirm that both the foreign job and the U.S. job meet the executive, managerial, or specialized knowledge definitions. If the U.S. entity does not exist yet, form it, obtain an Employer Identification Number, open a bank account, and secure premises.
- Assemble the evidence. Gather the corporate documents, financial records, organizational charts, job descriptions, and employee records described in the documents section below. For new office cases, prepare the business plan.
- Prepare and file Form I-129 with the L Classification Supplement. The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with the L supplement, the required fees, and supporting evidence at the USCIS location designated in the form instructions. If the employee is already in the United States in another valid status, the petition can request a change of status; if the employee is abroad, it requests consular notification. Form I-907 for premium processing can be filed with the petition or later.
- Respond to any Request for Evidence. USCIS may issue a Request for Evidence (RFE) or a Notice of Intent to Deny. Response deadlines are stated on the notice and cannot be extended. Where premium processing was used, the 15-business-day clock stops when the RFE is issued and restarts when USCIS receives the response.
- Receive the decision on Form I-797. An approval for an employee abroad generates a Form I-797 approval notice that the employee uses to apply for the visa. An approved change of status for an employee already in the United States comes with a new Form I-94 attached to the approval notice, and no visa is needed until the person travels.
- Apply for the visa at a U.S. embassy or consulate (employees outside the United States). The employee completes Form DS-160, pays the visa application fee, schedules an interview, and attends with the I-797 approval notice, passport, and supporting documents. The consular officer reviews eligibility independently and may refuse under INA 221(g) or request additional documents. Department of State guidance updated July 15, 2026 states that nonimmigrant visa applicants should schedule interviews at the post in their country of nationality or residence, designates alternate posts where routine operations are unavailable, warns that applying in a third country may be harder and slower, and allows exceptions only rarely. Employees who used to obtain visas in a third country while traveling should plan accordingly.
- Enter the United States and receive Form I-94. At the port of entry, Customs and Border Protection admits the employee in L-1 status and issues an electronic I-94 showing the authorized period. The I-94 end date, not the visa expiration date, controls how long the person may stay. Canadian citizens may present the approved petition (or the blanket approval with Form I-129S) directly at a port of entry or pre-clearance location without a consular visa (8 CFR 214.2(l)(17)).
- Maintain status and file extensions on time. The employer must file an amended petition if there are material changes in the terms of employment or the corporate relationship (8 CFR 214.2(l)(7)(i)(C)), and must file extensions before the current I-94 expires.
What documents are needed for an L-1 petition?
The regulation at 8 CFR 214.2(l)(3) sets the required evidence. In practice, a complete petition includes:
Corporate relationship evidence
- Articles of incorporation, organization, or equivalent for both entities
- Stock certificates, stock ledgers, membership interest schedules, or share registers
- Capitalization tables and, for indirect ownership, an organizational chart tracing the chain
- Shareholder or operating agreements addressing control and voting rights
- Annual reports, audited financial statements, or tax returns for both entities
Doing business evidence
- Recent invoices, contracts, and bank statements for both entities
- Business licenses, lease agreements, and photographs of premises
- Payroll records and staffing lists showing employees and positions
- Marketing materials, website printouts, and client lists
Employee evidence
- Letter from the foreign employer confirming dates of employment, title, duties, and full-time status
- Foreign payroll records, pay stubs, or tax documents covering the one-year period
- Organizational charts for the foreign entity showing the employee's position, subordinates, and reporting line
- Résumé, diplomas, and any professional certifications
- Passport and, if in the United States, current I-94 and prior approval notices
Position evidence
- Detailed U.S. job description with percentage of time devoted to each duty
- U.S. organizational chart showing the position, subordinates (with titles and degrees), and reporting structure
- For specialized knowledge cases: descriptions of the product, process, or methodology; training records; evidence of the knowledge's relation to the company's international operations; and an explanation of how the knowledge compares with what others inside and outside the company hold
- For new office cases: lease, business plan, evidence of the foreign entity's financial ability, and evidence of U.S. capitalization such as wire transfer confirmations
Forms
- Form I-129 with L Classification Supplement
- Form I-907 if premium processing is requested
- Form I-129S and blanket approval notice for blanket cases
- Form I-539 for dependents changing or extending status in the United States
Documents in a foreign language must be accompanied by a full English translation with a translator's certification (8 CFR 103.2(b)(3)).
What are the L-1 visa filing fees?
Government fees for an L-1 petition are layered. The petitioning employer is responsible for the USCIS fees; the employee pays the consular visa fee. The USCIS amounts below are set by 8 CFR 106.2 and reflected in the USCIS fee schedule (Form G-1055); the visa fee comes from the Department of State fee schedule. Check the live schedules before filing, because USCIS rejects petitions filed with an incorrect fee and a rejected petition loses its filing date.
| Fee | Amount | Who pays and when it applies |
|---|---|---|
| Form I-129 base fee (L classification) | $1,385 standard; $695 for small employers (25 or fewer full-time equivalent employees) and nonprofits | Employer; every L-1 petition |
| Asylum Program Fee | $600 standard; $300 for small employers; $0 for nonprofits | Employer; applies to Form I-129 filings unless an exemption in 8 CFR 106.2(c)(13) or the form instructions applies |
| Fraud Prevention and Detection Fee | $500 | Employer; on a petition for an initial grant of L classification and on a petition by a different qualifying entity to take over the employment. Also paid by an individual seeking initial L status under a blanket petition (with Form I-129S). Not charged on an extension by the same employer (INA 214(c)(12); 8 CFR 106.2(c)(2)) |
| 9-11 Response and Biometric Entry-Exit Fee (Public Law 114-113 fee) | $4,500 | Employer; only "covered employers" with 50 or more U.S. employees, more than half of whom are in H-1B or L-1 status. Under the DHS final rule effective September 9, 2026, covered employers pay it on initial, change-of-employer, and extension-of-stay petitions, but not on amended petitions that do not seek to extend status. By statute the fee applies to petitions filed on or before September 30, 2027 unless Congress extends it |
| Premium processing (Form I-907) | $2,965 | Optional; employer or employee may pay; amount effective for requests postmarked on or after March 1, 2026 |
| Form I-539 for L-2 dependents | $470 online; $420 paper (per application; family members may be included) | Dependents in the United States changing or extending status |
| Visa application (MRV) fee | $205 | Each L-1 and L-2 applicant applying at a consulate |
| Visa reciprocity fee | Varies by country | Paid at visa issuance where applicable |
Visa integrity fee. Public Law 119-21 (enacted July 4, 2025) created a new fee on nonimmigrant visa issuance, set by statute at $250 for fiscal year 2025 and subject to annual inflation adjustment. The Department of State's published fee schedule governs whether and how the fee is collected from L-1 and L-2 applicants at any given time. This page does not quote a collectible amount; applicants should check the Department of State fee page when scheduling the interview.
There is no fee waiver for Form I-129. Attorney fees are separate from all government fees.
How long does L-1 processing take?
USCIS publishes case processing times for Form I-129 by classification and service center on its Check Case Processing Times page. Those figures change from month to month, and any number quoted here would be out of date quickly, so the live tool is the only reliable reference for regular processing. Timelines vary by service center, by case complexity, and by whether an RFE is issued.
Premium processing is available for L-1A and L-1B petitions, including new office and blanket-based petitions filed on Form I-129. USCIS commits to take an adjudicative action (approval, denial, RFE, or notice of intent to deny) within 15 business days of receiving Form I-907. If it does not, USCIS refunds the premium processing fee and continues expedited handling (8 CFR 106.4). An RFE stops the clock, and a new 15-business-day period begins when USCIS receives the response.
Consular step. After USCIS approval, the employee needs a visa interview appointment. Appointment availability differs by post and by season, and the Department of State publishes estimated wait times by location. Administrative processing under INA 221(g) after the interview can add time in some cases.
What makes up the total. The end-to-end time is the sum of several pieces: document collection and petition drafting (which depends on the company), USCIS adjudication (15 business days with premium processing, longer without), the consular appointment and visa issuance, and travel. For new office cases, entity formation and lease signing come before any of this. No single figure applies to every case.
L-2 visas for spouses and children
The spouse and unmarried children under 21 of an L-1 employee may be admitted in L-2 status for the same period as the principal (8 CFR 214.2(l)(7)(ii)). Dependents abroad apply for L-2 visas at the consulate with proof of the relationship and the L-1 approval; dependents in the United States file Form I-539, Application to Extend/Change Nonimmigrant Status.
Work authorization for L-2 spouses. Since November 2021, USCIS treats L-2 spouses as employment authorized incident to status. Customs and Border Protection annotates the spouse's I-94 with the class of admission "L-2S." For Form I-9 purposes, an unexpired I-94 with that notation is a List C document, which proves employment authorization only; the spouse must also present a List B identity document (such as a driver's license), or an acceptable List A document instead. A spouse may still file Form I-765 for an Employment Authorization Document if he or she prefers a card, but it is not required. L-2 children are not employment authorized.
Study. L-2 spouses and children may attend school full time or part time without changing to F-1 status.
Aging out. L-2 eligibility ends when a child turns 21. To remain lawfully in the United States, the child needs another status (F-1 student status, for example) and should file a timely change of status request before the 21st birthday under the rules in 8 CFR 214.1(c). Filing does not guarantee approval, and a child with no other lawful basis to remain must depart.
Dependents and premium processing. Form I-539 for dependents is not itself eligible for premium processing when filed alone. When filed together with the principal's premium-processed Form I-129, USCIS aims to adjudicate the two together, but the 15-business-day commitment covers only the I-129.
Can an L-1 holder get a green card? The EB-1C path and other options
L-1 status by itself does not lead to permanent residence. A separate immigrant petition, followed by Adjustment of Status on Form I-485 or consular immigrant visa processing, is required, and each stage has its own eligibility standards.
EB-1C multinational manager or executive. INA 203(b)(1)(C) and 8 CFR 204.5(j) create a first-preference immigrant category for a person who was employed abroad for at least one year in the three years before the petition (or, if already working in the United States for the same employer, in the three years before entering as a nonimmigrant) in a managerial or executive capacity by a qualifying entity, and who is coming to work for a U.S. affiliate, subsidiary, or parent in a managerial or executive capacity. The U.S. employer must have been doing business for at least one year. No PERM labor certification is required. The employer files Form I-140, Immigrant Petition for Alien Worker.
Several differences from the L-1A matter here:
- The EB-1C has no "new office" accommodation. The U.S. employer must have been doing business for at least one year before filing the I-140, so a founder who arrives on a new office L-1A cannot file EB-1C on day one.
- The EB-1C covers only managers and executives, so L-1B specialized knowledge employees do not qualify on that basis.
- USCIS reviews the managerial or executive nature of both the foreign and the U.S. positions again in the I-140, with the Matter of G- Inc. function manager framework applied. An approved L-1A does not bind USCIS on the I-140.
- The EB-1C is subject to the per-country visa limits. Applicants chargeable to India or mainland China should check the Department of State Visa Bulletin for the EB-1 category; an approved I-140 does not permit filing Form I-485 until a visa number is available.
Other immigrant options for L-1 employees. L-1B employees, and L-1A employees who do not meet EB-1C, may qualify for EB-2 or EB-3 through a PERM labor certification sponsored by the employer, EB-1A extraordinary ability, EB-2 National Interest Waiver, or EB-5 investment, depending on their individual circumstances. Each has independent requirements.
Adjustment of Status while in L-1 status. Because of dual intent, an L-1 employee may file Form I-485 when eligible and continue to travel on the L-1 visa without advance parole, provided the L-1 status remains valid and the person returns to resume L-1 employment with the petitioning employer. Adjustment of Status is a discretionary benefit under INA 245; meeting the eligibility requirements does not compel approval, and USCIS applies the discretionary factors described in the USCIS Policy Manual, Volume 7, Part A.
Timing trap at the maximum stay. Reaching the seven-year or five-year L-1 limit does not extend status while a green card case is pending. Unlike the H-1B category, the L-1 regulations contain no one-year or three-year extension beyond the maximum based on a pending PERM or I-140. An employee approaching the limit with an unfinished green card case needs another status or must depart.
What can go wrong in an L-1 case?
Ownership changes can end the relationship. If the foreign parent sells the U.S. subsidiary, or the common owner of two affiliates sells one, the qualifying relationship may end and L-1 status can no longer be maintained unless a qualifying relationship survives the transaction. An amended petition is required for material changes in the corporate relationship, and if no qualifying relationship remains, no amendment can cure it.
A qualifying foreign operation must continue. If the organization stops doing business outside the United States, whether by closing the original foreign employer without another qualifying foreign entity or otherwise, the L-1 basis ends and the foreign employment basis for a later EB-1C petition may be affected.
Working at client sites. Under INA 214(c)(2)(F), an L-1B employee may not be stationed primarily at the worksite of an unaffiliated employer if the employee will be principally controlled and supervised by that unaffiliated employer, or if the placement is essentially an arrangement to provide labor for hire rather than a placement connected to the provision of a product or service requiring the petitioner's specialized knowledge. Petitions involving third-party placements should document who controls and supervises the work.
Owner-beneficiaries. A person who owns the U.S. and foreign companies can be an L-1 beneficiary. USCIS will look at whether the petitioner is a qualifying organization with the required relationship to the foreign entity, whether the beneficiary is genuinely employed by the organization rather than acting only as an investor, and whether the duties meet the claimed executive, managerial, or specialized knowledge definition rather than the operational work of a small business. A sole proprietorship is not legally separate from its owner and cannot serve as the petitioner for its own proprietor.
Job duty inflation. Petitions that describe every duty in managerial language while the organizational chart shows no subordinates and the business has minimal revenue invite an RFE or denial. Adjudicators look at whether the staffing and operations plausibly support the claimed role.
Travel while an extension or change of status is pending. These are different requests with different consequences. A change of status request (for example, from H-1B or F-1 to L-1) is generally treated as abandoned if the person departs the United States while it is pending. An extension of stay for someone already in L-1 status is not abandoned by travel, but a person whose I-94 has expired cannot rely on the 240-day continued-employment provision from outside the United States and cannot re-enter on the expired I-94; readmission requires a valid visa, a valid passport, and an approved petition.
Visa validity versus status. The visa in the passport governs entry; the I-94 governs how long the person may stay. A visa can expire while status remains valid, and a person can be admitted for a shorter period than the petition validity if the passport expires sooner.
Late extension filings. An extension filed after the I-94 expires generally cannot be approved as an extension. USCIS may excuse a late filing in its discretion under 8 CFR 214.1(c)(4) for extraordinary circumstances beyond the petitioner's control, but that is not something to rely on.
Specialized knowledge evidence. USCIS examines closely whether the specialized knowledge standard is met. Petitioners should assume the showing needs detailed, concrete evidence tied to the factors in the Policy Manual rather than general assertions.
Consular refusal after USCIS approval. USCIS approval does not bind the consular officer, who may refuse the visa under INA 221(g) and return the petition to USCIS with a recommendation for revocation if the officer believes the facts differ from the petition. Consistency between the petition and the interview answers matters.
2026 developments affecting L-1 petitions and visa issuance
9-11 Response and Biometric Entry-Exit Fee rule (effective September 9, 2026). DHS published a final rule on August 10, 2026 amending the regulations on the statutory $4,500 fee for H-1B and L-1 petitions under section 411 of Public Law 114-113. Under the rule, covered employers (50 or more U.S. employees, with more than 50 percent in H-1B, L-1A, or L-1B status) pay the fee on initial, change-of-employer, and extension-of-stay petitions, but not on amended petitions that do not seek to extend status. Before this rule the fee applied only to initial and change-of-employer petitions. By statute the fee applies to petitions filed on or before September 30, 2027 unless Congress extends it, so employers budgeting for 2027 and 2028 transfers should watch for congressional action. USCIS published a new Form G-1055 fee schedule edition dated September 9, 2026 to reflect the change.
Premium processing fee increase (effective March 1, 2026). DHS increased premium processing fees by inflation under INA 286(u). The Form I-129 premium processing fee for L-1 petitions is $2,965 for requests postmarked on or after March 1, 2026.
Visa interviews in the country of nationality or residence (guidance updated July 15, 2026). The Department of State states that nonimmigrant visa applicants, including L-1 and L-2 applicants, should schedule interviews at the post in their country of nationality or residence. The guidance designates alternate posts for countries where routine visa operations are unavailable, warns that third-country applications may be more difficult and slower, and states that exceptions are rare.
Realignment of visa services in Africa (effective August 1, 2026). The Department of State moved routine visa services from specified posts in Africa to designated regional hubs. L-1 and L-2 applicants who are nationals or residents of the affected countries may need to apply at the designated hub rather than a local post. The Department's notice lists the affected posts and hubs.
Presidential Proclamation 10998 (effective January 1, 2026). The proclamation, signed in December 2025, fully or partially suspends entry and visa issuance for nationals of 39 countries and certain holders of Palestinian Authority travel documents, with exceptions and a national-interest waiver provision. According to the Department of State, visas issued before January 1, 2026 are not revoked by the proclamation. Whether the L classification is fully or partially restricted depends on the applicant's nationality; the Department of State's proclamation page lists each country and the categories affected, and anyone from a listed country should review it before filing.
Not affected: the H-1B entry restrictions. Presidential proclamations issued in September 2025 and September 2026 restricting the entry of certain H-1B specialty occupation workers, including the $100,000 payment condition, apply to the H-1B category. They do not apply to L-1 petitions or L visa issuance.
If your company is planning to transfer an executive, manager, or key technical employee to the United States, or you are weighing whether to open a U.S. office on an L-1A, the corporate structure and the job description should be worked out before anything is filed. You can contact Ashoori Law or request a consultation . Ashoori Law is a U.S. immigration law firm focused on employment-based, family-based, business, and investment immigration.This article is general information, not legal advice; consult a licensed immigration attorney about your case.
Frequently asked questions about the L-1 visa
- How long can I stay in the United States on an L-1 visa?
L-1A executives and managers may stay up to seven years in total. L-1B specialized knowledge employees may stay up to five years. Initial approvals are up to three years (one year for a new office), with extensions of up to two years at a time until the maximum is reached. Time in H-1B status counts toward the L-1 maximum.
- Is there a minimum salary for the L-1 visa?
No regulation sets a minimum L-1 salary and there is no Labor Condition Application or prevailing wage determination. The offered pay is still evidence of whether the position is genuinely executive, managerial, or specialized, and the petitioner must show the ability to pay it.
- Can I change employers on an L-1 visa?
Only to another entity within the same qualifying corporate group, and only if the new entity files its own petition or the employee is covered by a blanket petition. An L-1 employee cannot move to an unrelated company on L-1 status; that would require a different classification such as H-1B.
- What happens to my L-1 status if my company is acquired or merges?
It depends on whether a qualifying relationship between the U.S. petitioner and a foreign entity survives the transaction. If the same corporate group still owns and controls both sides, an amended petition documenting the change is generally required. If the U.S. entity is sold to an unrelated buyer with no qualifying foreign affiliate, the basis for L-1 status ends and the employee needs another status.
- Can my spouse work on an L-2 visa?
Yes. L-2 spouses are employment authorized incident to status. An I-94 showing the L-2S class of admission is a List C document for Form I-9, so the spouse also presents a List B identity document. A separate Employment Authorization Document is optional. L-2 children may not work.
- Do I need a degree for an L-1 visa?
No degree is required for an individual L-1A or L-1B petition. Under a blanket petition, specialized knowledge employees must be "specialized knowledge professionals," which requires a bachelor's degree or equivalent.
- Can the L-1 employee be paid by the foreign company instead of the U.S. company?
The L-1 regulations do not require that the salary be paid from U.S. payroll. USCIS has accepted arrangements in which the foreign entity continues to pay the employee, but the petitioner must still show the U.S. entity's ability to pay and that the employee is working for the U.S. entity in the claimed capacity. Tax and payroll compliance in both countries is a separate matter for the employer's advisors.
- Can an L-1 petition be filed for someone already in the United States in another status?
Yes. The petition can request a change of status if the person is maintaining a valid status (such as H-1B, F-1, or TN) and meets the one-year-abroad requirement within the applicable look-back period. Departing the United States while the change of status request is pending is generally treated as abandoning it.
- Does L-1 time count against the H-1B six-year limit?
Yes. Time in L-1 status counts toward the H-1B six-year maximum, and time in H-1B status counts toward the L-1 five- or seven-year maximum (8 CFR 214.2(h)(13)(iii)(A) and 214.2(l)(12)(i)).
- What happens if my L-1 extension is denied after my I-94 expired?
A timely, non-frivolous extension request places the person in a period of authorized stay while it is pending and allows up to 240 days of continued employment. When USCIS denies the request, that protection and the work authorization end. What follows for unlawful presence depends on when the I-94 expired, when the denial issued, and whether any other authorized stay exists; in general, unlawful presence begins accruing the day after the denial. A motion or appeal does not extend status.
- Does an approved L-1A guarantee EB-1C approval?
No. The EB-1C is a separate petition with its own requirements, including that the U.S. employer has been doing business for at least one year and that both the foreign and U.S. positions were and will be managerial or executive. USCIS reviews these facts independently.
- What is the difference between the L-1 and the H-1B?
The L-1 requires a qualifying corporate relationship and one year of prior employment abroad but has no annual cap, no lottery, no Labor Condition Application, and no degree requirement for individual petitions. The H-1B requires a specialty occupation and a bachelor's degree or equivalent, is subject to an annual cap and lottery for most new petitions, and requires a certified Labor Condition Application, but does not require prior employment with a related foreign entity.
- Can Canadians get L-1 status without a visa?
Canadian citizens may present an approved individual petition, or Form I-129S with a blanket approval, directly to Customs and Border Protection at a port of entry or pre-clearance location under 8 CFR 214.2(l)(17), and they do not need a visa stamp. All other nationals need a visa issued by a U.S. consulate before entry.
- Do I have to leave the United States when I reach the L-1 maximum?
You must leave or hold another valid status. L-1 or H-1B status cannot be granted again until you have spent one year outside the United States, unless you qualify for the exception for intermittent or part-time employees who reside abroad.