L1 Visa Requirements: Step-by-Step Guide on the L1 Requirements

L1 Visa Requirements: Step-by-Step Guide on the L1 Requirements

The L1 visa allows certain foreign workers to transfer from a foreign company to a US branch office, parent, subsidiary, or affiliate company.

 

In this guide, I will discuss the L1 visa requirements.

 

If you have any questions about the L1 visa or if you are looking for a US immigration lawyer to help you file your L1 visa petition, contact me directly at contact@ashoorilaw.com. My team and I would be happy to help you.

 

Overview:

 

1. Introduction to the L1 Visa

 

2. Breakdown of 4 Main L1 Visa Requirements

 

3. Qualifying Relationship Between the Foreign Company and the US Company

 

4. Continuous Employment with the Foreign Company for 1 Year

 

5. Employment with the Foreign Company Must be in a Managerial, Executive, or Specialized Knowledge Capacity

 

6. The Employee’s Work for the US Company Must be in a Managerial, Executive, or Specialized Knowledge Capacity

 

7. Special Requirements for New Offices

 

8. Conclusion

 

1. Introduction to the L1 Visa

 

The L1 Visa is a non-immigrant visa which allows foreign companies to transfer a manager, executive, or person with specialized knowledge to a US company.

 

2. Breakdown of 4 Main L1 Visa Requirements

 

In order to get an L1 visa, there are 4 main requirements:

 

  • There must be a qualifying relationship between the foreign company and the US company.

 

  • The employee coming to work in the US must have been continuously employed full-time by the foreign company for at least 1 year within the last 3 years before filing the L1 petition.

 

  • The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.

 

  • The employee’s work for the US company must be in a managerial, executive, or specialized knowledge capacity.

 

3. Qualifying Relationship Between the Foreign Company and the US Company

 

The L1 visa is for foreign companies to transfer certain workers to a US company. In order to get an L1 visa, there must be a qualifying relationship between the foreign company and the US company.

 

There are 3 types of relationships that qualify:

 

  • Parent/Subsidiary

 

  • Branch Office

 

  • Affiliate

 

  • For the definitions of branch office, affiliate, and parent/subsidiary, see my guide on the L1 visa.

 

How Long Should the Qualifying Relationship Last?

 

  • A qualifying relationship between a foreign company and the US company must last for as long as the L1 beneficiary stays in the US.

 

  • If the US company has been doing business for longer than 1 year, the US company just needs to maintain a qualifying relationship with any foreign company. The relationship does not need to be with the L1 beneficiary’s foreign company. 

 

  • If the US company has been doing business for less than a year, it is considered a new business and special rules apply. The same foreign company that the L1 beneficiary worked for must continue to operate and must maintain a qualifying relationship with the US company for the duration of the L1 beneficiary’s stay in the US.

4. Continuous Employment with the Foreign Company for 1 Year

 

Another requirement for an L1 visa is that the L1 visa beneficiary must have been continuously employed by the foreign company, full-time, for at least 1 year within the last 3 years prior to filing the L1 petition.

 

5. Employment with the Foreign Company Must be in a Managerial, Executive, or Specialized Knowledge Capacity

 

  • Another requirement for an L1 visa is that the L1 visa beneficiary must have worked for their foreign employer as a manager, executive, or specialized knowledge worker. 

 

  • Check out my guide on the L1 visa to learn more about the specific L1 definitions for managers, executives, and specialized knowledge workers.

 

  • You can also email me and I’ll explain what each position involves.

 

6. The Employee’s Work for the US Company Must be in a Managerial, Executive, or Specialized Knowledge Capacity

 

  • Another requirement to get an L1 visa, is that the L1 visa beneficiary must be coming to the US to work for the US company as a manager, executive, or specialized knowledge worker. 

 

  • The same definitions for managerial, executive, and specialized knowledge capacity apply for this requirement as for the previous requirement.

 

 

Quick Pointers on Managers, Executives, and Specialized Knowledge Workers

 

  • If you plan to work in the US as a manager or executive, USCIS wants to see that you will primarily be working as a manager or executive. In order to prove this, you should show that other workers will be handling the day-to-day operations of the business and that you will be focusing on managerial and executive tasks.

 

  • If you plan to work in the US as a specialized knowledge worker, USCIS wants to see that your knowledge is not commonly held. You should provide evidence of: 1. how long it took for you to acquire your special knowledge; 2. the value your knowledge will bring to the US company; and 3. how your knowledge is not commonly held.

 

7. Special Requirements for New Offices

 

  • New offices are businesses that have been operating for less than 1 year. 

 

  • If the US business that you plan to work for is a new business, there are special rules that apply.

 

If you are coming to the new office to work as a manager or executive:

 

  • You must show that there is a qualifying relationship between the US company and the foreign company that you worked for.

 

  • You must show that the US company has sufficient physical premises to operate.

 

  • You must show that your employment with the foreign company was in a managerial or executive capacity.

 

  • The US company must also support a managerial or executive position within 1 year of your L1 petition approval.

 

 

If you are coming to the new office to work as a specialized knowledge worker:

 

  • You must show that there is a qualifying relationship between the US company and the foreign company that you worked for.

 

  • There must be sufficient physical premises to operate the new office.

 

  • The new office must have the financial ability to pay for the services of the L1 visa beneficiary.

 

  • The foreign company that you worked for must also continue to operate and maintain a qualifying relationship with the US company.

 

Please Note: If you are an owner or major stockholder of the company, you should include evidence that you will be in the US temporarily and that you will be transferred back to your foreign company following the completion of your work for the US company.

 

8. Conclusion

 

The L1 visa is a great option for foreign workers to transfer to a related US company.

 

There are 4 main L1 visa requirements:

 

  • There must be a qualifying relationship between the foreign company and the US company.

 

  • The L1 visa beneficiary must have been continuously employed by the foreign company, full-time, for at least 1 year within the last 3 years prior to filing the L1 petition.

 

  • The L1 visa beneficiary’s employment with the foreign company must be as a manager, executive, or specialized knowledge worker.

 

  • The L1 visa beneficiary’s work for the US company must be as a manager, executive, or specialized knowledge worker.

 

If you have any questions regarding the L1 Visa, or if you need help filing your L1 visa petition, contact me directly via email at contact@ashoorilaw.com. I’d be happy to help you.

 

Ashoori Law is a full-service immigration law firm that helps working professionals get visas to the United States.

 

Resources:

 

 

 

  • Business Immigration: Law and Practice, 2nd Ed. Chapter 11 L1 Visas and Nonimmigrant Status

 

Share this post...

Posted in , ,
Search
REQUEST A CONSULTATION
Ashoori Law
Based on 979 reviews
See all reviews
Elvis R.
After approaching multiple lawyers, I came across Ashoori law. Michael and his team were very professional, helpful and understanding. We went through a less painstaking, systematic approach. Even though we were miles apart we got our work done through Ashoori law. Will definitely recommend this place and will go here for all our further immigration and other lawful needs. Thank you Michael and team. Was a pleasure dealing with you.
Tolulope E.
Worked with Andres Soto of Ashoori and he was excellent in understanding my needs, understanding the relevant laws and guidelines and providing guidance on how best to achieve my goals. I recommend both Andres Soto and the firm Ashoori Law to all
Ramchandra V.
I had an excellent experience working with Ashoori Law on my E-3 visa renewal. The entire process was handled very efficiently and on time. The application package was prepared professionally and thoroughly, with great attention to detail. What really stood out was how clearly the lawyer explained the entire E-3 renewal process, walking me through each step and setting expectations upfront. I always felt informed and confident throughout. I highly recommend their services to anyone looking for a knowledgeable and reliable immigration attorney for E-3 visas.
malek Y.
⭐️⭐️⭐️⭐️⭐️
I had an excellent experience working with Audrie Watson. She was extremely helpful, professional, and supportive throughout my entire case. She consistently followed up with me, responded quickly, and communicated with great kindness and patience.

What I truly appreciated most is that Audrie was available and responsive even outside regular working hours, never showing any frustration, and always willing to help. Her dedication and genuine care made a stressful process much easier for me.

I highly recommend Audrie Watson to anyone looking for reliable, responsive, and professional assistance. Thank you so much for all your support.
bintee D.
The free consultation itself, provided by Maya Brown, my client manager, was extremely helpful. I’ll update once I’ve had a follow up with the immigration attorney too.
Nalinipriya U.
Antanio provided great assistance and support throughout our discussions. He was knowledgeable, patient, and took the time to clearly explain options and next steps. His guidance was thoughtful and helpful, making the entire process much easier to understand. I truly appreciate his professionalism and responsiveness. Highly recommend working with him.
Gustavo C.
I am not there yet to sign the contract with Ashoori Law, but not because of them....
In the meantime, I want to recognize ANDRES SOTO for doing an outstanding job. He was not only thorough in explaining the process and costs, but also went above and beyond to help us understand what to expect, including potential challenges and benefits. He truly went the extra mile in every conversation.
If I sign with Ashoori, its because of the Andres support at this stage of the process.
I will update this review once we start the process.
rahin E.
We had a great experience with Ashoori Law for E-2 visa.
The team is professional, knowledgeable, and very responsive throughout the entire process. They explained everything clearly and made the process smooth.
Highly recommend Ashoori Law for anyone applying for an E-2 visa.
5 star
Prinz N.
Ashoori Law made the process easy for me. They guided me through the process and made sure I had a strong case before submitting my petition. They were also patient with me while I was submitting the required documents. I’ll definitely have them handle all my immigration matters moving forward. I highly recommend them for any immigration legal help.
REQUEST A CONSULTATION
Michael Ashoori Headshot

Michael Ashoori, Esq.

President of Ashoori Law

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped thousands of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.

REQUEST A CONSULTATION