L-1 Visa Requirements, Qualifications, and Benefits
The L-1 visa is a nonimmigrant visa option that allows certain employees of qualifying foreign companies to transfer to a related U.S. entity.
The L-1 visa allows qualifying foreign companies to transfer certain employees (managers, executives, or specialized knowledge workers) to a related U.S. branch, parent, subsidiary, or affiliate.
What is the L1 Visa?
The L-1 Visa is a non-immigrant visa which allows foreign companies to transfer a manager, executive, or person with specialized knowledge to a U.S. company, as long as the L-1 visa requirements are satisfied. The U.S. company must be a branch office, parent, subsidiary, or affiliate of the foreign company.
The employee that is transferred must work for the U.S. company as a manager, executive, or person with specialized knowledge to satisfy the L-1 visa requirements. If the employee will work as a manager or an executive, the visa is specifically called an L1A visa.
If the employee will work as a person with specialized knowledge, the visa is specifically called an L1B visa, and the position must meet the L-1 visa requirements.
| Topic | L-1A | L-1B |
|---|---|---|
| Who it is for | Managers and executives | Specialized knowledge workers |
| U.S. role required | Managerial or executive capacity | Specialized knowledge capacity |
| Initial stay | Typically 3 years | Typically 3 years |
| Maximum stay | Up to 7 years | Up to 5 years |
| Green card discussion on this page | May align with EB1C in some cases | Often discussed with PERM-based options |
The L-1 classification is employer-petitioned. The U.S. employer must file the petition on the employee’s behalf; self-petitions are not permitted. The U.S. company must file the petition on the employees behalf. Therefore, the U.S. company is considered the petitioner, and the L-1 visa recipient, is considered the beneficiary.
The L-1 visa allows you to live and work in the United States for extended periods of time and also provides immigration benefits for your spouse and children, assuming the L-1 visa requirements are maintained.
Summary:
- The L-1 visa (visa l1) is a non-immigrant visa that allows foreign companies to send certain employees to a related U.S. company.
- The U.S. company must be a parent/subsidiary, branch office, or affiliate of the foreign company.
- If the employee will work for the U.S. company as a manager or executive this is classified as an L1A visa.
- If the employee will work for the U.S. company as a specialized knowledge worker this is classified as an L1B visa.
- The U.S. company that the employee will work for must file the petition on behalf of the L1 visa worker. The U.S. company is the petitioner, and the L-1 worker is the beneficiary.
What are the Benefits of an L1 Visa?
L-1 Visa Benefits at a Glance
- Live and work in the United States for a qualifying U.S. company
- Potential for an extended period of stay
- Dual-intent visa classification
- No set wage requirement under the L-1 category itself
- Immigration benefits for a spouse and unmarried children under 21
- Eligibility for premium processing
- No annual cap on the number of L-1 visas issued
i. Ability to Live and Work in the U.S.
With an L-1 visa, you are authorized to live in the United States and to work for your L-1 employer, which is one of the key benefits of the L1 visa for multinational companies and transferred executives.
ii. Extended Period of Stay
The L1A visa for managers and executives is initially valid for a period of 3 years and can be extended for a total of 7 years if the L1 visa requirements continue to be met.
The L1B visa for people with specialized knowledge is initially valid for a period of 3 years and can be extended for a total of 5 years.
What Is the Maximum Stay on an L1 Visa?
L1A status allows a maximum stay of up to 7 years (initially 1–3 years, with extensions). L1B status allows up to 5 years (initially 1–3 years, with extensions).
iii. Dual Intent Visa
Many non-immigrant visas, such as the B1/B2 visitor visa, require that you have non-immigrant intent. This means that you must intend to return to your home country and that you do not intend to immigrate to the United States.
The L-1 classification allows dual intent, meaning you may pursue permanent residence without violating nonimmigrant status.
iv. No Set Wage Requirements
The L-1 visa does not require that the U.S. company pay you a certain wage.
Some visa categories require that you get paid a wage commensurate with your position and job title. The L-1 does not have this requirement.
Your U.S. employer will still have to comply with state and federal minimum wage laws.
v. Immigration Benefits for Your Family
By getting approved for an L-1 visa, your spouse and unmarried children under 21 years old are eligible to accompany you in the United States under the L-1 visa requirements.
Your spouse and unmarried children would obtain L2 status as your dependents.
Your spouse is generally employment-authorized incident to L-2 status and may apply for an EAD if preferred for formal documentation.
Your children can attend U.S. schools and get a U.S. education.
Family Benefit
An approved L-1 principal may bring a spouse and unmarried children under 21 in L-2 status. The spouse may work in the United States, and children may attend school in the United States.
vi. L1 Visa is Eligible for Premium Processing
The L-1 visa is eligible for premium processing.
Premium processing is a service provided by USCIS that expedites certain petitions for an additional fee. If premium processing is requested and available, USCIS generally takes action (approval, RFE, NOID, or denial) within the applicable premium-processing timeframe.
vii. No Annual Limit to the Number of L1 Visas Issued
There is no limit on the number of L-1 visas that can be issued.
Is the L1A Visa Better Than the H-1B?
L-1 visas offer several advantages over H-1B visas: there is no annual cap and prevailing wage requirement, and they allow intra-company transfers without needing a bachelor’s degree.
However, H-1B visas may offer more flexibility to change employers and broader job eligibility for specialty occupations.
Which is better depends on your goals, as the L1A restricts you to the sponsoring employer, while the H-1B has a 6-year limit.
What Are the Restrictions on an L1 Visa?
You can only work for the U.S. employer who sponsors your L-1 petition. You cannot change employers freely, like with an H-1B visa. You must also maintain the qualifying relationship between the foreign and U.S. companies during your stay.
What are the L1 Visa Requirements?
In order to get an L-1 visa, there are 4 main requirements:
| Requirement | What the page says |
|---|---|
| Qualifying relationship | There must be a qualifying relationship between the foreign company and the U.S. company. |
| Qualifying prior employment | The employee coming to work in the U.S. must have been continuously employed full-time by the foreign company for at least 1 year within the past three years before filing the L1 petition. |
| Foreign role | The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity. |
| U.S. role | The employee’s work for the U.S. company must be in a managerial, executive, or specialized knowledge capacity. |
- There must be a qualifying relationship between the foreign company and the U.S. company.
- The employee coming to work in the U.S. must have been continuously employed full-time by the foreign company for at least 1 year within the past three 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 U.S. company must be in a managerial, executive, or specialized knowledge capacity.
Who Qualifies for an L1A Visa?
To qualify for an L1A visa, you must have worked full-time for a qualifying foreign company in a managerial or executive role for at least one continuous year within the past three years and must be applying for a managerial or executive position with a related U.S. company.
Primary duties must involve managing an organization, department, or supervised staff, or directing major company functions with significant decision-making authority.
i. There must be a qualifying relationship between the foreign company and the U.S. company.
The L-1 visa is for foreign companies to transfer certain workers to a U.S. company. In order to get an L-1 visa, there must be a qualifying relationship between the foreign company and the U.S. company, which is one of the key L-1 visa requirements.
There are 3 types of relationships that qualify:
- Parent/Subsidiary
- Branch Office
- Affiliate
| Qualifying Relationship Types | Description |
|---|---|
| Parent / Subsidiary | One company owns or controls the other under one of the qualifying ownership/control structures described below. |
| Branch Office | The U.S. operation is the same company as the foreign company, operating in a different location. |
| Affiliate | The companies are owned and controlled by the same parent, person, or group in the qualifying proportions described below. |
Parent/Subsidiary
There are 3 types of relationships that qualify as a parent/subsidiary relationship:
- One of the companies owns more than half of the other company
- One of the companies is a 50% partner of the other company, which is a joint venture. In this situation, the parent company must have equal control and veto power over the subsidiary company.
- One of the companies owns less than half of the other company but has control over it.
Branch Office
A branch office is the same company as that parent company, but is operating in a different location.
To qualify for L-1, the branch office must be registered as a foreign corporation operating in the U.S.
Affiliate
There are 3 types of relationships that qualify as an affiliate relationship:
- Two companies that are both owned and controlled by the same parent company or person.
- Two companies that are owned and controlled by the same group of people. Each person must own and control roughly the same proportion of each company.
- Some multinational corporations or accounting firms.
Duration of the Qualifying Relationship
There must be a qualifying relationship between the U.S. company and a foreign company throughout the entire duration of your stay.
For existing U.S. business L-1: the qualifying relationship does not have to be between the U.S. company and the same foreign employer that you worked for; any qualifying relationship with a foreign company should suffice.
For new business L-1: if the U.S. business is considered a “new office” (discussed below), the foreign company you worked for must continue to operate and maintain a qualifying relationship with the U.S. company.
ii. The employee must have been continuously employed full-time abroad by the foreign company for at least 1 year within the past 3 years before filing the L1 petition.
To qualify for an L-1 visa, you must have been continuously employed by the foreign company, full-time, for at least one continuous year within the past three years prior to filing your L1 application, in order to meet the L-1 visa requirements.
Periods spent in the United States in lawful status for a U.S. branch of the same employer or a parent, affiliate, or subsidiary and brief trips to the United States for business or pleasure will not interrupt the one year of continuous employment abroad but those periods will not count toward the year of qualifying employment.
The entire year of qualifying employment should be satisfied by the time the L-1 application is filed.
The qualifying employment abroad must have been full-time. There is one exception to the full-time requirement in certain circumstances where you worked for multiple qualifying affiliated companies.
iii. The employment with the foreign company must have been in a managerial, executive, or specialized knowledge capacity.
To qualify for an L-1 visa, you must have worked for the foreign company in a managerial, executive, or specialized knowledge capacity.
Managerial Capacity
Managerial Capacity means that you primarily:
- Manage the organization, or a department, subdivision, function, or component of the organization;
- Supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization;
- Have authority to hire and fire or recommend those types of personnel actions for employees directly supervised. If no employees are directly supervised, you may qualify at a senior level within the organizational hierarchy or with respect to the function managed;
- And, you exercise discretion over the day-to-day operations of the activity or function that you have authority over. A first-line supervisor is not considered a manager just by virtue of their supervisory duties unless the employees supervised are professional. [Code of Federal Regulations Section 214.2(l)]
Executive Capacity
Executive Capacity means that you primarily:
- Direct the management of the organization or a major component or function of the organization;
- Establish the goals and policies of the organization, component, or function;
- Exercise wide latitude in discretionary decision-making;
- And, receive only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization. [Code of Federal Regulations Section 214.2(l)]
Specialized Knowledge
Specialized knowledge is “special knowledge of the company product and its application in international markets” or “an advanced level of knowledge of processes and procedures of the company” [INA Section 214(c)(2)(B)]
What is special knowledge of the company product and its application in international markets?:
- Specialized knowledge means distinct or uncommon knowledge compared to what is typically found in the industry.
What is an advanced level of knowledge of processes and procedures of the company?:
- This means "knowledge or expertise in the company’s specific processes and procedures that is not commonly found in the industry and is greatly advanced in progress, complexity, and understanding compared to that generally found within the company." [Business Immigration: Law and Practice, 2nd Ed., Chapter 11 L-1 Visas and Nonimmigrant Status]
| Capacity | Description |
|---|---|
| Managerial | Managing the organization, department, subdivision, function, or component; supervising qualifying personnel or managing an essential function; exercising discretion over day-to-day operations |
| Executive | Directing management of the organization or a major component or function; establishing goals and policies; exercising wide latitude in decision-making |
| Specialized Knowledge | Special knowledge of the company product and its application in international markets, or an advanced level of knowledge of the company’s processes and procedures |
iv. The employee’s work for the U.S. company must be in a managerial, executive, or specialized knowledge capacity.
To qualify for an L-1 visa, you must be coming to the U.S. to work for the U.S. company in a managerial, executive, or specialized knowledge capacity, consistent with the L1 visa requirements.
The same definitions for managerial, executive, and specialized knowledge capacity apply for this requirement (see above).
Who is Eligible for an L1 Visa?
To qualify for an L-1 visa, a foreign worker must have been employed full-time for at least one continuous year in the past three years by a qualifying foreign company and be coming to the U.S. to work in a managerial, executive, or specialized knowledge role for a related U.S. company.
Common Issues Regarding Managers, Executives, and Specialized Knowledge Workers
Managers and Executives
If you will be working for the U.S. company as a manager or executive, your specific visa classification is L1A.
For managers and executives, USCIS is mainly analyzing whether you will primarily be engaged in the managerial or executive function.
The more your position is focused on the day-to-day operations of the business instead of the management of those operations the less likely it is that your position will qualify as a manager or executive.
Common Issue
If the proposed U.S. role appears too focused on day-to-day operations rather than managing those operations, USCIS is less likely to view the role as managerial or executive.
If the U.S. company is small and with only has a few employees, there is a strong chance that USCIS will presume that you will primarily be focusing on the day-to-day operations of the business and that your business does not support a managerial or executive position. This is one of the biggest reasons L-1 petitions get denied.
In order to overcome a denial, you should provide substantial evidence including an organizational chart of the U.S. company and a detailed breakdown of all the functions you will perform for the US company along with percentages of time you will spend on each.
Helpful Evidence for a Manager/Executive Case
- Organizational chart for the U.S. company
- Detailed breakdown of job duties
- Percentage of time allocated to each function
Specialized Knowledge Workers
If you will be working for the U.S. company as a specialized knowledge worker, your specific visa classification is L1B.
To satisfy the specialized knowledge category, you must show that the knowledge you have is not commonly held.
To overcome a finding that your knowledge is not specialized, you should provide evidence such as the years of experience developing the knowledge, evidence of how your knowledge has benefited the foreign company, and other evidence of the complexity and sophistication of the knowledge you possess.
Switching from L1A to L1B
You are not required to work in the same capacity for the U.S. company as you did for the foreign company.
If you worked for the foreign company as a specialized knowledge worker, you can come to the U.S. company to work as a manager or executive.
If you worked for the foreign company as a manager or executive, you can come to the U.S. company to work as a specialized knowledge worker.
Regardless of the position you will be working in for the U.S. company, to give yourself a better chance at approval, you should show how the knowledge you gained in your capacity with the foreign company will be applied to your position with the U.S. company.
Special Rules for L1 New Office Petitions
If the US business that you will be working for has been “doing business" for less than one year, it is considered a new office, and special rules apply to get an L-1 visa.
| Factor | Existing Office L-1 | New Office L-1 |
|---|---|---|
| U.S. business age | Doing business for 1 year or more | Doing business for less than 1 year |
| Scrutiny level | Standard L-1 review | More strictly scrutinized |
| Office premises | Not highlighted here as a special rule | Must show sufficient physical premises |
| Business plan | Not specifically highlighted here | Page recommends including a business plan |
| Initial validity | Typically 1 to 3 years depending on case type | Initial 1-year period |
What is a New Office?
A new office is a company that has been doing business in the U.S. through a parent, branch, affiliate, or subsidiary for less than one year.
Doing business means the “regular, systematic, and continuous provision of goods and/or services.” [Code of Federal Regulations Section 214.2(l)]
The mere presence of an office in the U.S. does not qualify as “doing business” it must actually be conducting business activities.
New Office Petitions are More Strictly Scrutinized
L-1 petitions for new offices are more strictly scrutinized.
In order to give yourself the best chance of approval, you should include a business plan with your L-1 petition.
Here are some of the factors that USCIS looks for with a new office L-1 application:
- Amount of investment
- Intended personnel structure
- Physical premises for the business
- Sustainability of the foreign company
Special Rules for New Office L1A Managers and Executives
If you will be working for a new office in the U.S. as a manager or executive:
- There must be a qualifying relationship between the foreign company and the U.S. company.
- You must demonstrate that sufficient physical premises have been obtained to house the new office.
- You must demonstrate that you have 1 year of continuous full-time employment with the foreign company as either a manager or executive (not specialized knowledge).
- Unlike with existing offices, if you intend to work as a manager or executive for the U.S. company, your previous experience must have been as a manager or executive.
- You must also demonstrate that the U.S. company will support a managerial or executive position within 1 year of approval of your L-1 petition.
- Unlike with existing offices, USCIS acknowledges that as a manager or executive for a new office, you are more likely to engage in the day-to-day operations of the business.
- Rather than requiring that you primarily engage in managerial/executive tasks immediately, USCIS gives a period of 1 year for you to show that the U.S. company will support a managerial position.
- You can demonstrate that the U.S. company will support a managerial position through various forms of evidence including: a business plan that will discuss the projections of the new office; information regarding the nature of the office describing the scope of the business, its organizational structure, and its financial goals; the size of the investment in the U.S. business and the financial ability of the foreign company to pay for your services and to begin operations in the U.S. and the organizational structure of the foreign company.
- Unlike with existing offices, the initial status granted for a new office L-1 is 1 year.
- Before the expiration of the first year, to remain in valid L-1 status, you are required to file an extension. In order for your extension to get approved, you must demonstrate that the U.S. company now supports a managerial position.
- The foreign company that you worked for must continue to operate and must maintain a qualifying relationship with the U.S. company.
Special Rules for New Office L1B Specialized Knowledge Workers
If you will be working for a new office in the U.S. as a specialized knowledge worker:
- There must be a qualifying relationship between the foreign company and the U.S. company.
- You must show that sufficient physical premises have been obtained to house the new office.
- You must show that the new office has the financial ability to pay for your services and to begin operations in the U.S.
- For L1B new office petitions, it is also helpful to include evidence that the foreign company will continue to operate.
- The foreign company that you worked for must continue to operate and must maintain a qualifying relationship with the U.S. company.
- In addition to the other requirements to get an L-1 visa, specified above.
Important Note:
- There must be a qualifying relationship between the foreign company and the U.S. company.
- You must show that sufficient physical premises have been obtained to house the new office.
- You must show that the new office has the financial ability to pay for your services and to begin operations in the U.S.
- For L1B new office petitions, it is also helpful to include evidence that the foreign company will continue to operate.
- The foreign company that you worked for must continue to operate and must maintain a qualifying relationship with the U.S. company.
- In addition to the other requirements to get an L1 visa, specified above. [Code of Federal Regulations Section 214.2(l)]
| Topic | New Office L-1A | New Office L-1B |
|---|---|---|
| Qualifying relationship required | Yes | Yes |
| Sufficient physical premises required | Yes | Yes |
| Financial ability to begin operations | Discussed through supporting evidence and business viability | Yes |
| Prior foreign employment requirement highlighted | Prior role must have been manager or executive | Must still satisfy general L-1 requirements |
| Foreign company must continue to operate | Yes | Yes |
| Initial period | 1 year | Covered on page as part of new office framework |
What Documents are Needed to Apply for an L1 Visa?
The evidence that you submit with your L1 petition is extremely important to getting your visa approved because it must clearly prove you meet the L1 visa requirements.
The specific documents you need to submit will depend on your particular case. Your immigration lawyer can help you determine exactly which documents you will need to provide, based on your particular case.
Email me directly at contact@ashoorilaw.com, and I can guide you through the L1 process from start to finish.
With that disclaimer, here is a general list of some of the documents you should expect to provide to your immigration lawyer:
General Documents You Should Expect to Provide to Your Immigration Lawyer
- Passport copies for you and your family
- Resume or CV
- Detailed description of your proposed U.S. position
- Detailed description of your position with the foreign company
- General information about the U.S. company and the foreign company
How to Apply for an L1 Visa
Here’s a simplified breakdown of the process of getting an L1 Visa:
L-1 Process Overview
- Hire an immigration lawyer
- Gather supporting documents
- File Form I-129 and the L Supplement
- Apply for the L-1 visa, if consular processing is required
Step 1 - Hire an Immigration Lawyer
The L1 visa is an extremely complex visa category that requires experience, careful preparation, and strategy.
Your immigration lawyer will walk you through the process step-by-step, conduct and in-depth consultation with you, and provide you with a detailed list of the documents they need to prepare your L-1 petition.
Step 2 - Document Gathering
At this stage, you will gather all the necessary documentation identified by your immigration lawyer, including a detailed description of your proposed job for the U.S. company, evidence of your employment with the foreign company, and other pertinent evidence.
Step 3 - File Form I-129 and L Supplement
The Form I-129 is the Petition for a Nonimmigrant Worker.
This is the Form your immigration lawyer will file to qualify you for an L1 visa.
Your immigration lawyer will also file the L-supplement along with the I-129.
Important
The L-1 cannot be self-petitioned. The U.S. employer is the petitioner, and the L-1 worker is the beneficiary.
All of the supporting documents, such as your evidence of employment with the foreign company, CV, etc. will also be included with the I-129
Once your I-129 is approved, you are eligible to apply for an L1 visa.
If you are doing a Change of Status, your steps are complete upon I-129 approval.
Step 4 - Apply for L1 Visa
If you are not doing a Change of Status, then you will likely be applying for your L1 visa at the Consulate of your home country.
Upon approval of your I-129, you are eligible to apply for your L1 visa.
Your immigration lawyer can assist you with scheduling an interview at the Consulate and preparing the necessary documents.
Important
Canadian citizens are generally visa-exempt for L-1 entry. Depending on the case type, the employer may file with USCIS first (and the employee presents the approval at entry), or the employee may apply at a port of entry under the L-1 blanket process if the employer has an approved blanket.
How Long Does an L1 Visa Take?
Standard L-1 processing times vary depending on USCIS and consular workloads. Premium processing is available for an additional USCIS fee and generally provides action within the applicable premium-processing timeframe.
What Are the Fees for an L1 Visa?
L-1 filing fees include the applicable Form I-129 filing fee, the fraud prevention and detection fee, any other required USCIS fees, optional premium processing for an additional USCIS fee, and consular visa fees if applying abroad. Because filing fees can change and may vary by petitioner, the current USCIS Fee Schedule should be checked before filing.
L1 Extensions
| Classification | Initial period described on page | Extension framework described on page | Maximum stay described on page |
|---|---|---|---|
| L-1A | 3 years | Two 2-year extensions | 7 years |
| L-1B | 3 years | Two 2-year extensions | 5 years |
| New office L-1 | 1 year | Extension required before first year expires | Depends on underlying L-1A or L-1B category |
L1A Extensions
The L1A for managers and executives is initially issued for a period of 3 years.
L1A status can be extended in up to two-year increments, up to a maximum of 7 years total.
L1A status allows a maximum stay of up to 7 years (initially 1–3 years, with extensions).
L1B Extensions
The L1B for specialized knowledge workers is initially issued for a period of 3 years.
The L1B is eligible to be extended two separate times for a period of 2 years on each extension.
You can stay in the U.S. for a total of 5 years through L1B
New Office L1 Extensions
A new office L1 visa is given an initial period of 1 year.
For L1A managers and executives, you are eligible to extend the L1 visa by showing that the US company supports a managerial/ executive position. To meet this requirement, the US company should have adequate staff to handle the day-to-day operations of the business.
Differences Between New Office Extensions and Existing Office Extensions
| New Office L-1 | Existing Office L-1 |
|---|---|
| The specific foreign company the beneficiary worked for must remain open and operational. | The specific foreign company the beneficiary worked for does not have to remain open, as long as there is still a qualifying foreign company related to the U.S. company during the L-1 stay. |
How Long is the L1 Visa Valid For?
L1A visas for managers/executives are valid for up to 7 years (initially 1–3 years, with extensions). L1B visas for specialized knowledge workers are valid for up to 5 years (initially 1–3 years, with extensions). New office L1s start with an initial 1-year validity.
L-1 Blanket Petition
What is the L-1 Blanket Petition?
The L-1 Blanket Petition certification is for employers who frequently rely on the L1 visa to transfer foreign workers.
By getting L-1 Blanket Petition approval, qualifying employees may apply under the blanket process without first obtaining an individually approved Form I-129; however, each employee must still independently qualify, and L1B blanket cases are limited to specialized knowledge professionals. This streamlines the transfer process for large companies with frequent intra-company transfers.
Who Qualifies for an L-1 Blanket Petition?
| L-1 Blanket Requirement | Requirements |
|---|---|
| Type of business activity | The organization and qualifying entities must be engaged in commercial trade or services |
| U.S. office duration | The U.S. company must have been doing business for at least 1 year |
| Size of organization | Must have 3 or more domestic and foreign branches, subsidiaries, or affiliates |
| One additional threshold | At least 10 approved L-1 petitions in the last year, or combined annual sales of at least $25 million, or a U.S. workforce of at least 1,000 employees |
In order to qualify for L1 blanket certification:
- The U.S. company and all parents, subsidiaries, and other qualifying organizations must be engaged in commercial trade or services;
- The U.S. company must have an office in the US that has been doing business for one year or more;
- The U.S. company must have 3 or more domestic and foreign branch, subsidiaries, or affiliates;
- And the U.S. company and all other qualifying organizations must: 1. have obtained approval of petitions for at least 10 L-1 workers within the last year; or 2. have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or 3. have a U.S. workforce of at least 1,000 employees. [Code of Federal Regulations Section 214.2(l)]
How to go from an L1 Visa to Green Card
Can an L1 Visa Lead to a Green Card?
Yes, the L1 visa to green card path exists because the L1 visa is a dual-intent visa, which means you can apply for a green card while in the U.S. Common paths include the EB1C green card for multinational managers/executives or employer sponsorship through PERM-based green card options.
The L1 visa is a non-immigrant visa category. This means that the L1 visa is temporary and does not directly lead to a green card.
In order to go from an L1 visa to a green card, you will have to either apply for an adjustment of status, or apply for an immigrant visa abroad.
Adjustment of Status
An adjustment of status is when you go from non-immigrant status to immigrant status.
In order to do an adjustment of status, you must generally be lawfully present in the United States and otherwise eligible to adjust status.
The entire adjustment of status process is done within the United States and you are not required to go abroad.
Apply for Immigrant Visa
Alternatively, you can choose to apply for an immigrant visa abroad.
This process is referred to as Consular Processing, Visa Processing, or Immigrant Visa Processing.
Regardless of which route you choose, you will have to apply for and qualify for an immigrant classification. Here are some potential options:
| Option | Brief Description |
|---|---|
| EB1C | For multinational managers and executives |
| Work sponsorship | Employer-sponsored green card process through labor certification |
| EB5 | Investment-based immigrant visa |
| Marriage | Marriage to a U.S. citizen or lawful permanent resident may provide a path to a green card |
EB1C
The EB1C visa is an immigrant visa classification for multinational managers and executives.
The EB1C visa is very similar to the L1A visa.
EB1C Requirements:
In order to qualify for an EB1C green card, you must show that:
- You were employed by a foreign company for 1 year within the last 3 years immediately prior to applying for the EB1C.
- You must have worked for the foreign company as either a manager or executive.
- You must be seeking the EB1C classification to work for a U.S. employer that is a branch, affiliate, or subsidiary of the foreign company.
- Your position with the U.S. company must be as a manager or executive.
- The U.S. company must have been doing business for at least 1 year.
- The U.S. employer must be the same or a related entity to the foreign company you worked for.
Work Sponsorship
Another option is that your employer can sponsor you for a green card through a job offer.
In order to do this your employer will have to apply for and get approved for a Labor Certification.
The Labor Certification certifies that your employer attempted to and was unable to find a qualified U.S. worker for the position they are offering you.
EB5
The EB5 visa is an investment-based immigrant visa.
To qualify for an EB5 visa, you must invest a minimum of $1,050,000 (or $800,000 in certain economically depressed areas) in a U.S. business.
You must also create a minimum of 10 full-time jobs for U.S. workers among other requirements.
Marriage
Entering into a legitimate, bona-fide, marriage with a U.S. citizen or lawful permanent resident can also enable you to apply for a green card.
L1B Visa to Green Card
While L1B visa holders may not qualify for the EB1C green card category, they can pursue permanent residency through PERM-based EB2 or EB3 categories, which often require advanced degrees or significant work experience. This involves employer sponsorship and an approved labor certification.
Is the L1A to Green Card Faster?
Yes, the L1A visa can lead to a faster green card through the EB1C category, which does not require PERM labor certification, unlike EB2 or EB3 processes that may take 2–5+ years due to backlogs.
How Long Does It Take for L1A to Get a Green Card?
EB1C timing varies based on USCIS processing times, visa availability, and whether the case proceeds through adjustment of status or consular processing. Premium processing may be available for the Form I-140, but overall green card timing still varies.
Common FAQs
This section addresses common questions about the L1 visa to help you better understand the process:
- Who Qualifies for an L1A Visa?
To qualify for an L1A visa, you must have worked full-time for a qualifying foreign company in a managerial or executive role for at least one continuous year within the past three years and must be applying for a managerial or executive position with a related U.S. company.
Primary duties must involve managing an organization, department, or supervised staff, or directing major company functions with significant decision-making authority.
See Section 3 - Is the L1A Visa Better Than the H-1B?
L1A visas offer no annual cap, no prevailing wage requirement, and intra-company transfers without needing a bachelor’s degree. However, H-1B visas provide more flexibility to change employers and broader eligibility for specialty occupations. The L1A restricts you to the sponsoring employer, while the H-1B has a 6-year limit. See Section 2
- What Is the Maximum Stay on an L1 Visa?
L1A visas allow a maximum stay of 7 years (initially 1–3 years, with two 2-year extensions). L1B visas allow 5 years (initially 1–3 years, with two 2-year extensions). See Section 2
- How Long Does an L1 Visa Take?
Standard L1 processing times vary depending on USCIS and embassy workloads. Premium processing is available for an additional USCIS fee and generally provides action within the applicable premium-processing timeframe. See Section 7
- Is the L1A to Green Card Faster?
Yes, the L1A visa can lead to a faster green card through the EB1C category, which does not require PERM labor certification, unlike EB2 or EB3 processes that may take 2–5+ years due to backlogs. See Section 10
- How Long Does It Take for L1A to Get a Green Card?
EB1C timing varies based on USCIS processing times, visa availability, and whether the case proceeds through adjustment of status or consular processing. Premium processing may be available for the Form I-140, but overall green card timing still varies. See Section 10
For more detailed information, explore our related guides on H1B Visas or EB-5 Investment Visas.
Conclusion
Quick Recap
You should now have a much better understanding of:
- What the L1 Visa is
- Main L-1 benefits
- Core eligibility requirements
- Common issues in manager, executive, and specialized knowledge cases
- New office rules
- Required documents
- Application steps
- Extensions
- Blanket L-1 certification
- Green card options from L-1 status
The L1 visa is a powerful option for people to transfer from a foreign company to a related U.S. company, and understanding what L1 visa means can help you choose the right path.
With an L1 visa, you can live and work in the United States for extended periods of time.
You may also be able to convert your L1 visa to a green card through the EB1C classification.
Resources:
- Code of Federal Regulations Section 214.2(l)
- Business Immigration: Law and Practice, 2nd Ed. Chapter 11 L1 Visas and Nonimmigrant Status
- INA Section 214(c)(2)(B)
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.