L-1 is an employment-based, temporary, non-immigrant visa for employees of multinational companies. It allows international companies to transfer foreign employees in a managerial or executive position, or employees with specialized knowledge, to the U.S. L-1 employees can continue to work for the same company, its parent, branch, subsidiary or affiliate in the U.S.

 

Requirements for L-1A Work Visas

 

A multinational company structure must include at least one U.S. entity and one foreign entity, where the U.S. entity may be a parent company, branch, subsidiary, or affiliate.

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• For petitioners planning to establish a new office in the U.S., it is required to have a reasonable startup investment fund, secure a physical office space, and develop a viable business plan. Additionally, we recommend hiring at least 1-2 employees before filing the petition.

• Eligibility of the L-1A Beneficiary: The beneficiary must have been employed at an executive or managerial level with the foreign company for at least one year within the preceding three years.

• Requirements: The beneficiary will be transferred to the U.S. company in an executive or managerial capacity. Criteria for determining such a position include:

  • Senior Leadership: The beneficiary should oversee department managers, each managing their own team.

  • Middle-Level Leadership: The beneficiary should lead a group of 3-5 or more professionals, all of whom must possess at least a bachelor's degree.

  • Functional Leadership: The beneficiary should head a critical department such as legal, finance, etc.

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Benefits of L-1A Visas

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• Flexibility in Residency: L-1A visa holders are not required to maintain continuous residence in the United States. This allows for flexibility in managing business operations both in the U.S. and abroad.

• Duration and Extensions: The total L-1A status can extend up to 7 years. Time spent outside the U.S. does not count against this limit and can be reclaimed in an extension petition, maximizing the allowed duration.

• Employment for Spouse: The spouse of an L-1A visa holder is eligible to obtain a work permit, enabling them to work anywhere in the U.S. without restriction.

• Pathway to Permanent Residency: L-1A holders may apply for a Green Card through the EB-1C immigrant category, which is designated for multinational executives and managers. This category often has no waiting list, facilitating a quicker path to permanent residency.​

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Requirements for L-1B Work Visas

 

A multinational company structure must include at least one U.S. entity and one foreign entity, similar to the L-1A structure. The U.S. entity may be a parent, branch, subsidiary, or affiliate.

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• For petitioners planning to establish a new U.S. office: As with L-1A, it is recommended to demonstrate a reasonable startup investment, secure a physical office location, and provide a viable business plan. While employee hiring is not strictly required, showing future staffing projections helps support the petition.

• Eligibility of the L-1B Beneficiary: The beneficiary must have worked full-time for the foreign entity for at least one continuous year within the three years preceding the petition, and in a position involving specialized knowledge.

• Requirements: The beneficiary will be transferred to the U.S. company to work in a role that requires specialized knowledge. Criteria for determining such a role include:

  • Proprietary Knowledge: The beneficiary must possess advanced understanding of the company’s specific products, processes, systems, or services.

  • Skill Uniqueness: The knowledge must not be commonly held in the U.S. labor market and must be essential to the U.S. operation.

  • Limited Availability: The skills or knowledge must be difficult to impart to others without substantial training and time.