L-1 Nonimmigrant Visa Classification Background Information

L-1 Visa Requirements:

L-1 nonimmigrant visa classification is designed for intracompany transfers. This visa category allows multinational companies to transfer employees between their foreign and U.S. offices. The L-1 visa has two subcategories: L-1A for managers and executives, and L-1B for employees who possess specialized knowledge. Both categories share the same basic requirements. To qualify:

The foreign national must have been employed abroad by a qualifying organization in either a “managerial/executive” or “specialized knowledge” role for at least one full year during the three years immediately preceding the transfer.
The foreign national’s prospective position in the United States must also be “executive/managerial” or require “specialized knowledge.”

The U.S. and foreign company must possess a qualifying relationship, such as parent and subsidiary, affiliates, or branches. L-1 classification is also available for a foreign company that wishes to open or send an employee to work at a new office in the U.S. The U.S. employer must be “doing business” in the U.S., which refers to the regular, systematic, and continuous provision of goods and/or services.

The Benefits of an L-1A or L-1B Visa:

There is no yearly numerical limitation to the number of foreign nationals who can receive L-1 visas or status, meaning that an employer can petition for as many employees as necessary at any time of the year.
No labor certification or application is required to submit an L-1 petition.
Premium processing is available for petitions filed with the United States Citizenship and Immigration Services (USCIS), ensuring a response from USCIS within fifteen (15) business days.
The L-1 employee’s immediate family members can receive dependent visas:
- Spouses are eligible for L-2S visas that are automatically employment authorized in the U.S.; and
- Unmarried children under 21 are eligible for L-2 visas that allow them to live and study in the U.S.
L-1 visas are “dual intent,” which means that a foreign national can come to the U.S. with the intent to apply for a green card and permanent residence in the future.
There are no employee education requirements with one exception: Employees applying for an L-1B visa under a company’s approved Blanket L petition must possess at least a bachelor’s degree or equivalent experience.
Since the qualifying employment only needs to be one year within the past three, the employer can choose to hire former employees.

Blanket L Approval

Companies seeking a faster and less expensive method of transferring eligible employees to the U.S. may choose to submit a Blanket L petition to USCIS. Once approved, a company’s Blanket L is valid for an initial period of three years and may be extended indefinitely. An approved Blanket L petition allows the company’s employees to apply for an L-1 visa directly at a U.S. Embassy or Consulate abroad without filing an individual USCIS petition first.

To qualify for Blanket L approval, an organization must meet the following criteria:

The U.S. petitioning company and each of the relevant qualifying organizations are involved in commercial trade or services;
The U.S. petitioning company has a U.S. office that has been doing business for one (1) year or more;
The U.S. petitioning company has at least three (3) domestic and foreign branches, subsidiaries, and/or affiliates; and
The U.S. petitioning company and relevant qualifying organizations fulfill at least one of the following:
- Have obtained ten (10) or more L-1 approvals during the previous year;
- Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; OR
- Have a U.S. workforce of at least 1,000 employees.

New Office Restrictions

Foreign employers seeking to send an employee to the U.S. as an executive or manager to establish a new office must show that they have a physical location for the new office and that the new office will support an executive or managerial position within one (1) year. An individual entering the U.S. on an L-1A visa to establish a new office will be allowed a maximum initial period of stay of one year, rather than three.

An individual entering the U.S. on an L-1B visa cannot establish a new office, but can be employed at a qualifying new office as long as there are sufficient physical premises, and the employer has the financial ability to pay the employee and do business in the U.S. These individuals will also only be allowed a maximum initial period of stay of one year, rather than three. For both L-1A and L-1B employees, extensions of stay can be filed as long as the new office continues to grow and do business.

L-1A Nonimmigrant Visas

L-1A Visa Requirements:

L-1A visa classification is given to executive or managerial employees. An executive employee should be able to make decisions of wide latitude without much oversight. Generally, managers must:

Manage an organization, department subdivision, function, or component of an organization OR supervise the work of other supervisory, professional, or managerial employees.
Have the authority to hire, fire, or recommend personnel actions over the individuals they supervise while acting within a senior level of an organizational hierarchy AND have discretion over day-to-day operations of the function for which they have authority.

Period of Stay:

A foreign national can stay in the U.S. in L-1A status for up to seven (7) years. L-1A status is initially granted for three (3) years unless the individual is opening a new office, in which case L-1A status is granted for one (1) year. L-1A status may be extended in two (2) year increments until the seven-year maximum is reached.

If they wish to pursue permanent residency and a green card, foreign nationals in L-1A status have a direct path to the employment-based first preference multinational manager or executive (EB-1C) immigrant visa category.

The L-1A Petition Process:

If a company is filing an individual L-1A petition for an employee, they will submit Form I-129, Petition for a Nonimmigrant Worker, to USCIS, along with supporting documentation that will be used to prove the eligibility of both petitioner and worker.

If the worker is currently outside of the U.S., after the petition is approved, the worker will apply for a visa stamp at a U.S. Embassy or Consulate General abroad.
If the worker is already within the U.S., they will change their status to L-1A. While the petition is pending, the individual must remain in the country.

The L-1A Petition Process Under a Blanket L:

For an employee applying under a company’s approved Blanket L petition:

If the worker is currently outside of the U.S., they will submit Form DS-160 and make an interview appointment at a U.S. Embassy or Consulate abroad.
The worker will bring the completed Form I-129S, Nonimmigrant Petition Based on Blanket L Petition; a copy of the company’s Blanket L petition approval notice; and all supporting documentation to the interview.
The Consular Officer will determine final eligibility and, if the worker is found eligible, Form I-129S will be endorsed and the L-1 visa will be issued.
If the worker is currently inside the U.S., both Form I-129 and Form I-129S will need to be filed together with the USCIS.

L-1B Nonimmigrant Visas

L-1B Visa Requirements:

L-1B classification is given to employees with specialized knowledge. “Specialized knowledge” refers to one of the following:

Either special knowledge about 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.

If an employee applies for an L-1B visa under a company’s approved Blanket L petition, that employee must also qualify as a “professional” employee, meaning that they must possess at least a bachelor’s degree or equivalent experience. Since a L-1B nonimmigrant visa petition requires a detailed discussion of the foreign national’s “specialized knowledge,” an experienced immigration lawyer like Ellen Freeman can help to navigate the complexities of this category.

Period of Stay:

Individuals can stay in the U.S. in L-1B status for up to five (5) years. L-1B status is initially granted for three (3) years unless the individual is employed at a new office, in which case L-1B status is granted for one (1) year. L-1B status may be extended in two (2) year increments until the five-year maximum is reached.

The L-1B Petition Process:

If a company is filing an individual L-1B petition for an employee, they will submit Form I-129, Petition for a Nonimmigrant Worker, to USCIS, along with supporting documentation that will be used to prove the eligibility of both petitioner and worker.

If the worker is currently outside of the U.S., after the petition is approved, the worker will apply for a visa stamp at a U.S. Embassy or Consulate General abroad.
If the worker is already within the U.S., they will change their status to L-1B. While the petition is pending, the individual must remain in the country.

The L-1B Application Process Under a Blanket L:

For an employee applying under a company’s approved Blanket L petition:

If the worker is currently outside of the U.S., they will submit Form DS-160 and make an interview appointment at a U.S. Embassy or Consulate abroad.
The worker will bring the completed Form I-129S, Nonimmigrant Petition Based on Blanket L Petition; a copy of the company’s Blanket L petition approval notice; and all supporting documentation to the interview.
The immigration officer will determine final eligibility and, if the worker is found eligible, Form I-129S will be endorsed and the L-1 visa will be issued.
If the worker is currently inside the U.S., both Form I-129 and Form I-129S will need to be filed together with the USCIS.