L-1 Visa Guide (2025): Requirements, Eligibility, USCIS Process, Extensions, Green Card Path, and FAQs for Intra-company Transfers

You have been working at a global information technology (IT) services firm based in Mumbai for five years. Your role involves managing cross-functional teams and delivering enterprise solutions to international clients. You understand the company’s systems, workflows, and operational goals. You’ve helped onboard teams, rolled out internal tools, and coordinated with departments across multiple time zones.

The company is now establishing a United States branch in Dallas, Texas. Leadership selects you to take on a key position at the new location. Your responsibilities will include setting up processes, overseeing local hires, and ensuring alignment with headquarters. You remain an employee of the same organization. The U.S. office is a subsidiary of the parent company.

Transferring you to the United States is a strategic decision. You bring knowledge that is specific to the company’s operations. Your background and current role meet the criteria for a type of visa designed for intra-company transfers: the L-1 visa.

This guide is designed to help you understand the L-1 visa process clearly and completely. It covers eligibility, key terms, required documentation, government definitions, and potential challenges.

 

What Is the L-1 Visa?

The L-1 visa is a temporary work visa that allows companies to transfer employees from an office outside the United States to an affiliated office inside the country.The U.S. and foreign offices must have a qualifying relationship — such as parent, subsidiary, affiliate, or branch — with shared ownership or control.

This visa is commonly used when:

• A company wants to send executives or managers to the U.S.
• A company wants to transfer employees with specialized knowledge
• A foreign business wants to send staff to set up a new office in the U.S.

The L-1 visa does not require a job offer from a U.S. company unrelated to the applicant’s current employer. It is used only for intra-company transfers.

 

Legal and Historical Background

The L-1 visa category was established under the Immigration and Nationality Act, section 101(a)(15)(L), and is regulated by 8 CFR 214.2(l). It was created to support international business operations by allowing transfers of key personnel.

Over time, Congress and USCIS have refined the policy to prevent misuse and support legitimate business needs:

• In 1970, the visa was introduced to help multinational companies move experienced staff across borders without requiring separate employment sponsorship in the U.S.
• The Immigration Act of 1990 clarified the distinction between L-1A and L-1B classifications and allowed applicants to seek permanent residence without affecting visa eligibility (commonly referred to as “dual intent”).
• The L-1 Visa Reform Act of 2004, part of the Consolidated Appropriations Act, introduced new controls on third-party placements and added fraud prevention measures.
• USCIS continues to apply strict standards to confirm that the U.S. office is genuine, the foreign employment meets the time requirement, and the applicant’s role qualifies under law.

 

Two Types of L-1 Visas

There are two categories under the L-1 visa:

L-1A: For Managers and Executives

Used for employees who direct the organization, manage departments, supervise other professionals, or make key business decisions. This category is also used when an overseas company sends someone to open a new office in the United States.

L-1B: For Employees with Specialized Knowledge

Used for employees who have advanced knowledge of the company’s services, products, systems, or procedures. This knowledge must be specific to the employer and not generally known in the industry.

 

Who Can Apply?

To qualify for the L-1 visa, the applicant must meet all of the following:

• Must have worked for the company outside the United States for at least one continuous year in the last three years
• The employer must have a qualifying relationship with the U.S. entity (parent, branch, subsidiary, or affiliate)
• The position in the U.S. must meet the requirements of either the L-1A or L-1B category

USCIS examines both the company structure and the employee’s role before approving the transfer.

 

Key Facts About the L-1 Visa

Item	Details
Visa type	Non-immigrant (temporary)
Issued to	Managers, executives, or employees with specialized knowledge
Employer requirement	Must have a U.S. and foreign office under common ownership
Maximum stay (L-1A)	Up to 7 years
Maximum stay (L-1B)	Up to 5 years (L-1B visa holders may switch to L-1A status and stay up to 7 years, but only if they have performed executive or managerial duties for at least 6 months before filing the request. A change of classification must be properly filed with USCIS.)
Dependents	Spouse and unmarried children under 21 (L-2 visa)
Work permission for spouse	Yes. Spouses on an L-2 visa can work without needing a separate permit
Dual intent allowed	Yes. Applicant may pursue a green card while on L-1 status
Premium processing available	Yes. USCIS offers 15-day processing for an extra fee

 

L-1A vs. L-1B – Key Differences

The L-1 visa classification is divided into two categories: L-1A for executives and managers, and L-1B for employees with specialized knowledge. Each category has specific eligibility criteria, limits on stay, and implications for future immigration options.

Understanding the difference between the two is critical. Choosing the wrong classification may lead to delays or denial. This section outlines how they compare, what each one requires, and how employers should determine which category applies.

 

L-1A: Executives and Managers

The L-1A category is used for employees who perform executive or managerial functions, as defined in federal regulation and USCIS policy.

Executive capacity means the employee:

• Directs the management of the organization or a major part of it.
• Establishes goals and policies.
• Exercises wide latitude in decision-making.
• Receives only general supervision or direction from higher-level executives, board members, or shareholders.

Managerial capacity means the employee:

• Manages a department, function, or subdivision of the organization.
• Supervises and controls the work of other professional employees.
• Has the authority to hire, fire, or recommend personnel actions.
• Exercises discretion over daily operations.

The manager must supervise professionals. These are typically individuals who hold a bachelor’s degree or higher in a specific field. USCIS does not consider first-line supervisors eligible unless they manage professionals.

Example:
A logistics company based in Germany transfers its regional operations director to manage a new office in Chicago. The director oversees daily operations, manages departmental budgets, and supervises a team of professionals. This qualifies as L-1A because the employee controls business functions, manages staff at the professional level, and reports only to senior executives.

 

L-1A Key Facts

• Maximum stay: 7 years. One year initial stay for new offices, up to three years for established offices, with extensions.
• Qualifies for green card: Yes. Under the EB-1C immigrant category. Labor certification is not required.
• Eligible to open a new U.S. office: Yes.

 

L-1B: Specialized Knowledge Employees

The L-1B category is for employees with specialized knowledge of the company’s products, services, research, equipment, techniques, management, or other interests and their application in international markets.

Specialized knowledge must be:

• Not commonly found in the U.S. labor market.
• Specific to the organization’s operations or processes.
• Developed through experience with the petitioning company.

USCIS will not approve L-1B petitions based on general industry experience or skills that are widely available in the job market. The company must demonstrate that the knowledge is both advanced and unique to the organization.

Example:
A Japanese robotics company transfers a systems engineer to its U.S. office. The engineer has worked for several years on the company’s proprietary automation software, which is not used outside the organization. The employee’s job is to configure this system for U.S. clients and train local staff. This qualifies as L-1B because the knowledge is specific, advanced, and essential to the company’s U.S. operations.

 

L-1B Key Facts

• Maximum stay: 5 years.
• Qualifies for green card: Yes. Requires labor certification (PERM process).

Eligible to open a new U.S. office: Yes, but must support new office operations, not to manage them directly

• Subject to additional scrutiny: Yes. L-1B petitions often receive Requests for Evidence (RFEs) due to the narrow interpretation of “specialized knowledge.”

 

Side-by-Side Comparison

Feature	L-1A (Executive/Manager)	L-1B (Specialized Knowledge)
Role Type	Executive or managerial	Technical or operational specialist
Maximum Stay in U.S.	7 years	5 years
Green Card Path	EB-1C (no labor certification)	EB-2 or EB-3 (labor certification required)
Can Open New U.S. Office	Yes	Yes, but must support new office operations, not to manage them directly
Common for RFEs	Less frequent	More frequent
Supervises Others	Yes. Must supervise professionals	Not required
Requires Proprietary Knowledge	Not applicable	Yes
Directs Company Policy	Yes (executives only)	No

*L-1B visa holders may switch to L-1A status and stay up to 7 years, but only if they have performed executive or managerial duties for at least 6 months before filing the request. A change of classification must be properly filed with USCIS.

 

Choosing the Right Category

Employers should review the actual job duties of the transferring employee and compare them with USCIS definitions. Title alone is not enough. USCIS focuses on what the person actually does day to day.

In most cases:

• Senior staff leading U.S. operations or overseeing departments will fall under L-1A.
• Technical staff who work on proprietary systems will fall under L-1B.

The correct classification must be clearly supported in the petition documents. These include an organizational chart, a detailed job description, and evidence that shows how the employee meets the criteria for the requested visa type.

 

Eligibility Requirements

To receive approval for an L-1 visa, the applicant must satisfy a set of clear legal standards. These include working for a qualifying organization abroad, meeting a one-year full-time employment requirement, and taking on a position in the United States that matches the visa classification being requested. These rules are defined by statute and USCIS regulation and must be fully met on or before the date the petition is filed.

 

One Year of Full-Time Employment Abroad

The applicant must have been employed full time for at least one continuous year outside the United States within the three years immediately before the petition is submitted. That employment must be for the same employer or for an entity that has a qualifying relationship to the U.S. office, such as a parent company or subsidiary.

Full-time generally means at least 35 hours of work per week. USCIS may evaluate whether the employment was the applicant’s primary role and involved consistent, regular duties for the foreign entity.

This year must be continuous. If the employee left the company for any reason or changed to a role that does not qualify, the clock resets. The one year must be complete at the time the petition is filed; future eligibility is not acceptable.

Qualified Example:
An operations manager works full time at a company’s London office from January 2022 through March 2023, overseeing a team of professionals and reporting to senior management. In April 2023, the employer files an L-1A petition. The employee qualifies because she worked continuously for more than one year in a managerial capacity during the relevant three-year window.

Not Qualified Example:
An engineer in Toronto works full time for 9 months in 2022, takes a 5-month unpaid leave, and then returns for another 3 months. Because the employment was not continuous for 12 months — due to the 5-month break — the petition would not qualify.

 

How Time in the United States Affects Eligibility

If the employee spent significant time in the United States during the three-year lookback period, while not employed abroad for the qualifying organization, that time interrupts the one-year continuous employment requirement. Only brief trips for business or pleasure do not break the one-year requirement. These short absences pause the count but do not reset it, and they do not contribute to the one-year total.

For example, if an employee worked abroad for 10 months, then spent 2 months in the United States on an extended stay, and later returned abroad for another 2 months, that time does not add up to the required 12 continuous months. The extended U.S. stay breaks the continuity, and the one-year count must restart from the date of return to qualifying foreign employment.

Brief visits to the United States for meetings or vacation generally do not reset eligibility, but longer assignments or stays may reset the clock entirely.

Qualified Example:
An employee works in Paris for 8 months, attends a 1-week training in the U.S., then returns and completes 4 more months abroad before filing. This is acceptable because the short visit does not interrupt the 12-month total.

Not Qualified Example:
An employee works abroad for 6 months, then moves to the U.S. on a visitor visa for 5 months, followed by 6 more months abroad. The 5-month U.S. stay does not count, and the initial 6 months are now outside the allowable three-year lookback. The petition would not qualify.

 

Role Abroad and Role in the U.S. Must Match the Requested Category

The employee must have performed duties abroad that match the classification of the visa being requested. If applying for L-1A, the foreign role must have been executive or managerial. If applying for L-1B, it must have involved specialized knowledge.

Likewise, the proposed U.S. role must also fit into the same category. USCIS will compare both positions and expect consistency between them.

Qualified Example:
A logistics director managed daily operations and supervised a team of engineers in São Paulo. The company proposes he will manage supply chain functions and lead a U.S. team in the same business unit. The responsibilities match the L-1A classification.

Not Qualified Example:
A systems analyst performed standard IT support functions in the foreign office but is proposed to take on a project manager role in the United States. The role abroad may not qualify under L-1B, and the change in duties may not align with any L-1 classification.

 

Timing of Filing

USCIS will review the petition based on the facts as of the filing date. If the employee’s qualifying employment ended before filing or had not yet reached the one-year mark, the case will be denied.

No assumptions are made about future job duties or time served after the date of submission. Employers must document eligibility based on completed experience, not projected assignments.

 

Blanket Petitions and Individual Eligibility

Some employers have approval from USCIS to file under an L-1 blanket petition. This designation is typically granted to large multinational companies that meet specific size and operational requirements. A blanket petition allows the company to transfer multiple employees without submitting a full petition for each individual case.

However, a blanket approval does not change the eligibility criteria for individual employees.

Each transferee must still:

• Have worked full time for one continuous year abroad within the past three years, and
• Be offered a U.S. position that qualifies under L-1A or L-1B.

USCIS will review eligibility in the same way it does for individual petitions. The blanket only affects the filing procedure, not the standard of review.

Example:
A technology firm with a blanket petition transfers ten employees to the U.S. One of those employees worked only part time abroad. Even under the blanket, that employee does not qualify. USCIS will deny the case if the one-year full-time requirement is not met.

 

USCIS Standard of Review

USCIS uses a preponderance of the evidence standard, meaning the evidence must show it is more likely than not that the eligibility criteria are met. Titles, organizational charts, and internal labels are not enough. The agency evaluates what the employee actually did in the foreign role and what is expected in the U.S. position.

Qualified Example:
An employer submits a detailed employment letter confirming duties, dates, and full-time status, along with internal HR records and business registration documents. USCIS is likely to approve if the evidence is consistent and credible.

Not Qualified Example:

A petition includes only a vague letter from a manager without proof of job duties or full-time status. The lack of detail would likely result in a Request for Evidence (RFE) or denial.

 

Qualifying Relationships (Parent, Subsidiary, Affiliate)

To qualify for an L-1 visa, the employer must have a specific legal relationship between the U.S. office and the foreign entity where the employee has worked. USCIS uses the term “qualifying organization” to describe the business structure that makes a transfer possible under this visa category.

This relationship must already exist at the time of filing and must continue throughout the employee’s stay in the United States. It is not enough for the two companies to cooperate on projects or have overlapping leadership. They must share a formal ownership or control structure that fits within one of the permitted categories under U.S. immigration regulations.

There are four types of qualifying relationships recognized for L-1 petitions: parent company, branch office, subsidiary, and affiliate. Each type has distinct legal and operational requirements.

 

Parent Company

A parent company is an entity that owns another business, either entirely or by majority control. In this context, the foreign company may be the parent and the U.S. entity the subsidiary, or vice versa. USCIS defines a parent as a legal entity that has direct ownership of another legal entity.

The parent and subsidiary do not need to have the same business activities, but they must be connected by ownership. Full ownership is not required, but the parent must control the subsidiary through majority voting shares or equivalent authority.

Example:
A software company in South Korea owns 100 percent of a U.S. corporation registered in Delaware. The Korean parent company employs a team lead who has worked in product development for three years. The company wishes to transfer this employee to the U.S. subsidiary to lead integration efforts with a new client. This is a qualifying parent-subsidiary relationship.

 

Branch Office

A branch is an operating division or office of the same legal entity. Unlike a subsidiary, a branch is not a separate corporation. It is the same company operating in two locations, one inside and one outside the United States. The branch must be registered and authorized to do business in the U.S.

Many large companies use branches to simplify operations when they do not need a distinct legal entity. However, USCIS still requires documentation to confirm that the U.S. office is active and functions as part of the same organization.

Example:
A multinational bank headquartered in Frankfurt opens a branch in New York. The branch is not a separate company but is registered with U.S. regulators and provides financial services directly under the parent company’s name. A senior compliance officer is transferred from Frankfurt to oversee internal controls at the New York branch. This is a valid intra-company transfer to a branch office.

 

Subsidiary

A subsidiary is a company that is directly or indirectly owned by another entity. USCIS recognizes both majority and wholly owned subsidiaries. The parent company must have control over the subsidiary’s operations, often demonstrated through ownership of more than 50 percent of the voting stock or equivalent ownership interest.

Subsidiaries are frequently used when companies want to establish a U.S. presence that is legally distinct from the foreign office but still under unified control. For L-1 purposes, the legal separation does not matter as long as the ownership and control requirements are met.

Example:
An engineering firm in Canada owns 80 percent of a U.S. company that designs building infrastructure systems. The U.S. entity is separately incorporated but reports financials to the parent. An L-1B candidate with company-specific CAD expertise is transferred to assist with a new project in Chicago. Because the Canadian firm has majority control, the U.S. office qualifies as a subsidiary.

 

Affiliate

An affiliate is a business that is related to another by shared ownership or control, but not through a direct parent-subsidiary link. USCIS defines affiliates in a few ways. Most commonly, they are businesses that are owned and controlled by the same parent company or by the same group of individuals in roughly the same proportion.

This category is particularly relevant for professional firms such as accounting, legal, and consulting practices. The key requirement is that the companies have a shared ownership structure and function under coordinated control.

Example:
Two consulting firms are separately incorporated in Brazil and the United States. Both are owned by the same four partners, each holding identical equity shares in both firms. Although there is no parent company, the firms are considered affiliates due to identical ownership. One partner is transferred to the U.S. affiliate to lead a business development team. USCIS would likely accept this as a qualifying affiliate relationship.

 

Proof of the Relationship

Establishing the qualifying relationship is one of the most scrutinized parts of the L-1 petition. USCIS requires credible documentation that shows the link between the U.S. and foreign offices. Petitioners must submit clear evidence of ownership, operational control, and ongoing business activities in both locations.

Supporting documents may include:

• Articles of incorporation, bylaws, and corporate registration documents
• Stock certificates or shareholder agreements
• Annual reports or audited financial statements
• Organizational charts showing ownership and management structure
• Business licenses, leases, or tax filings for both offices

USCIS may request additional evidence if the ownership chain is indirect or if the companies are newly established. In cases involving complex structures, it is often helpful to include a cover letter or summary that explains how the entities are related.

 

Common Issues and Mistakes

Petitions are often delayed or denied when the company fails to provide sufficient proof of the qualifying relationship. Common issues include:

• Submitting outdated or inconsistent documents
• Relying on informal relationships rather than legal ownership
• Failing to prove that both entities are actively doing business
• Confusing contractual partnerships with corporate affiliations

In some cases, especially for small businesses or startups, USCIS may scrutinize whether the foreign entity still exists and is engaged in real commercial activity. A shell company or one with minimal operations may not meet the threshold.

 

Doing Business Requirement

In addition to the legal relationship, both the U.S. and foreign entities must be actively doing business. USCIS defines this as the regular, systematic, and continuous provision of goods or services. Passive investments or dormant companies do not qualify.

USCIS does not require the business to be profitable, but it must show evidence of active operations such as client contracts, employee payroll, service agreements, and financial transactions.

If the U.S. office is newly established, the company must demonstrate that the foreign entity is well established and that the U.S. branch will soon become operational. In these cases, the L-1A may be approved for an initial period of one year, with the expectation that the business will grow.

Example:
A European apparel company opens a new retail location in San Francisco. The foreign office has been in operation for ten years, with documented sales, suppliers, and employees. The U.S. branch is still under development but has a lease, an initial hire, and a business plan. USCIS may approve an L-1A petition for one year, contingent on progress toward full operations.

 

Required Documents for L-1 Petition

To support an L-1 visa petition, both the employer and the employee must provide documentation that meets USCIS requirements. These documents help establish the relationship between the U.S. and foreign offices, prove the employee’s qualifications, and confirm the legitimacy of the transfer. Accuracy and consistency in documentation are critical to avoid delays or denials.

 

Employer Documents

The U.S. company must show that it is related to the foreign employer and actively doing business. USCIS will examine whether the company has the organizational structure, financial capacity, and operational presence to support the employee’s role in the United States.

Checklist of Employer Documents:

• Proof of Qualifying Relationship
• Articles of incorporation, bylaws, or other formation documents
• Business licenses or registrations for both U.S. and foreign offices
• Shareholder agreements or equity documentation
• Annual reports or SEC filings (if publicly traded)
• Organizational chart showing ownership structure and control
• Evidence of Doing Business
• Invoices or purchase orders
• Client contracts or service agreements
• Financial statements or audited reports
• Payroll records for U.S. and foreign operations
• Utility bills or lease agreements for office space
• Proof of Office Space
• Signed lease or deed for the U.S. office
• Photos of the facility, signage, and interior setup
• Business telephone listings or marketing materials

For new offices (in operation less than one year), the petition must also show plans for U.S. growth, such as business plans, hiring forecasts, or contracts with U.S. clients.

 

Employee Documents

The employee must prove they worked for the company outside the United States for at least one continuous year within the past three years and that the role in the United States meets the definition of executive, manager, or specialized knowledge.

Checklist of Employee Documents:

• Employment Verification
• Letter from foreign employer detailing job title, start and end dates, duties, and full-time status
• Payroll records, tax forms, or pay stubs
• Internal HR documentation or contracts
• U.S. Job Description
• Detailed breakdown of duties
• Explanation of how the duties meet L-1A or L-1B classification
• Percentage of time allocated to each responsibility
• Description of U.S. team and reporting structure
• Organizational Chart
• Chart showing employee’s position abroad and in the U.S.
• Names and titles of subordinates and supervisors
• Educational Credentials (if relevant)
• Diplomas or transcripts
• Professional licenses or certifications (if the position requires them)

 

Additional Requirements for New Office Petitions

If the employee is being transferred to help establish a new office in the United States, additional documentation is required to demonstrate the viability of the business.

Checklist for New Office Petitions:

• Business plan showing U.S. market entry strategy
• Evidence of securing physical premises for the office
• Details on planned staffing and organizational structure
• Financial projections and capital investment plans
• Contracts, letters of intent, or purchase orders with U.S. clients

 

Required Forms

The L-1 petition is filed using specific USCIS forms, which must be properly completed and submitted with filing fees.

Checklist of Required Forms:

• Form I-129 (Petition for a Non-immigrant Worker)
• Must include L Supplement for L-1 classification
• Form G-28 (Notice of Entry of Appearance)
• If an attorney is representing the petitioner
• Form I-907 (Request for Premium Processing)
• Optional, used to request 15-day processing
• Filing Fee Payment
• Standard I-129 filing fee
• Fraud prevention and detection fee
• American Competitiveness and Workforce Improvement Act fee (if applicable)

 

Best Practices

• Ensure all documents are translated into English if originally issued in another language.
• Avoid inconsistencies between supporting documents and the forms.
• Provide detailed, specific descriptions rather than general summaries.
• Include signed statements or affidavits where possible.
• Organize the petition clearly, using tabs or an index if filing by mail.

USCIS evaluates petitions based on a preponderance of the evidence standard. This means the submitted documents must show it is more likely than not that the employee and employer meet all legal requirements. Submitting complete, well-organized, and consistent materials strengthens the case and reduces the likelihood of an RFE.

 

L-1 Visa Application Process – Step-by-Step

Applying for an L-1 visa involves multiple steps that must be followed in a specific order. The process requires both employer and employee to submit documents that demonstrate eligibility. This section outlines the standard steps for filing an individual L-1 petition, based on official guidance from USCIS and the Department of State.

 

Step 1: Employer Prepares the Petition

The U.S. employer must compile and complete the required forms and supporting documents before filing the petition with USCIS.

Checklist of Required USCIS Forms

• Form I-129 (Petition for a Non-immigrant Worker)
• L Classification Supplement to Form I-129
• Form I-907 (only if requesting premium processing)
• Form I-539 (for dependents applying from within the United States)

Checklist of Supporting Documents

• Organizational chart showing the employee’s position
• Verification letter from the foreign entity confirming the one-year employment abroad
• U.S. job description with a breakdown of duties
• Proof of corporate relationship between the U.S. and foreign entities (such as Articles of Incorporation, ownership records, or stock certificates)
• Evidence that both entities are actively doing business
• Documentation confirming office space in the U.S., especially for new offices
• A copy of the employee’s valid passport identification page

 

Step 2: USCIS Processes the Petition

Once submitted, USCIS will assign a receipt number and begin reviewing the Form I-129 and its attachments. The employer may select either regular or premium processing.

• Regular processing takes several weeks or months depending on USCIS workload
• Premium processing ensures a response within 15 business days if Form I-907 and the additional fee are included

If documentation is incomplete or unclear, USCIS may issue an RFE.

 

Step 3: Petition Approval and Issuance of Form I-797

If the petition is approved, USCIS will send a Form I-797 Approval Notice to the employer. The validity period listed on the notice reflects the authorized time the employee may work in the United States.

The initial stay for new offices is typically one year. For established operations, the approval may be granted for up to three years.

 

Step 4: Visa Application at a U.S. Consulate

If the employee is outside the United States, they must apply for a visa at a U.S. Embassy or Consulate. This is required before they can enter the country in L-1 status.

Checklist for Consular Visa Application

• Completed DS-160 (Non-immigrant Visa Application) confirmation page
• Valid passport (with at least six months validity beyond the intended stay)
• Copy of the Form I-797 Approval Notice
• Copy of the full I-129 petition and all exhibits
• One or two passport-sized photographs that meet consular photo specifications
• Proof of qualifications (such as degrees or certifications)
• Updated resume or curriculum vitae
• Employment verification letter
• Visa fee receipt
• Appointment confirmation letter
• Organizational chart showing employee’s role
• Any additional documentation requested by the consulate

During the consular interview, the officer may ask questions about the employee’s job history, the U.S. and foreign offices, and their duties in both roles.

 

Step 5: Entry at a U.S. Port of Entry

After receiving the visa, the employee may travel to the United States and present documents to U.S. Customs and Border Protection (CBP).

Checklist for Border Inspection

• Passport with valid L-1 visa
• Form I-797 Approval Notice
• Copy of the complete I-129 petition package

If CBP admits the individual in L-1 status, an I-94 record will be issued, indicating the date of entry and the duration of authorized stay.

 

Step 6: Begin Employment in the U.S.

Once admitted, the employee may begin working in accordance with the approved petition. The employer must complete Form I-9 to verify work authorization and should keep a copy of the visa and I-94 for compliance purposes.

 

Form I-129 Instructions (Specific to L-1)

Form I-129, Petition for a Non-immigrant Worker, is the core application that U.S. employers must submit to request an L-1 visa for an eligible employee. While the form covers many different visa classifications, only certain parts apply to L-1 petitions. This section provides focused guidance on how to complete and submit Form I-129 for L-1A and L-1B cases, based on the official instructions issued by USCIS.

 

Overview of Structure

The form consists of the main Form I-129 and a set of supplements. For L-1 cases, the following must be included:

• The base Form I-129
• The L Classification Supplement
• The Additional Information pages (if applicable)
• The Filing Fee and, if requested, Premium Processing Fee (Form I-907)

 

Completing the Base Form I-129

While most of the critical L-1-specific information is captured in the L Supplement, the main form must still be filled out accurately.

Key parts of the base form that apply:

• Part 1: Petitioner Information
  The U.S. company must complete this section with its legal name, address, IRS tax number, and contact information.
• Part 2: Information About the Petition
  Indicate the classification being requested by checking “L-1A” or “L-1B” in Question 2. Also mark whether this is a new employment, continuation, change of status, or amendment.
• Part 4: Processing Information
  Include requested dates of employment and indicate whether the employee will work off-site or at third-party locations. Off-site placement may trigger scrutiny and must comply with L-1 rules.
• Part 5: Information About the Beneficiary
  Provide the employee’s name, date of birth, country of birth and citizenship, passport number, and immigration history. Accuracy here is essential.
• Part 6: Employer Certification
  The petitioner must sign and certify the information provided. Unsigned forms are rejected automatically.

 

Completing the L Classification Supplement

This supplement is specific to the L-1 visa category and must be filled out completely and truthfully.

Part A: Information About the Petitioning Employer and Qualifying Organization

• Describe the relationship between the U.S. company and the foreign entity (such as parent, subsidiary, affiliate, or branch).
• Provide dates the foreign entity has been doing business.
• Include the number of employees at each entity and the nature of services provided.
• State whether the U.S. entity is a new office and the date it was established.

Part B: Information About the Employee

• State the employee’s job title, detailed job duties abroad and in the U.S., and the dates of employment in both roles.
• Indicate whether the employee worked full-time abroad for one continuous year within the past three years.
• Note whether the employee will supervise professionals or exercise executive authority (for L-1A cases) or apply proprietary systems or procedures (for L-1B cases).

Part C: Additional Questions

• This section asks about previous L classifications and any blanket petition eligibility.
• If the petition is being filed under a blanket approval, USCIS will expect consistency with previously approved blanket filings.

 

Common Filing Errors to Avoid

USCIS regularly rejects or delays petitions due to avoidable mistakes. When filing an L-1 petition, make sure:

• All required supplements are included.
• The petitioner’s signature is original and dated.
• All pages are properly numbered and submitted in order.
• Supporting documents referenced in the L Supplement are actually attached to the petition.
• Fees are paid in the correct amount and format. Checks must be payable to the U.S. Department of Homeland Security.

 

Filing and Mailing

As of this writing, L-1 petitions are typically filed with one of the USCIS Service Centers. The appropriate filing address depends on the company’s location and whether premium processing is requested. USCIS maintains current filing addresses on its website. Petitioners should always double-check the address before mailing.

The entire packet should include:

• Form I-129
• L Supplement
• Filing fee (and Form I-907 if applicable)
• Supporting documents
• Copy of beneficiary’s passport ID page

Each petition should be submitted with a cover letter summarizing the purpose and enclosed documents. USCIS does not require this, but it helps adjudicators quickly identify the nature of the request.

 

Notes on Electronic Filing

At present, Form I-129 for L classifications cannot be filed online. Paper submission is required. However, applicants should track their case status online using the receipt number provided after USCIS accepts the filing.

 

Processing Times and Premium Processing

L-1 visa petitions are processed by USCIS, and the time it takes for a decision depends on multiple factors. This includes the assigned service center, the completeness of the petition, whether Requests for Evidence (RFEs) are issued, and whether the petitioner uses premium processing. This section explains how processing times work for L-1 petitions and how employers can expedite review through premium processing.

 

Regular Processing Times

USCIS does not publish a fixed timeline for all L-1 petitions. Instead, it maintains a live online Processing Times Tool where users can check the current average timeframe for Form I-129 under the L classification.

Processing times vary based on the assigned service center and may change weekly. The listed range typically includes a timeframe covering 80 percent of completed cases. Employers and applicants should always consult this official tool to get the most current estimates.

Note: There is no uniform “2-month” or “6-month” rule. Each case is evaluated individually, and timelines are affected by staffing, petition volume, and whether the employer responds quickly to RFEs if issued.

 

Premium Processing Option

Employers who need faster adjudication may request premium processing for Form I-129. This is an optional service that requires submission of Form I-907 and an additional fee.

USCIS Policy on Premium Processing:

• USCIS guarantees a response within 15 business days of receiving a properly filed premium processing request.
• The response may be an approval, a denial, or an RFE.
• If USCIS does not act within 15 business days, it will refund the premium fee and continue to process the case under the premium timeline.

Premium processing is especially helpful when:

• A transfer must occur by a specific date.
• A visa appointment is already scheduled.
• An employer needs predictability for staffing or client deadlines.

Fee: As of latest USCIS fee schedule, the premium processing fee for Form I-129 is $2,805. This may be adjusted, so petitioners should verify the current amount on the USCIS website.

 

How to Use Premium Processing

To use this service:

1. Complete Form I-907 (Request for Premium Processing).
2. Submit it together with Form I-129 and the L Classification Supplement, or file it later while the I-129 is still pending.
3. Include a separate payment for the premium processing fee.
4. Track case status using the receipt number provided by USCIS.

Premium processing does not guarantee approval. It only accelerates the decision timeline.

 

Case Status and Tracking

After USCIS accepts a petition, it issues a receipt notice (Form I-797C) containing a unique receipt number. Petitioners and beneficiaries can use this number to:

• Check real-time status through the USCIS Case Status tool
• Sign up for email or text updates
• Review history of actions taken on the case

USCIS may also issue Requests for Evidence (RFEs) if documentation is insufficient. This can extend the processing timeline even under premium processing, although the 15-day clock resumes once USCIS receives the RFE response.

 

When Expedite Requests Are Available Without Premium Processing

In limited situations, USCIS may accept expedite requests without the premium fee. These are granted at the agency’s discretion and only under specific conditions, such as:

• Urgent humanitarian reasons
• U.S. government interests (such as national security)
• Financial loss to the petitioner
• Nonprofit organization benefit to U.S. culture or interest

Such requests must be supported by documentation and are not guaranteed.

 

L-1 Visa Extensions and Renewals

L-1 visa holders who wish to remain in the United States beyond their initially approved period must apply for an extension of stay. This section explains the eligibility, documentation, deadlines, and legal limits for extending L-1 status. All information is based on regulations from USCIS and the Code of Federal Regulations (8 CFR 214.2).

 

Time Limits by Category

The L-1 visa has a maximum allowable period of stay, including all extensions.

• L-1A (Executives or Managers): Up to 7 years total
• L-1B (Specialized Knowledge Workers): Up to 5 years total (L-1B holders may extend their stay to the full 7 years if they are promoted to executive or managerial duties and have performed those duties for at least 6 months before filing the extension request. The petition must document the change in role and provide evidence that the new duties qualify under L-1A standards)

For both categories:

• New office petitions are initially granted for 1 year
• Established offices are usually approved for up to 3 years initially
• Extensions are granted in increments of up to 2 years

Once the total time cap is reached, the individual must leave the United States for at least one continuous year before becoming eligible for a new L-1 petition. Time spent in H or L status counts toward this limit.

 

Filing for Extension of Stay

To extend L-1 status, the employer must file a new Form I-129 with USCIS before the employee’s current I-94 expires.

Required Items:

• Completed Form I-129 with L Classification Supplement
• Copy of previous Form I-797 Approval Notice
• Updated job description and duties
• Evidence that the U.S. and foreign companies continue to meet L-1 qualifying relationship requirements
• Proof that both entities are actively doing business
• Documentation that the employee continues to perform qualifying executive, managerial, or specialized duties
• Filing fees, including any applicable fraud prevention fees

If requesting premium processing, the employer must also submit Form I-907 with the additional fee.

The extension must be filed before the employee’s authorized stay expires. USCIS recommends applying at least 45 days in advance, though they will accept petitions up to the date of expiration.

 

Continued Work Authorization While Extension Is Pending

If the employer files a timely, non-frivolous extension request before the current I-94 expires, the employee may continue working for up to 240 days while the petition is pending. This applies only if the petition is for the same employer and same classification.

If the petition is not filed on time, or the employee works beyond the approved period without filing, the individual will be considered out of status and may be subject to removal.

 

Updated Supporting Documents

USCIS evaluates extension requests just as carefully as initial petitions. The employer must prove that all qualifying conditions remain valid. Updated evidence should reflect:

• The employee’s current duties, not just those at the time of initial filing
• Ongoing operations of the U.S. office
• Payroll records and organizational charts showing the employee’s supervisory responsibilities (for L-1A)
• Use and application of proprietary knowledge (for L-1B)
• Recent business activity, such as invoices, contracts, or service agreements

USCIS may issue an RFE if the documentation is not strong or complete.

 

Extension of Status vs. Visa Renewal

An extension of L-1 status is not the same as renewing an L-1 visa stamp in the passport. An individual inside the U.S. only needs to maintain status, which is shown by an unexpired I-94.

However, if the employee travels abroad after an extension is approved, they must have a valid L-1 visa stamp to re-enter the United States. Visa renewal is done at a U.S. consulate, not with USCIS.

In most cases:

• USCIS handles extensions of stay (I-129)
• U.S. embassies and consulates handle visa renewals (DS-160)

 

Blanket L Extensions

If the original petition was filed under an approved blanket L petition, the extension process varies slightly. The U.S. employer still files Form I-129, and the employee may use Form I-129S again if applying abroad.

Blanket L approvals do not waive the individual extension filing requirement. The employee must still qualify for the L-1 classification and meet all other eligibility rules.

Canadian citizens under a blanket petition may apply at the border using Form I-129S and supporting documentation, provided the position remains within the scope of the approved blanket and the individual qualifies for L classification.

 

Time Limits and Maximum Stay Enforcement

Once the L-1 time cap is reached (5 years for L-1B, 7 years for L-1A), USCIS will not approve further extensions. This includes both individual and blanket cases.

Time spent in the United States in H-1B, L-1A, or L-1B status counts toward the maximum. However, short trips abroad can pause the accrual, and USCIS may request passport stamps or travel logs to calculate days present in the U.S.

There are no exceptions to the time limits unless:

• The individual changes to a different status (such as student or tourist)
• The individual becomes eligible for a green card through adjustment of status
• The individual leaves the U.S. and spends 1 full year abroad, then applies again

 

Dependents (L-2) and Extensions

Spouses and children on L-2 status must also file Form I-539 to extend their status. If filed concurrently with the L-1 extension, processing will be linked.

L-2 spouses now receive automatic work authorization with their status, as long as they hold an unexpired I-94 showing L2S designation. This does not require separate employment authorization renewal if status is extended.

 

Travel While L-1 Petition is Pending

If your employer files an L-1 extension petition while you are in the United States, travel outside the country before USCIS makes a decision may result in the denial of your extension of stay. This outcome is based on a longstanding USCIS policy that considers travel during a pending extension of stay to be grounds for abandonment of that part of the petition.

 

Understanding the Difference: L-1 Classification vs. Extension of Stay

An L-1 petition can request two things at once:

• Extension of the employee’s L-1 classification (the visa type itself)
• Extension of the employee’s stay in the United States (I-94 record)

These are separate parts of the same petition. If you travel outside the U.S. while your extension of stay is still pending, USCIS will consider that portion of the request abandoned. However, the agency may still approve the L-1 classification itself.

“A request to extend status will be denied if the applicant has departed the United States before the request is adjudicated.”
— USCIS Policy Manual, Volume 2, Part M, Chapter 4

 

Can You Travel While the L-1 Extension Is Pending?

Whether travel is allowed depends on how your employer filed the petition.

1. If the petition requests an extension of stay (typical for employees already in the U.S.):

• Do not travel internationally while the extension is pending.
• If you leave, USCIS will deny the extension of stay due to abandonment.
• You may still receive approval of the L-1 classification itself.
• After leaving the U.S., you will need to obtain a new L-1 visa (if expired) and re-enter using the new approval.

2. If the petition uses consular processing (usually for employees outside the U.S.):

• Travel is permitted while the petition is pending.
• Once the petition is approved, you must attend a visa appointment at a U.S. consulate.
• If granted, you may enter the U.S. and receive a new I-94 at the port of entry.

 

Common Travel Scenarios

Travel Situation	Effect on Petition	What You Need to Re-Enter the U.S.
You leave the U.S. while the extension of stay is pending	Extension of stay is denied as abandoned	New L-1 visa (if expired) and approved Form I-797
You leave after the extension is approved	No problem	Valid visa and new Form I-797 Approval Notice
You leave and your petition used consular processing	No impact	Attend consular appointment, get visa, and re-enter

Important: Even if USCIS approves your petition while you are abroad, you must have a valid L-1 visa to re-enter. A valid Form I-797 alone is not enough if your prior visa has expired.

 

Practical Risks of Traveling

Travel while a petition is pending creates several risks:

• Denial of extension of stay: You must restart the visa process from abroad.
• Visa delays abroad: U.S. embassies may be backlogged or issue additional document requests.
• Customs issues at entry: CBP officers at the port of entry make final decisions about admission.

 

Best Practices

• Remain in the United States until your extension is approved, especially if your visa has expired.
• Confirm with your employer whether the petition requests extension of stay or consular processing.
• If travel is absolutely necessary, consult with your immigration counsel first.
• If traveling with a valid visa, always carry your most recent Form I-797 and proof of continued employment.

 

L-2 Visas for Dependents of L-1 Visa Holders

Spouses and unmarried children under the age of 21 may accompany an L-1 visa holder to the United States by applying for an L-2 visa. This dependent classification allows family members to live in the United States for the duration of the L-1 principal’s authorized stay. This section explains the rules, benefits, and limitations of L-2 status under U.S. immigration law.

 

Who Qualifies for L-2 Status

Two types of dependents are eligible for L-2 classification:

• A spouse who is legally married to the L-1 visa holder
• Unmarried children under 21 years of age

Other family members, including parents, siblings, and extended relatives, are not eligible for L-2 status. Marriage must be legally recognized in the country where it occurred and under U.S. law.

 

How to Apply

If the dependents are outside the United States, they must apply for an L-2 visa at a U.S. consulate. Each applicant will need to complete Form DS-160 and attend a visa interview. The application should include:

• A valid passport
• A copy of the L-1 principal’s Form I-797 Approval Notice
• Proof of the family relationship such as a marriage or birth certificate
• A visa appointment confirmation and application fee receipt

If the dependents are already in the United States, they may request a change of status to L-2 using Form I-539.

 

Work Authorization for L-2 Spouses

L-2 spouses may work in the United States without applying for a separate Employment Authorization Document, as long as their Form I-94 reflects the correct status. Spouses with an I-94 marked ‘L2S’ are authorized to work in the U.S. without a separate EAD, under current USCIS policy (Policy in effect as of 2025 — USCIS policy is subject to change, so verify before filing).

The I-94 must be unexpired and correctly annotated. If it lacks the “L2S” code or was issued before this policy change, the spouse may still file Form I-765 to request an EAD. Employers may accept either the annotated I-94 or a valid EAD for work authorization.

L-2 children are not eligible for employment authorization under this visa category.

 

Education

L-2 dependents may attend school in the United States without needing an F-1 student visa. This includes full-time enrollment in public or private schools, colleges, and universities. There are no separate permissions required to study.

 

Extending L-2 Status

L-2 status is tied to the validity of the L-1 visa holder’s status. To remain lawfully in the United States, L-2 dependents must extend their stay when the L-1 principal files for an extension. This is done using Form I-539 and should be filed at the same time as the L-1 extension (Form I-129) to avoid status gaps.

Each dependent must file separately unless included as co-applicants on the same Form I-539.

 

Travel and Re-entry

L-2 dependents must have a valid visa to return to the United States after international travel. Even if status has been extended through an approved Form I-539, a visa is still required to re-enter. At the port of entry, officers may request the following:

• A valid L-2 visa in the passport
• A copy of the L-1 principal’s I-797 Approval Notice
• Evidence of the family relationship
• Proof of continuing employment for the L-1 visa holder

If the L-2 visa in the passport has expired, the dependent must apply for a new visa at a U.S. consulate before returning.

 

When Children Age Out

Children in L-2 status lose eligibility on their 21st birthday. At that point, they must either depart the United States or change to another non-immigrant status such as F-1 student. USCIS does not allow extensions of L-2 status beyond age 21.

Planning for this transition should begin well in advance to avoid interruptions in legal stay.

 

Termination of L-1 Status

L-2 dependents can remain in the United States only as long as the L-1 principal maintains valid status. If the principal’s L-1 employment ends or their I-94 expires without extension, L-2 dependents also fall out of status.

USCIS allows a grace period of up to 60 days or until the I-94 expiration date, whichever is earlier, for the family to leave the United States or apply for a new status. During this time, L-2 spouses may not continue working unless another valid basis for employment authorization exists.

 

Requests for Evidence (RFEs) in L‑1 Visa Cases

A Request for Evidence (RFE) is a notice issued by USCIS when the agency requires additional information to continue processing a visa petition. RFEs are not denials. However, they can delay processing and, if unanswered or inadequately addressed, may lead to rejection of the petition.

L‑1 visa petitions, especially those involving L‑1B specialized knowledge or new office transfers, are frequently subject to RFEs due to the complexity of the eligibility criteria.

 

Why USCIS Issues RFEs in L‑1 Petitions

USCIS must determine whether the petition meets all statutory and regulatory requirements. If the initial filing lacks sufficient documentation or raises questions about eligibility, USCIS may issue an RFE to give the petitioner an opportunity to respond.

Common reasons include:

• Insufficient detail in job descriptions for the U.S. or foreign position
• Failure to demonstrate specialized knowledge for L‑1B petitions
• Lack of evidence for a qualifying relationship between the U.S. and foreign entities
• Unclear or unsupported managerial or executive duties in L‑1A cases
• Weak documentation of business operations, especially for new U.S. offices
• Inconsistencies in dates, roles, or organizational structure

 

Examples of Common RFE Topics

Issue Raised	What USCIS May Request
Specialized knowledge (L‑1B)	Evidence showing how the employee’s knowledge is unique or proprietary to the company
Executive or managerial duties (L‑1A)	Detailed organizational chart, list of direct reports, and job descriptions of supervised staff
Qualifying relationship	Stock certificates, financial control documents, or corporate formation records
One year of foreign employment	Payroll records, employment contracts, HR letters with start and end dates
New office viability	Business plan, lease agreement, proof of initial hires or client engagement

 

Timeline and Response Deadline

An RFE typically allows 12 weeks (equivalent to 84 days which become 87 days if by mail) to respond. The response must be received by USCIS on or before the deadline indicated in the notice. USCIS does not grant extensions for RFEs.

If the petitioner fails to respond by the deadline, or provides an incomplete response, USCIS will usually make a decision based on the evidence already submitted, which often leads to denial.

 

Best Practices for Responding to an RFE

1. Read the RFE carefully
   Understand exactly what USCIS is asking for. The notice will often cite relevant sections of the regulations or policy manual.
2. Respond completely and clearly
   Address every issue raised in the RFE. Missing even one item can result in a denial.
3. Organize documents logically
   Use labeled tabs or sections. A table of contents and cover letter help USCIS navigate the packet.
4. Avoid re-submitting only what was already filed
   USCIS issued the RFE because the original evidence was insufficient. Provide new or expanded materials.
5. Maintain consistency
   Ensure that job titles, dates, and company descriptions match across all documents. Contradictions may raise credibility concerns.
6. Use affidavits or expert letters when applicable
   For specialized knowledge, a signed affidavit from a company executive or internal expert can clarify why the knowledge is critical and not commonly available in the labor market.
7. File by tracked delivery
   Submit the response early using a method that provides proof of delivery.

 

What Happens After the Response

After USCIS receives the RFE response:

• If the response resolves all concerns, USCIS may approve the petition.
• If the response is incomplete or unpersuasive, USCIS may deny the case.
• Occasionally, USCIS may issue a second RFE or a Notice of Intent to Deny (NOID) if further questions arise.

Processing typically resumes upon receipt of the RFE response. If the case was under premium processing, the 15-day clock restarts once USCIS receives the response.

 

Preventing RFEs

While not all RFEs are avoidable, strong initial petition preparation significantly reduces the risk. Petitioners should:

• Submit detailed job descriptions
• Include documentation of actual work products, training materials, or client deliverables
• Provide evidence of company operations and control
• Align the petition with USCIS definitions and regulatory requirements

RFEs in L‑1 cases are common but manageable with thorough, timely, and well-organized responses. Understanding why USCIS issues RFEs and how to prepare for them can make the difference between a successful visa petition and a denial. Employers should work closely with immigration counsel to prepare strong petitions and respond effectively to any USCIS inquiries.

 

L-1 Blanket Petitions Explained

For large multinational companies, filing a separate petition for each employee transfer can become repetitive and time-consuming. To reduce this burden, USCIS offers the L-1 blanket petition, which allows qualifying companies to transfer multiple eligible employees under a single pre-approved framework.

 

What Is an L-1 Blanket Petition?

An L-1 blanket petition is a standing approval issued to a company that meets specific eligibility criteria. Once approved, the employer does not need to file a new Form I-129 with USCIS for each overseas transferee. Instead, the employer completes Form I-129S, which the employee can present directly at a U.S. consulate or, for Canadian citizens, at a port of entry.

This process simplifies filings but does not waive the legal requirements for the employee. Every applicant must independently qualify for L-1A or L-1B status based on their role and company history.

 

Eligibility for Blanket L Approval

A company must meet structural and operational criteria to receive a blanket L designation. Specifically, the petitioner must:

• Have a U.S. office that has been doing business for at least one year.
• Maintain at least three related entities (branches, affiliates, or subsidiaries) abroad and in the U.S.
• Meet one of the following three thresholds:
• Have obtained at least 10 L-1 approvals in the past 12 months.
• Maintain U.S. sales of $25 million or more.
• Employ 1,000 or more U.S. workers.

These requirements are governed by 8 CFR 214.2(l)(4)(i).

USCIS will assess the company’s corporate structure, operational activity, and past use of the L-1 category before granting a blanket petition. If approved, the blanket is valid for three years and can be extended.

 

How Blanket Transfers Work

With blanket approval, an employer does not need to wait for USCIS adjudication for each individual employee. Instead, the company:

1. Prepares Form I-129S and supporting documents for each employee.
2. Provides a copy of the blanket approval notice.
3. Sends the employee to apply for a visa at a U.S. embassy or consulate.

If approved, the employee receives an L-1 visa and can travel to the U.S. to request admission in L-1 status. Employees already in the United States and seeking a change of status or extension must still file through USCIS using Form I-129 referencing the blanket.

 

Employee Eligibility Under a Blanket

Even with blanket approval, each employee must:

• Have worked full time for at least one continuous year in the last three years for a qualifying foreign entity.
• Be coming to the U.S. to perform executive, managerial, or specialized knowledge duties consistent with the L-1A or L-1B classification.

A blanket does not alter the standards USCIS or consular officers use to assess whether the employee meets the visa criteria.

Special Note for Canadian Citizens
Canadian citizens may apply for L‑1 or L‑2 classification directly at a U.S. port of entry or preclearance in Canada under a valid blanket L petition. To do so, they must present:

• A completed Form I‑129S
• The employer’s blanket L petition approval notice (Form I‑797)
• Supporting documentation showing the applicant’s role, qualifications, and employment history

No prior consular appointment is needed, and the case is reviewed in real time by a U.S. Customs and Border Protection (CBP) officer.

 

Duration and Extensions

Blanket approvals are initially valid for three years and can be renewed. Employees entering under a blanket are subject to the same time limits as regular L-1 petitions:

• L-1A: Up to 7 years total stay
• L-1B: Up to 5 years total stay

After reaching the maximum stay, the employee must depart the U.S. for at least one continuous year before becoming eligible for a new L-1 petition.

 

Benefits and Risks

The L-1 blanket offers several advantages:

• Efficiency: Faster processing for eligible transferees
• Consistency: Standardized documentation across cases
• Scalability: Supports larger transfer volumes without repeated filings

However, it does not relax eligibility standards. Companies should take care to:

• Ensure accurate and consistent documentation
• Confirm that employees clearly meet the executive, managerial, or specialized knowledge definitions
• Avoid using blanket filings for cases that may not meet the eligibility threshold, as rejections may affect credibility

 

L-1 to Green Card – The EB-1C Pathway

The L-1 visa is a non-immigrant status, but it provides a direct route to permanent residence through the EB-1C green card category. This pathway is specifically designed for multinational executives and managers who seek to live and work in the United States on a permanent basis.

Unlike other employment-based categories, the EB-1C does not require a labor certification from the U.S. Department of Labor. This makes it faster and more streamlined for qualifying L-1A visa holders who meet the criteria.

 

What Is the EB-1C Green Card?

The EB-1C is part of the first preference employment-based green card category. It is intended for managers and executives who have been employed by a foreign company affiliated with the U.S. petitioner and who are being offered a permanent role in a managerial or executive capacity in the United States.

To qualify, the employee must have worked for the related foreign entity for at least one continuous year in the past three years before filing (or before entering the U.S. if already in L-1A status). The job in the U.S. must also be managerial or executive in nature.

This classification allows for what immigration law refers to as dual intent. An applicant may seek a green card while maintaining valid L-1A status.

 

Eligibility Criteria

The requirements for EB-1C green card status closely parallel those of the L-1A visa, but USCIS scrutinizes the petition more closely.

To qualify, the petitioner must demonstrate:

• The U.S. employer has a qualifying relationship with the foreign entity (parent, branch, subsidiary, or affiliate)
• The foreign company employed the beneficiary outside the U.S. in an executive or managerial position for at least one continuous year within the past three years
• The U.S. job offer is for a permanent position in a managerial or executive capacity
• Both companies are actively doing business

Unlike temporary L-1A petitions, the EB-1C requires a permanent job offer. This is usually demonstrated through an offer letter or internal documentation confirming indefinite employment.

 

Executive and Managerial Roles

The definitions for executive and managerial capacity are taken directly from INA §101(a)(44) and 8 CFR §204.5(j). USCIS looks for substantial evidence that the employee directs major functions of the organization or supervises professional staff, not just day-to-day operational tasks.

Executive roles involve:

• Directing management of the organization or a major part of it
• Establishing goals and policies
• Exercising wide latitude in discretionary decision-making

Managerial roles involve:

• Managing a department, subdivision, or essential function
• Supervising professional employees
• Having authority over personnel decisions
• Controlling day-to-day operations of the managed function

Simply having a high title is not enough. USCIS evaluates what the employee actually does in their position.

 

Filing Process

The EB-1C petition is filed using Form I-140, Immigrant Petition for Alien Worker. The employer is the petitioner, and the employee is the beneficiary.

Key steps include:

1. Form I-140 is submitted with all supporting documentation, including evidence of the qualifying relationship, the employee’s prior experience abroad, and proof of executive or managerial duties.
2. If the priority date is current, the employee may also file Form I-485, Application to Adjust Status, at the same time.
3. If outside the United States, the employee must go through consular processing after I-140 approval.

USCIS evaluates each petition based on a preponderance of the evidence. The documentation should be thorough and consistent with past L-1 filings.

 

Timing and Transition from L-1A to EB-1C

A common question is when an L-1A holder can apply for a green card through EB-1C. There is no mandatory waiting period, but most applicants wait until they have been working in the U.S. for at least a year. This helps demonstrate continued managerial or executive duties in the U.S. role.

It is also important to file before reaching the maximum time limit for L-1A status (seven years). If an I-485 is not filed or pending by that time, the applicant must leave the U.S. unless they change to another status.

 

Adjustment of Status or Consular Processing

L-1A holders in the U.S. may choose to adjust status by filing Form I-485 if their priority date is current. This avoids the need to leave the country for an immigrant visa interview. If abroad, consular processing is handled through the National Visa Center and a U.S. embassy or consulate.

The applicant may remain in L-1A status while the green card is pending. If the I-140 is denied, they may continue to work under their non-immigrant status as long as it remains valid.

 

Dependents

Spouses and children under 21 can apply for permanent residence as derivative beneficiaries of the EB-1C petition. If adjustment of status is filed in the U.S., they submit separate I-485 applications. If consular processing is used, they attend a visa interview at the appropriate U.S. consulate.

Spouses and children do not need to qualify independently under EB-1C but must be eligible for immigration based on their relationship to the primary beneficiary.

 

Common Mistakes and How to Avoid Them

Even well-prepared L-1 petitions can be delayed or denied due to avoidable errors. U.S. Citizenship and Immigration Services (USCIS) closely examines whether every legal and procedural requirement is satisfied. Inconsistent documentation, unsupported job descriptions, and poor recordkeeping often lead to Requests for Evidence (RFEs), rejections, or denials.

This section outlines some of the most common mistakes made by employers and applicants, and provides guidance for avoiding them.

 

Inadequate Evidence of Qualifying Employment

One of the most frequently cited issues in L-1 denials is the lack of clear documentation showing the beneficiary worked for the foreign entity in a qualifying role for at least one continuous year within the past three years. USCIS does not accept vague or unsupported claims. Pay slips, tax records, detailed job descriptions, and signed employment letters must all align to demonstrate the employee was full time, continuously employed, and performing executive, managerial, or specialized knowledge duties.

When time in the U.S. is involved, petitioners must adjust the three-year lookback period accordingly. Time spent physically in the U.S. cannot count toward the one-year foreign employment requirement, and USCIS expects documentation to show this has been correctly calculated.

 

Job Duties Are Too Generic or Do Not Match L-1 Criteria

USCIS evaluates what the employee actually does on a day-to-day basis. Overuse of generic terms like “managed operations” or “oversaw projects” without further detail often leads to RFEs. For L-1A managers, USCIS looks for supervision of professional employees, independent decision-making authority, and responsibility for an essential function. For L-1B specialized knowledge roles, the employee must use proprietary methods or knowledge that is specific to the company.

If duties listed in the U.S. role differ substantially from those performed abroad, the petition may be questioned. A clear link between the foreign and domestic positions must be maintained, and job descriptions must explain how the employee qualifies under the requested classification.

 

Organizational Charts That Do Not Match Job Claims

Organizational charts help USCIS assess whether a claimed manager truly supervises professionals or whether an executive is at a senior level. Charts that are missing, incomplete, or inconsistent with the petition can seriously undermine credibility. For instance, if the chart shows only non-professional staff reporting to the beneficiary, USCIS may conclude that the person is not functioning in a managerial capacity.

Charts should be clearly labeled, include names, titles, and reporting lines, and reflect the real structure at the time of filing.

 

Failure to Establish a Qualifying Relationship

The foreign and U.S. entities must have a qualifying relationship — parent, subsidiary, affiliate, or branch. USCIS will reject petitions that rely on informal partnerships or contractual arrangements. Proper documentation such as stock certificates, articles of incorporation, and shareholder agreements must demonstrate ownership and control. Failing to provide this in a clear and consistent way can lead to denials, especially when the ownership structure is complex or layered.

For newly established entities, USCIS will closely examine whether the company is truly operational. Lease agreements, bank statements, business plans, and evidence of initial hires are typically required.

 

Ignoring the I-94 Expiration Date

Employees often assume that their visa stamp governs their ability to remain in the U.S., but USCIS considers the I-94 record to be the controlling document. Working beyond the expiration of an I-94 without a timely extension request places the individual out of status, regardless of visa validity. Employers must carefully track expiration dates and submit extension requests before the current period of authorized stay ends.

USCIS permits work for up to 240 days after timely filing of an extension, but only if the employee remains with the same employer in the same role. If the I-94 expires before filing, that 240-day protection does not apply.

 

Incomplete or Inconsistent Petition Packages

USCIS expects each element of the petition to support the others. If an employment letter describes one role, but the organizational chart shows something different, or the job duties conflict with payroll data, the case may be flagged for additional review. Internal inconsistencies create doubt about the reliability of the entire filing.

Petitions should be carefully reviewed to confirm that forms, letters, job descriptions, and supporting materials are aligned in content and date. Mismatches, outdated records, and generic descriptions can lead to denials even if the underlying facts are solid.

 

Submitting Insufficient Evidence in Blanket L Cases

Blanket petitions allow for faster processing, but USCIS and consular officers still require proof that the employee qualifies. A frequent error is treating the blanket approval as a waiver of standard requirements. Applicants must still show one year of qualifying employment, provide a detailed Form I-129S, and submit a valid job description that meets L-1A or L-1B criteria.

Embassy officials are authorized to deny individual applications under a blanket if the evidence is lacking. Incomplete packages can result in refusal and loss of time.

 

Failing to Account for Maximum Stay Limits

The L-1A visa has a maximum stay of seven years, and L-1B has a five-year cap. USCIS includes prior time spent in H or L status when calculating eligibility. Companies often overlook this cumulative total when requesting extensions. Once the maximum time is reached, no further extension is permitted unless the individual spends one full year outside the U.S.

Accurate time tracking is necessary, and applicants may be asked to submit past I-94s or passport stamps as evidence of time spent in or outside the country.

 

Avoiding Errors Through Good Practices

To prevent delays and denials, employers should:

• Review USCIS’s official guidance and L-1 policy manual before filing.
• Use precise language when describing job duties.
• Submit full and consistent documentation across all parts of the petition.
• Track expiration dates and file extensions early.
• Maintain records of organizational changes and employee roles.
• Seek legal review for complex structures or new office petitions.

Well-prepared applications that reflect the real nature of the role, demonstrate corporate structure, and align with USCIS expectations are much more likely to succeed.

 

Frequently Asked Questions (FAQs)

1. Can I apply for a green card while on an L-1 visa?
   Yes. The L-1 visa allows for “dual intent,” which means you can apply for permanent residence (a green card) without jeopardizing your L-1 status. L-1A visa holders often qualify under the EB-1C category, which does not require labor certification.
2. Do I need to leave the U.S. if my L-1 visa expires?
   Not necessarily. If your employer files a timely extension petition before your I-94 expires, you may remain in the U.S. and continue working for up to 240 days while the petition is pending. However, if your I-94 has expired and no extension is filed, you must depart the U.S.
3. Can my spouse work in the U.S. on an L-2 visa?
   Yes. L-2 spouses are authorized to work without needing to apply for separate work authorization, as long as their I-94 record shows the L2S designation. This policy change took effect in 2022.
4. How long can I stay in the U.S. on an L-1 visa?
   L-1A visa holders can stay up to 7 years. L-1B holders can stay up to 5 years. These limits include all time spent in the U.S. in L-1 or H status.L-1B holders may change status to L-1A and extend their stay up to 7 years, if they have been performing executive or managerial duties for at least 6 months before filing. The petition must request a change in classification and document that the new role qualifies under L-1A standards.
5. Can I change employers while on an L-1 visa?
   No. The L-1 visa is employer-specific. You may not switch to another company unless the new employer is part of the same qualifying corporate group and files a new petition on your behalf.
6. Does time spent outside the U.S. extend my L-1 maximum stay?
   Potentially. Time spent outside the U.S. may be subtracted from the maximum stay if properly documented. You must keep records of all travel (e.g., passport stamps, flight itineraries) and USCIS will decide whether to recapture that time.
7. Do I need to renew my visa if I travel abroad?
   Only if your L-1 visa stamp has expired. If you still have a valid visa stamp and an approved petition with an unexpired I-94, you may reenter the U.S. without reapplying. If your visa is expired, you’ll need to apply for a new stamp at a U.S. consulate.
8. What happens if my extension is denied but I’ve already overstayed?
   If your L-1 extension is denied after your I-94 has expired, you are considered out of status and must depart the U.S. immediately. Remaining in the U.S. beyond the authorized period can lead to future inadmissibility.
9. Can I work at a client site on an L-1B visa?
   Possibly, but it must comply with USCIS rules. The employer must maintain control and supervision over your work. If you are placed at a third-party site without direct oversight, the petition may be denied.
10. What’s the difference between L-1 and H-1B?
    The L-1 is for intra-company transfers only and does not have a numerical cap. The H-1B requires a U.S. employer to sponsor a foreign worker for a specialty occupation and is subject to an annual cap. Unlike H-1B, the L-1 does not require labor condition applications.

 

Upcoming Change – Visa Integrity Fee (Effective No Earlier Than Oct 1, 2025)
The U.S. government has announced plans to introduce a $250 Visa Integrity Fee for most non‑immigrant visas, including L‑1.

• This fee will be in addition to existing petition and visa fees.
• It will apply only at the time of visa issuance (not USCIS petition filing).
• Implementation details are pending and will be confirmed by the Department of State.
  Until this fee takes effect, L‑1 applicants are not required to pay it. Always check the latest U.S. government announcements before filing.

*IMPORTANT DISCLAIMER AND VERIFICATION NOTICE

⚠️ IMPORTANT DISCLAIMER AND VERIFICATION NOTICE

This document provides general guidance based on available information as of August 2025. Immigration law, USCIS policies, fees, forms, and procedures change frequently and without advance notice.

ALWAYS verify the following directly from official USCIS sources before filing:

• Current filing fees – Check the official USCIS Fee Schedule (Form G-1055) at uscis.gov/g-1055
• Form edition dates – Ensure you’re using the most recent version of Form I-129 and all supporting forms from uscis.gov
• Filing addresses – Verify current service center addresses from official USCIS filing instructions for Form I-129
• Processing times – Check current L-1 processing timeframes at uscis.gov processing times tool
• Policy updates – Review the USCIS Policy Manual Volume 2 (L classifications) and recent policy alerts

*IMPORTANT DISCLAIMER AND VERIFICATION NOTICE

This information does not constitute legal advice. L-1 cases involve complex requirements regarding qualifying relationships, specialized knowledge, executive/managerial roles, and international business operations. Consider consulting with a qualified immigration attorney familiar with current law and practice, especially for cases involving:

• New office petitions (L-1A)
• Specialized knowledge determinations (L-1B)
• Complex corporate structures or ownership changes
• Prior L-1 denials or RFEs
• Transition from L-1 to permanent residence

 

1. USCIS Policy Manual – L-1 Visa Overview
   https://www.uscis.gov/policy-manual/volume-2-part-l-chapter-1
2. USCIS Policy Manual – L-1 Eligibility Requirements
   https://www.uscis.gov/policy-manual/volume-2-part-l-chapter-2
3. USCIS Policy Manual – Qualifying Organizations
   https://www.uscis.gov/policy-manual/volume-2-part-l-chapter-6
4. USCIS Policy Manual – Maximum Stay and Extensions
   https://www.uscis.gov/policy-manual/volume-2-part-l-chapter-10
5. Form I-129 – Petition for a Non-immigrant Worker
   https://www.uscis.gov/i-129
6. Instructions for Form I-129 (PDF)
   https://www.uscis.gov/sites/default/files/document/forms/i-129instr.pdf
7. Form I-907 – Request for Premium Processing Service
   https://www.uscis.gov/i-907
8. Instructions for Form I-907 (PDF)
   https://www.uscis.gov/sites/default/files/document/forms/i-907instr.pdf
9. USCIS – How Do I Request Premium Processing?
   https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing
10. USCIS – Processing Times Tool
    https://egov.uscis.gov/processing-times/
11. eCFR – 8 CFR §214.2(l): Special Requirements for L Visa Classification
    https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2
12. eCFR – 8 CFR §106.4: Premium Processing Fee Regulations
    https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-106/section-106.4
13. USCIS Appendix – Nonimmigrant Categories & EOS/COS Eligibility
    https://www.uscis.gov/sites/default/files/document/policy-manual-resources/Appendix-NonimmigrantCategoriesandEligibilitytoApplyforEOSandCOS.pdf
14. USCIS – L-1A Intracompany Transferee Overview (Extension & General Info)
    https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
15. USCIS – Dependents (L-2) and Employment Authorization Info
    https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager#Dependents