Scenario: A software company in Germany wants to transfer one of its senior team leads to help launch a U.S. office in Austin, Texas. The employee manages five engineers but also spends time on hands-on product work. The company isn’t sure whether this qualifies under the L-1A visa for managers or the L-1B for specialized knowledge staff. Their legal team needs to determine which classification applies and how to present it in the petition.
In cases like this, it’s essential to consult the correct U.S. government sources. While many websites summarize the visa process, two agencies provide the official rules: the United States Citizenship and Immigration Services (USCIS) and the U.S. Department of State.
U.S. Citizenship and Immigration Services (USCIS)
USCIS is the agency that reviews and approves L-1 petitions. Employers must file Form I-129, which asks them to document the employee’s qualifications and the nature of their role in the U.S. office.
The USCIS website explains who qualifies for L-1A (executives and managers) and L-1B (specialized knowledge workers). It also details how to prepare the petition, what evidence to submit, and how long each visa type is valid.
For precise legal definitions, USCIS publishes the Policy Manual. Volume 2, Part L is where you’ll find how the agency interprets managerial capacity, executive duties, and what counts as specialized knowledge. This section is most useful to employers, HR teams, and immigration counsel building a case.
- USCIS home: https://www.uscis.gov
- L-1A classification: https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
- L-1B classification: https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge
- Form I-129: https://www.uscis.gov/i-129
- USCIS Policy Manual – Volume 2, Part L: https://www.uscis.gov/policy-manual/volume-2-part-l
U.S. Department of State – Foreign Affairs Manual (FAM)
Once USCIS approves the petition, most employees must apply for a visa at a U.S. consulate abroad. This part of the process is governed by the Foreign Affairs Manual, which consular officers use to evaluate visa applications.
Section 9 FAM 402.12 outlines how officers determine whether the applicant meets the qualifications set by USCIS. It’s especially useful for employees preparing for a visa interview. For example, if your job combines technical work with management, this section shows how that mix is likely to be interpreted.
- FAM home: https://fam.state.gov
- Section 9 FAM 402.12 (L visa guidance): https://fam.state.gov/FAM/09FAM/09FAM040212.html
Common Misunderstanding
Applicants sometimes rely on general embassy websites or blogs for guidance. These may be helpful, but they don’t reflect the full legal standards. For example, what qualifies as “specialized knowledge” in casual terms may fall short of the legal threshold described in the Policy Manual or FAM. Always use the official documents when preparing your petition or interview.
Other Government Sources
In some cases, it may help to review:
- U.S. Customs and Border Protection (CBP): https://www.cbp.gov/travel/canadian-and-mexican-citizens/traveling-tn-or-l1-visa-canada
- U.S. Department of Homeland Security (DHS): https://www.dhs.gov
However, for most employers and applicants, USCIS and the FAM are the authoritative sources for everything from petition preparation to consular review.