Employment-based immigration
L1 Visa Guide: How to qualify and get a visa
L1 visa is a temporary work visa for employees of an overseas company that want to transfer to work in the US. You must work for a foreign company at least 1 year before transfer to the US.
By:
Chelsea Spinos
Reviewer:
Simon Craven, Esq.
8 min read • Feb 11, 2024
Key takeaways
The L1 visa helps companies transfer employees with skills and experience to the U.S.
L1A is for managers and executives and L1B is for employees with specialized knowledge related to their work.
You must work for at least 1 full year for the foreign company before you transfer and the international company must be active with revenue and employees to meet L1 visa requirements.
Your company abroad and the US company must be related to meet L1 visa requirements.
You can transfer from l1 to Green Card EB1C if you'd like to become a US permanent resident.
The L1 visa is a temporary work visa for moving skilled professionals from international organizations to a U.S. company.
To meet L1 visa requirements, the employee must have worked for the foreign employer for at least one year.
There are two different types of of L1 visas:
L1A visa: For Managers and Executives
L1B visa: For individuals with “specialized knowledge” about the company’s products, policies, or procedures
Take our L1 visa quiz to find out.
"Over 72,000 immigrants have successfully applied for L1 visas in 2022"
USCIS, 2022
A parent is a legal entity that owns and controls another entity (subsidiary).
Ownership means the legal right of possession with full power and authority to control.
Control means the right and authority to direct the management and operations of the business entity.
Generally, USCIS considers ownership of more than 50 percent of an organization as evidence of control.
For example, Nestle is the parent company of Gerber and Purina. In this situation, Nestle could transfer an international manager to head a subsidiary Purina office in the U.S.
An affiliate relationship includes entities owned and controlled by the same parent or group. Affiliation can be through ownership, control, or coordinated marketing.
In the example with Nestle above, Gerber and Purina would be affiliates since they are both owned by the same parent company (Nestle).
A branch refers to an operating division or office of the same organization in a different location
The classic example of a “branch” is the structure of a bank. An international bank such as HSBC could have a number of branches that operate as outposts of the main company. In this situation, HSBC could transfer a manager from their headquarters in the UK to run an HSBC branch in the US.
Well, this depends on the nature of the companies. Showing ownership and control for an L-1 relationship might require different types of evidence.
Possible evidence of corporate relationships:
Corporate tax returns
Shareholder agreements
Share certificates
Annual reports
Articles of incorporation
Board resolutions
M&A agreements
JV agreements
Other documents confirming the ownership structure
Another important L1 visa requirement is that a foreign company involved in the L1 visa application – it has to be actively doing business. Doing business isn't just having an office or an agent – it means regularly and consistently delivering goods or services to clients.
Just having an agent or office in the U.S. or abroad doesn't count as doing business. The foreign company must have revenue from clients and have actual employees.
💡 Manifest Tip: If the foreign company stops its operations completely before the visa is issued, you won't qualify for the L1 visa.
Whether you're going for an L1A visa or L1B visa, showing one full year of employment with the foreign company before the transfer is crucial. While it's generally straightforward, there are a few things to keep in mind:
The one full year has to have been within the 3 years period before you apply for the L-1 visa.
You must have been doing the right kind of job (managerial, executive, or specialized knowledge, as defined above) throughout the entire year.
Short trips to the U.S. won't break the one-year period, but they'll add more time that must be spent working abroad to reach a full year.
If you’re already in the U.S. with another work visa (like an H1BH-1B visa), you calculate the year from when you entered the U.S. with that status, rather than the date you apply.
💡 Manifest tip: You can sometimes “mix and match” the roles abroad and in the U.S. (e.g. working as a manager abroad, and transferring to the U.S. to work as a specialist). Your visa category (L-1A or L1B) is determined by the U.S. role. However, if you're opening a new office on an L-1A visa, the experience abroad must be managerial or executive too.
What about a new office?
If your company is venturing into the U.S. for the first time, there's a specific L-1 visa subcategory tailored for that scenario: the "new office" L-1 visa.
This is applicable to a U.S. office that either hasn't opened yet, or has been open for less than one year. While it generally shares the same L1 visa requirements as the other subcategories, there are specific conditions for new offices:
You’ll need to prove you’ll have a physical U.S. office.
This can be shown by a lease or other contract for the space.
Include color photographs of the office, equipment, and other details.
You’ll need to show that the U.S. operation will be active enough to support an executive, managerial, or specialized knowledge role (including employees to manage).
Submit a detailed business plan, financial projections, and a proposed org chart.
Confirm the progress made by filing for an extension after one year.
So, you’ve established that your employer abroad has the right kind of relationship with the U.S. company, and that your foreign business is active and operational with revenue and clients.
The next step is to check if you, as an individual, meet the specific L1 visa requirements. This involves taking a closer look at your past and future job roles.
As we noted earlier, there are two L1 visa types: L-1A and L-1B.
What is an L1A visa?
How to qualify as a manager for L1A visa requirements?
There are two types of managers that can qualify for an L1 visa:
Personnel manager – The kind of manager who manages other people (subordinates), aka “personnel manager”.
Function manager – This kind of manager does not directly supervise or control the work of subordinates, but instead is responsible for managing an essential function within the organization.
What is a “personnel manager”?
Generally, personnel managers are people who oversee and guide the work of other supervisors or managers. The focus here is on the people that you are managing or directing. They should not be just first line workers, but should include other managers and professionals.
Who counts as “managerial” or “professional” employees under my supervision?
Managerial employees manage other workers. In this case, there are multiple layers in the company structure, and you manage people who manage other people. Having an organizational chart with many levels is helpful here.
Professional employees are those whose jobs require them to have a bachelor’s degree, usually related to their work.
How many people do I need to supervise?
There is no set minimum of employees who need to be under your supervision for this L1 visa requirement. However, the more managers, supervisors, and/or professional employees you manage, the better.
The total number will depend on the type of business and roles of the employees involved, but in any case it should be enough to justify the need for a “manager” within the company.
You should be able to show that your job will consist mostly of managing other people, and not doing the day-to-day work of your company.
What is a “function manager”?
Even if you're not overseeing a large team of managers or professionals, you could still count as a “manager” for this L-1 visa requirement. If you manage an essential function or a core activity of your company, you could qualify for the L1 visa as a “function manager”.
What counts as a “function”?
The function is a clearly defined activity (like a head of manufacturing processes for a factory).
The function is essential (that is, a core part of the organization’s business).
What is manager in this context?
A function manager must:
Be someone who primarily manages, as opposed to perform, the function.
You are at a senior level within the organization.
You’re in charge of the function’s day-to-day operations.
How do I show that I manage a function?
Providing a detailed job description on your L1 visa application is pivotal here. Your duties must be clearly managerial, and not include duties that would be considered performing lower-level work. You should also identify the function very specifically. This includes showing what percentage of time you spend performing each duty. You can also include documentation from your company that helps support your case for why your function is so important.
Our experienced L1 visa lawyers at Manifest Law will help you develop and write documentation and evidence that will help meet L1 visa requirements.
How do I qualify as an Executive for an L1 visa?
To qualify as an Executive for an L-1 visa, it’s important to show you have a very high level of responsibility at your company.
This includes:
Managing the organization or a significant part of it directly.
Setting goals and policies for the organization.
Making important decisions independently.
Receiving general supervision from higher executives or the board.
USCIS will want to see that your company has enough professional and managerial staff working under the Executive to handle routine tasks. If this is the case, you can show USCIS that your focus is on supervising and managing your team and organization, not the day-to-day business of the company.
To prove your Executive status for this L1 visa requirement, you can include evidence like:
A letter from the U.S. company detailing your duties and the percentage of time allocated to each task, emphasizing your senior role.
A list of your U.S. subordinate employees, specifying their job roles, education, location, and whether they manage their own teams.
An organizational chart of your department, showing sufficient professional and managerial staff handling routine tasks. Note that smaller companies may face challenges justifying an Executive position.
Copies of contracts or important documents you've signed, showcasing your decision-making authority for the company.
Whether you submit an L1 visa application as an Executive or Manager, USCIS will take a look at the entire context of your work and business to see if you have L1 visa eligibility.
For example, they might consider:
The nature and scope of the company’s business.
The organizational structure, staffing levels, and your position.
Your level of authority.
The responsibilities of other staff, particularly those handling operational and administrative duties.
Any additional factors that show your high-level duties and role in the business.
💡 Tip: Many Executives also may qualify as Managers, which could be an easier L1-A visa case for certain roles.
What is an L1B visa?
The L-1B visa is for individuals with specialized knowledge about the company's products, services, research, systems, or procedures.
“Specialized knowledge” refers to unique knowledge about something important at your company.
This specialized knowledge could be about the company’s:
products
services
research
equipment
techniques
management
any other aspects of the business
Additionally, it may involve having a deep level of expertise in the organization's processes and procedures. The main test for determining "specialized knowledge" is based on whether teaching this knowledge to someone else would be costly.
For the L-1B visa, it depends on whether the U.S. role requires expertise not commonly found in the industry and is too complex to easily teach to a current U.S. employee.
A few ways to demonstrate specialized knowledge include:
Demonstrating proprietary knowledge through agreements, patents, or excerpts from training manuals.
Showing a limited number of individuals within the company possessing this level of knowledge.
Illustrating the connection between the foreign national's knowledge and specific products through company brochures.
Offering evidence of the foreign national's education and training in the relevant industry.
Including newspaper or trade journal articles detailing the unique nature or value of the knowledge.
How long can I stay on an L1 visa?
Let’s now cover the L1 visa duration. This depends on your specific situation:
❗ Note: If you’re the sole or major owner of the company, you’ll need to show that you plan to return home once your work under L-1 visa status ends.
The Form I-129
Form I-129 form is filled by a US based immigration employer that is willing to petition for you to receive a US based visa.
You can download form i-129 here for free.
Your L1 visa petition is filed on Form I-129. It looks like this:
If you are applying from INSIDE THE U.S., you change to L1 status and can start working on the date when your visa petition is approved.
If you are applying from OUTSIDE THE U.S., you will need to make an appointment at the U.S. embassy to get an L1 visa stamp at the consulate after the USCIS petition is approved, and you can then come into the U.S. with that visa to start working in your L1 visa status.
There are two fees associated with your L1 visa application:
L1 visa lawyer fees
Government fees and other costs
L1 visa lawyer cost
When it comes to lawyer fees for an L1 visa, they can vary on who you go to. For a more personalized touch, we suggest checking out smaller law firms that specialize in L1 visas like Manifest Law where our lawyer fees for an L1 visa start at $7,500 and can be paid over 6 months.
USCIS L1 visa cost
Below is a summary of the current government filing fees for the L1 visa (note that all fees are subject to change).
Form I-129
(“Petition for Nonimmigrant Worker”)
Asylum Program Fee
Form I-907
Premium Processing Fee (optional)
DOS Visa Fee
(when getting visa stamp abroad):
Filing Fee: $1,385
of $600. Nonprofit petitioners are exempt from the fee, while small employers (<25) are subject to a reduced fee of $300.
$2,805
$205
Manifest Law©️. Learn more on www.manifestlaw.com
To determine the full L1 visa cost check USCIS here.
Since L1 visa applications can be complex and involve a lot of paperwork, many people find it helpful to work with a lawyer.
Hiring an L1 visa lawyer can help you avoid costly mistakes and increase your L1 visa approval rate. Qualified immigration lawyers know how the L1 visa process works, help you gather the right evidence, and make sure you meet the L1 visa requirements.
Here at Manifest Law, we only work with experienced L1 visa lawyers. If you choose to hire Manifest Law, we offer flexible payment plans stretching up to 6 months, a visa-approved or money-back guarantee (terms apply), and immigration lawyers who are well-versed in the L1 visa process.
How to choose an L1 visa lawyer?
Can I convert from an L1 visa to green card?
What is the difference between L1A vs L1B visas?
Can I convert from an H1B visa to an L1 visa?
How much does an L1A visa cost?
Can I bring my spouse or children with me when I am on an L1 visa?
