L1 Visa Intra Company Transfer USA

Index

• L-1 Visa Explained: Intra-Company Transfer to the U.S. (L-1A & L-1B Guide 2025)
• What Is the Difference Between the L-1A and L-1B Visa?
• L-1 Visa Requirements and Eligibility Criteria
• L-1 Visa Application Process (Step-by-Step Guide 2025)
• Need help with your L-1 visa application?
• L-2 Dependent Visa (For Spouse and Children)
• Obtaining a Green Card Through the L-1 Visa
• L-1A/B Visa Compared to E-2 and O-1 Visas
• L-1 Visa Frequently Asked Questions (FAQ)
• Consult an Experienced L-1 Visa Attorney
• Why Choose Gozel Law Firm?
• Get an L-1 Visa Eligibility Evaluation

L-1 Visa Explained: Intra-Company Transfer to the U.S. (L-1A & L-1B Guide 2025)

The L-1 visa is a U.S. work visa that allows an international company to transfer a manager, executive, or specialized knowledge employee from one of its foreign offices to a related branch, subsidiary, or affiliate in the United States.

This visa is officially issued by the U.S. Citizenship and Immigration Services (USCIS) and is commonly referred to as the “Intra-Company Transfer Visa.”

There are two main categories: the L-1A visa is for executives and managers who oversee company operations, make strategic decisions, and supervise professional staff. The L-1A visa holders may later qualify for a green card under the EB-1C category. The L-1B visa is for employees with specialized knowledge of the company's products, services, or technology who play a key role in transferring that expertise to the U.S. branch.

The L1 visa USA is one of the most efficient options for multinational companies expanding into the American market and for entrepreneurs opening a new U.S. office.
It’s a preferred pathway for many business owners and executives seeking to work and reside legally in the United States.

(For personalized assistance, our New Jersey L1 visa attorneys guide both corporate and individual applicants through every step of the process.)

What Is the Difference Between the L-1A and L-1B Visa?

Both L-1A and L-1B visas are used for intra-company transfers that allow foreign employees to work in the United States.
However, the two categories differ in the employee’s role, job responsibilities, and the pathway to permanent residence (Green Card).
The table below highlights the main distinctions between the L-1A and L-1B visas:

Note: The L-1A category includes "functional managers," or individuals who oversee a function, budget, or process rather than direct personnel. However, USCIS typically does not categorize "hands-on" operational managers as executives. To qualify as a true manager or executive, the applicant must demonstrate strategic authority, budget control, and decision-making capacity.

L-1 Visa Requirements and Eligibility Criteria

The L-1 visa requires both the U.S. employer and the transferred employee to meet specific criteria.
USCIS evaluates these requirements under two main categories: Employer Requirements and Employee Requirements.

1. Employer (Company) Requirements

To qualify for an L-1 visa, the sponsoring company must meet the following conditions:

Qualifying Relationship

The U.S. and foreign entities are required to demonstrate active and ongoing commercial operations.
This relationship can take one of the following forms:

• Parent company

• Branch office

• Subsidiary

• Affiliate (joint ownership or control)

This connection must be documented through corporate records, ownership documents, or shareholder agreements to prove the companies operate under the same organizational structure.

Active Business Operations (Doing Business)

According to USCIS’s “doing business” requirement, both the U.S. and foreign entities must be actively engaged in regular, systematic, and continuous commercial activities.
Paper-only or inactive entities are not considered eligible.
Evidence such as contracts, revenue statements, tax filings, and payroll records is often required to demonstrate ongoing operations.

Comprehensive Business Plan and Operational Structure

If the U.S. company is newly established, it must submit a detailed business plan outlining its:

• Future growth strategy

• Financial capacity

• Hiring projections

• Organizational chart and management structure

This helps USCIS assess whether the new U.S. entity can sustain managerial or specialized positions within one year.

2. Employee (Applicant) Requirements

The employee being transferred under the L-1 visa must meet the following conditions:

• Must have worked at least one continuous year within the past three years for the foreign company in an executive, managerial, or specialized knowledge capacity.

• The foreign and U.S. entities must belong to the same qualifying organization.

• Upon transfer, the employee must be in a position of the same capacity, either as an executive or manager (L-1A) or as a specialized knowledge employee (L-1B).

• The role must entail genuine management or expertise responsibilities; a title alone is insufficient.

• The applicant should supervise at least 3-4 professional employees or manage a key business function or department.

These criteria ensure that the employee is genuinely being transferred under an intra-company structure, not as a new hire.

3. Required Documents and USCIS Forms

The most important document in the L-1 visa process is Form I-129 (Petition for a Nonimmigrant Worker), submitted by the U.S. employer to USCIS.
The form must specify whether the petition is filed under L-1A (Executive/Manager) or L-1B (Specialized Knowledge).

Additional supporting documents include:

• Evidence of the corporate relationship (e.g., incorporation documents, share certificates, or affiliate agreements)

• Detailed job description, salary records, and proof of the employee’s role in the foreign company

• U.S. office documentation, such as lease agreements, bank statements, and business registration

• Comprehensive business plan, organizational chart, and staffing list

Official Resources:

• USCIS: L-1A Intracompany Transferee Executive or Manager

• USCIS: L-1B Intracompany Transferee Specialized Knowledge

L-1 Visa Application Process (Step-by-Step Guide 2025)

The L-1 visa application process begins when a U.S. company formally petitions to transfer a qualified employee from a foreign office to the United States.
Applications can be filed either from within the U.S. (Change of Status) or from abroad (Consular Processing).
Below is a step-by-step overview of how the L-1 visa process works:

1. Preparing and Filing Form I-129

First, the U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with USCIS.
The form officially petitions on behalf of the employee and is reviewed under the L-1A or L-1B visa criteria.

Supporting documents typically include:

• Evidence of the qualifying corporate relationship (parent, branch, subsidiary, or affiliate)

• A detailed job description, employee’s professional background, and salary documentation

• U.S. office registration documents, lease agreements, and bank or activity records

• A clear business plan and organizational chart

Premium Processing Option: Employers can request Premium Processing by paying an additional fee, which guarantees a decision within 15 business days (per the 2024 USCIS update). If USCIS issues a Request for Evidence (RFE), the 15-day clock restarts upon submission of the additional documents.

2. New Office Applications

If the U.S. office is newly established, the case is filed under a "New Office" L-1 petition.
In this scenario, the company must:

• Lease a physical office space (home offices or virtual addresses are not accepted),

• Present a realistic plan for hiring and business operations,

• Demonstrate sufficient funding to support the U.S. branch.

USCIS typically grants a one-year initial approval for new offices, which can later be extended once the company becomes fully operational.

Large multinational companies may qualify for a Blanket L Certification, which is a pre-approved framework that allows them to file directly with a U.S. consulate using Form I-129S. This simplifies the process for future employee transfers.

3. USCIS Review and Decision

Once submitted, USCIS will review the petition and issue one of three possible outcomes:

• Approval Notice (Form I-797)

• Request for Evidence (RFE)

• Denial

A well-documented petition can often be approved within a few weeks.
Without Premium Processing, the standard processing time ranges from 2 to 5 months, depending on the service center.

4. Consular Processing (Applying from Outside the U.S.)

If the employee is outside the United States, the approved petition is sent to the National Visa Center (NVC) and then forwarded to the relevant U.S. consulate.
During this stage:

• The applicant completes the DS-160 online form,

• Schedules a visa interview appointment, and

• Submits the Form I-797 approval notice along with supporting documentation at the interview.

Once approved, the L-1 visa is stamped in the employee’s passport, authorizing entry and employment in the United States.

5. Change of Status (Within the U.S.)

If the employee is already in the United States under a different status (such as F-1 or H-1B), the employer can request a Change of Status within the same Form I-129 petition.
Once approved, the applicant’s status automatically converts to L-1 without needing to leave the country.
However, If the employee travels abroad afterward, they must obtain a visa stamp at a U.S. consulate before re-entry.

The L-1 visa process requires a carefully documented petition and clear evidence of the company’s structure, employee’s qualifications, and operational intent.
USCIS approval often depends on how well the petition demonstrates both qualifying relationship and managerial or specialized capacity.

Need help with your L-1 visa application?

Our experienced L-1A and L-1B visa attorneys in New Jersey assist executives, managers, and specialized employees with every step of the process, from preparing Form I-129 to obtaining USCIS approval and completing consular processing.

Contact Gozel Law Firm to consult with an experienced L-1A visa immigration attorney in New Jersey or an L-1B visa immigration attorney in New Jersey today.

Average L-1 Visa Processing Times (2025)

Note: Processing times may vary depending on the workload of the USCIS service center and consulate.
Employers may request premium processing for faster adjudication within 15 business days. However, this only expedites the review process and does not guarantee approval.

L-2 Dependent Visa (For Spouse and Children)

The L-2 dependent visa allows the spouse and unmarried children (beneficiaries) of L-1 visa holders to live in the United States during the principal applicant’s assignment.
This dependent visa category helps maintain family unity and allows L-1 employees to relocate with their families.

L-2 Spouse Work Authorization

L-2 spouses are eligible to work in the United States by obtaining an Employment Authorization Document (EAD).
However, since 2022, USCIS has granted automatic work authorization to eligible L-2 spouses.

If the spouse’s I-94 record includes the code "L-2S", they are authorized to work without applying for an EAD card.
Some employers may still request the physical card as part of HR procedures, so many applicants choose to file Form I-765 (Application for Employment Authorization) voluntarily.

L-2 spouses can:

• Work full-time or part-time in any industry

• Start their own business

• Obtain a Social Security Number (SSN)

L-2 Children’s Rights

Children under 21 holding L-2 status may:

• Study at U.S. schools or universities without changing to an F-1 student visa,

• Maintain lawful dependent status throughout the parent’s L-1 validity period.

However, L-2 children cannot work in the United States, and in-state tuition eligibility (discounted tuition for residents) varies by state.

L-2 Visa Duration

 The L-2 visa's validity is directly linked to the status of the L-1 visa holder.

• If the L-1A visa is valid for 7 years, the spouse and children’s L-2 visas remain valid for the same period.

• If the L-1B visa is valid for 5 years, the dependents’ status mirrors that timeframe.

How to Apply for an L-2 Visa

Once the L-1 visa is approved, the spouse and children can apply for their L-2 visas through the U.S. consulate in their home country.

Required documents include:

• Copy of the Form I-797 (L-1 Approval Notice)

• Marriage certificate (for spouse) or birth certificate (for children)

• DS-160 form and visa appointment confirmation

• Passport and visa photographs

During the visa interview, family members must demonstrate their dependent relationship to the principal L-1 visa holder.

Obtaining a Green Card Through the L-1 Visa

The L-1 visa USA offers one of the most efficient pathways to U.S. permanent residency (Green Card) for professionals who wish to live and work in the United States long term.
The process for transitioning from an L-1 visa to a Green Card depends on whether the applicant holds L-1A or L-1B status.

L-1A Visa to Green Card (EB-1C Category):

L-1A visa holders, who are executives and managers of multinational companies, are eligible to apply for a green card under the EB-1C (Multinational Manager or Executive) category.

Unlike most other employment-based Green Cards, this category does not require the PERM Labor Certification process.
This makes the application process generally faster and less bureaucratic than EB-2 or EB-3 cases.

Important: Before filing an EB-1C petition, both the U.S. and foreign offices must have a sufficient number of employees and an established organizational structure. USCIS evaluates the legitimacy of the managerial position based on the scale and hierarchy of the company.

The Visa Bulletin is updated monthly and indicates when Green Card applications can be processed.
EB-1 categories are often listed as "current", meaning no waiting period, but cut-off dates may appear when annual country quotas are reached. Monitoring the Visa Bulletin ensures accurate timing for your application.

Family members (spouse and children) may also be included in the Green Card application under the same EB-1C category.

L-1B Visa to Green Card (EB-2 or EB-3 Categories)

L-1B visa holders are not eligible to apply directly under EB-1C, as it is reserved for executives and managers.
However, they can apply for a Green Card through employer sponsorship in either the EB-2 (Advanced Degree / Exceptional Ability) or EB-3 (Skilled Worker / Professional) categories.

The process typically involves:

1. The employer completing the PERM Labor Certification process, proving that no qualified U.S. worker is available for the position.

2. Filing Form I-140 (Immigrant Petition for Alien Worker) once the labor certification is approved.

Advantages for L-1B holders:

• You can apply for a Green Card while maintaining your L-1 status (dual intent).

• If filed before the L-1B visa expires, your legal status remains valid until a final decision is made.

L-1A/B Visa Compared to E-2 and O-1 Visas

Many foreign professionals and business owners compare the L-1 visa to the E-2 investor visa or the O-1 extraordinary ability visa when considering U.S. work and residency opportunities.
While all three visas allow for professional work authorization, they differ significantly in purpose, eligibility, and path to a green card.

L-1 vs E-2 Visa (For Investors and Business Owners)

Important: If you own or manage a business abroad and plan to open a U.S. branch, the L-1 visa is more suitable.
If you intend to start a new business or franchise in the U.S., the E-2 visa may be a better fit.

For detailed information, read our E-2 Investor Visa Guide - Gozel Law Firm.

L-1 vs O-1 Visa (For Highly Skilled or Recognized Professionals)

Important: The O-1 visa focuses on individual achievement, while the L-1 visa depends on a corporate structure and employment relationship.
L-1A is ideal for company executives or business owners, while O-1 is better suited for professionals who have received international recognition or awards.

For more information, visit our O-1 Extraordinary Ability Visa Guide - Gozel Law Firm.

L-1 Visa Frequently Asked Questions (FAQ) 

How long does it take to get an L-1 visa?

The typical USCIS processing time is two to five months.
Employers may request premium processing, which provides a decision within 15 business days. However, this only expedites the review, approval is not guaranteed.
If you apply through a U.S. consulate, the total processing time averages two to three months.

Can I get a Green Card through the L-1 visa?

Yes. L1A visa holders may apply for permanent residency under the EB-1C (Multinational Manager or Executive) category, no PERM Labor Certification is required.
L1B holders can apply for a Green Card through employer sponsorship in the EB-2 or EB-3 categories.

Can a newly established company apply for an L-1 visa?

Yes, but "New Office" petitions have additional requirements. Typically, USCIS grants an initial approval for one year, during which the company must demonstrate the following:

- active operations,
- U.S. employee hiring, and
- a realistic growth plan. Once these requirements are met, the L-1 visa can be extended.

Can the L-1 visa be extended?

Yes. L-1A visa holders can stay in the United States for up to seven years in total. In contrast, L-1B visa holders are limited to a maximum of five years.
Initial approval is typically granted for three years, with extensions granted in two-year periods as long as the company remains active.

Can I switch from L-1B to L-1A?

Yes. If an L1B employee is promoted to a managerial or executive role, they can file a Change of Status to L-1A, which also opens the door to an EB-1C Green Card.

Can I work outside of the U.S. while holding an L-1 visa?

Short-term business trips abroad are permitted. However, extended stays outside the U.S. may be interpreted as a weakening of your intent to be employed and reside here. Be sure to update your I-94 record upon re-entry.

Is there a salary requirement for the L-1 visa?

There is no "prevailing wage requirement" like in H-1B petitions. However, USCIS expects the offered salary to be appropriate to the role and company size. Unreasonably low wages can trigger a Request for Evidence (RFE) or even denial.

Can I change employers on an L-1 visa?

No. The L-1 visa is employer-specific and tied to a particular corporate relationship. If you wish to work for another company, that employer must file a new L-1 petition (Form I-129).

What should I do if my L-1 visa is denied?

If it is denied, the employer can file a motion to reopen or appeal with U.S. Citizenship and Immigration Services (USCIS), or submit a new petition correcting prior deficiencies. Most denials occur due to insufficient corporate documentation, weak job descriptions, or inadequate proof of the qualifying relationship.

Consult an Experienced L-1 Visa Attorney

L-1 visa cases require precise documentation and a clear demonstration of corporate structure and employee qualifications.
Even minor inconsistencies in the business plan or job description can result in delays or denials.

At Gozel Law Firm, our New Jersey L-1 visa attorneys provide comprehensive representation for both L-1A executives/managers and L-1B specialized knowledge employees.
We have successfully helped hundreds of businesses and professionals secure approvals under current USCIS standards.

Our team will:

• Analyze your company structure and determine the right L-1 visa category

• Prepare a complete Form I-129 petition that meets USCIS criteria

• Develop your EB-1C Green Card transition strategy

• Guide you through each stage, from petition to visa issuance

Why Choose Gozel Law Firm?

• Bilingual support by Turkish L-1 visa lawyers (English & Turkish)

• Extensive experience in New Jersey, Newark, and New York City

• Proven success in L-1A and L-1B visa approvals and EB-1C transitions

• Transparent communication and responsive legal guidance

Get an L-1 Visa Eligibility Evaluation

Are you planning to open a U.S. branch, expand your company, or transfer employees to the United States? Start with a personalized consultation.

Fill out our L-1 Visa Evaluation Form, or contact us directly at info@gozellaw.com.