L-1 Intracompany Transfer Visa

L-1 can allow an international organization to transfer qualifying employees from a related foreign operation to the United States.

It is particularly relevant to multinational organizations—and to foreign companies establishing qualifying U.S. operations.

Two classifications sit under the L-1 framework.

L-1A — Executives & Managers

L-1A is for qualifying executives and managers.

The analysis looks beyond the employee’s title.

USCIS considers the actual duties, organizational structure, authority and relationship between the position and the company’s operations.

L-1B — Specialized Knowledge

L-1B applies to qualifying employees who possess specialized knowledge relating to the organization’s interests, products, services, research, equipment, techniques, management or other qualifying aspects of its operations.

Calling someone “indispensable” is not enough.

The evidence should explain what the knowledge is, how it was acquired, why it is special or advanced and how it relates to the U.S. assignment.

The Foreign and U.S. Companies Must Qualify

The organizations generally need a qualifying parent, subsidiary, affiliate or branch relationship and must satisfy the applicable doing-business requirements.

The employee generally must also have completed the required qualifying employment abroad within the relevant three-year period.

USCIS’s current policy guidance identifies the qualifying relationship, ongoing business in the United States and another country, the proposed L-1 role, and at least one year of qualifying foreign employment among the central evidentiary issues. USCIS

Opening a New U.S. Office

L-1A can be particularly important to foreign companies establishing their first U.S. office.

New-office cases have additional requirements.

The organization must show more than an incorporated U.S. entity. The filing can involve evidence of premises, capitalization, business plans, staffing and how the new operation will support the executive or managerial role.

Initial new-office approval is generally limited to one year, after which the company must demonstrate that the U.S. operation has developed sufficiently to support the qualifying role. USCIS

L-1A and EB-1C

Some multinational executives and managers later evaluate EB-1C permanent immigration.

The classifications share concepts but have separate requirements.

An L-1A approval is not an automatic EB-1C approval.

Compare L-1A and EB-1C →