L-1A/L-1B Intracompany Transfers

L-1 visas are available for employees transferring from a foreign employer to a U.S. subsidiary of the same company. The foreign and U.S. companies must either have a subsidiary or affiliate relationship or be jointly owned and the employee must have worked for the foreign company for 12 months out of the last 3 years.

To be eligible for an L-1 visa, the employee must either work as a manager or executive (L-1A) or work in a specialized knowledge capacity, with unique or advanced knowledge of the company's products or processes (L-1B).

L-1A visas are valid for up to seven years. L-1B visas are valid for up to five years.

L-1A petitions are for managers and executives and are valid for up to seven years. L-1A petitions also have a related green card pathway - the EB-1C Multinational Manager - making L-1A visas a great option for individuals interested in permanent residency.

L-1B visas are for individuals with specialized knowledge and are valid for up to a maximum of five years. For a successful L-1B petition, an applicant must demonstrate that the employee has proprietary knowledge or other knowledge that is not available in the industry as a whole.

An L-1 Blanket Petition is a petition typically used by large, international organizations to simplify the L-1 application process. Companies that have an approved L-1 Blanket Petition can have their employees apply directly to the consulate for their visas instead of doing so through the U.S. Immigration Service. This will make the application process much faster and smoother.

To qualify for an L-1 Blanket Petition, a US company must: 1) have operated an office in the US for at least one year; 2) have at least three or more branches, subsidiaries, or affiliates and be actively in business; and 3) have at least $25 million in annual revenue, employ over 1000 employees, or have at least 10 approved individual L-1 petitions in the past calendar year.

The application process for an L-1 visa depends on whether your sponsoring company is a smaller organization and files an individual L-1 petition or has an L-1 blanket petition, which allows for expedited processing at the U.S. consulate. In either case, the petition must be sponsored by the employee's prospective U.S. employer. It is not possible to apply for an L-1 visa on your own.

The first step for individual L-1 petitions is to file a Form I-129 petition with the USCIS. Once approved, the employee may schedule an appointment at the U.S. consulate to obtain an L-1 visa stamp in their passport.

If you are with a large employer, it is likely that your company has an L-1 blank petition. This allows you to apply for your L-1 visa directly at the U.S. consulate and skip filing a Form I-129 petition with the USCIS. Here, a consular officer will review your visa petition during your interview and advise whether your petition has been approved.

In recent years, L-1 visas have been heavily scrutinized and approval rates have dropped. This is especially the case for L-1 Individual petitions filed with the U.S. Citizenship and Immigration Services. For example, in 2022, the USCIS approved only 83.6% of L-1 petitions filed, and more than 36% of all petitions received a Request for Evidence (RFE) from the USCIS. Of the cases that received an RFE, only 65.1% were approved.

L-1 blanket applications have a much higher chance of approval, as the approved L-1 blanket application from the company serves as a sort of "pre-approval" at the consulate.

If you have an L-1A visa, you can stay in the USA for up to seven years. If you have an L-1B visa, you can stay in the USA for up to five years.

Yes, L-1 visas are "dual intent", which means that you can hold an L-1 visa and apply for permanent residency and a green card at the same time.

Depending on the type of L-1 visa you have - L-1A or L-1B, there are different green card options that could be available to you. Typically, L-1A visa holders are good candidates for an EB-1C Multinational Manager green card application. L-1B visa holders often choose a PERM-based green card option in the EB-2 and EB-3 categories.

To discuss which green card option would be most appropriate given your immigration background, don't hesitate to schedule a consultation.

Yes, if you have an L-1 visa, it is possible to apply for L-2 visas for your dependent family members, such as your spouse and children under the age of 21.

To apply for an L-2 visa, your dependents must go to the U.S. consulate with a copy of your L-1 approval notice (or stamped I-129S if you have a blank L-1) and their marriage certificate or birth certificate to prove their relationship to you.

If your dependents are already in valid status in the U.S., they can apply for a change of status to L-2 by filing Form I-539 with the USCIS.

Yes, spouses of L-1 visa holders receive an L-2 status. The children of L-1 visa holders also receive L-2 status, but unfortunately no work permit. However, L-2 children may go to school or study in the USA.