
Immigration Law: L-1 Visas & Statusses

Practice Areas
Discrimination Law
Immigration Law
Civil Litigation
Overview of L-1 Visas
The L-1 visa is a non-immigrant visa that allows a U.S. employer to transfer certain employees from an affiliated foreign office to a U.S. office. It is primarily used by multinational companies to bring executives, managers, or employees with specialized knowledge to the U.S.
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Types of L-1 Visas
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L-1A: Intracompany Transferee – Executive or Manager
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For executives or managers being transferred to a U.S. office.
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Initial stay: up to 3 years.
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Maximum stay: 7 years.
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L-1B: Intracompany Transferee – Specialized Knowledge
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For employees with specialized knowledge of the company’s products, services, or processes.
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Initial stay: up to 3 years.
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Maximum stay: 5 years.
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Eligibility Requirements
For the Employee:
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Must have worked for the company abroad for at least 1 continuous year within the last 3 years.
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Must be coming to the U.S. to work as a manager, executive, or specialized knowledge worker.
For the Employer:
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Must have a qualifying relationship with the foreign company (parent, branch, affiliate, or subsidiary).
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Must be actively doing business in the U.S. and at least one other country.
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Application Process
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Employer Files Form I-129 (Petition for Nonimmigrant Worker)
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Includes proof of qualifying relationship, employee’s role, and company business activities.
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Approval by USCIS
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Once approved, the employee may apply for a visa at a U.S. consulate abroad (if outside the U.S.).
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Change or Extension of Status
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If already in the U.S. under a different status, the employee may file to change status to L-1.
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Family Members
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Spouse and children under 21 may apply for L-2 visas.
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L-2 spouses may apply for work authorization in the U.S.
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Dual Intent
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L-1 visas are dual intent, meaning the holder can apply for a green card (permanent residency) while on L-1 status without jeopardizing their visa.
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Key Notes
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Blanket L-1 Petition:
Large multinational companies can apply for a blanket approval, streamlining the process for multiple employees. -
Specialized Knowledge:
L-1B criteria are stricter and more scrutinized than L-1A. -
Portability:
Employees can transfer within the same company, but changing employers requires a new L-1 petition.
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