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Immigration Law: L-1 Visas & Statusses

Blackman Law Group

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

  1. L-1A: Intracompany Transferee – Executive or Manager

    • For executives or managers being transferred to a U.S. office.

    • Initial stay: up to 3 years.

    • Maximum stay: 7 years.

  2. L-1B: Intracompany Transferee – Specialized Knowledge

    • For employees with specialized knowledge of the company’s products, services, or processes.

    • Initial stay: up to 3 years.

    • Maximum stay: 5 years.

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Eligibility Requirements

For the Employee:

  • Must have worked for the company abroad for at least 1 continuous year within the last 3 years.

  • Must be coming to the U.S. to work as a manager, executive, or specialized knowledge worker.

For the Employer:

  • Must have a qualifying relationship with the foreign company (parent, branch, affiliate, or subsidiary).

  • Must be actively doing business in the U.S. and at least one other country.

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Application Process

  1. Employer Files Form I-129 (Petition for Nonimmigrant Worker)

    • Includes proof of qualifying relationship, employee’s role, and company business activities.

  2. Approval by USCIS

    • Once approved, the employee may apply for a visa at a U.S. consulate abroad (if outside the U.S.).

  3. Change or Extension of Status

    • 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

  • Spouse and children under 21 may apply for L-2 visas.

  • L-2 spouses may apply for work authorization in the U.S.

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Dual Intent

  • 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

  • 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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