Understanding the L-1 Visa: A Complete Guide for Professionals and Employers
An L-1 visa allows qualified non-immigrant employees to live and work in the United States under L-1 status. Typically valid for one to five years, the exact duration depends on the applicant’s nationality and the U.S. Department of State’s reciprocity schedule with their home country. With approved extensions, an L-1 visa holder may remain in the U.S. for up to seven years. Below, the immigration attorneys at Green Card Link explain the essentials of this important visa category.
What Is an L-1 Visa?
The L-1 visa is designed for employees of international companies that operate both in the United States and abroad. It enables eligible workers to transfer to a U.S. office of the same company if they have been employed by the organization abroad for at least one continuous year within the last three years.
To qualify, the U.S. and foreign employers must have a valid relationship in one of the following forms:
- Parent company and subsidiary
- Headquarters and branch office
- Sister companies under the same parent ownership
- Affiliates owned by the same individual(s) in similar proportions
Spouses and dependent children under 21 may accompany L-1 visa holders under L-2 status. Spouses with an L-2 visa may work freely in the U.S. The L-1 visa also supports dual intent, meaning holders can pursue lawful permanent residency (a green card) without jeopardizing their non-immigrant status.
L-1 Visa Categories
There are two main subcategories of the L-1 visa:
- L-1A Visa for Executives and Managers – Valid for up to seven years and ideal for professionals overseeing major functions or departments.
- L-1B Visa for Employees with Specialized Knowledge – Granted for up to five years for individuals who possess unique expertise essential to the company’s operations.
After the five- or seven-year limit, the visa holder can only reapply for L-1 status after working abroad for at least one year with the same company’s qualifying branch, affiliate, or subsidiary.
L-1 Visa FAQs
What Are the Benefits of an L-1 Visa?
The L-1 visa offers numerous advantages:
- Legal employment in the U.S. with a parent, subsidiary, affiliate, or branch of your overseas employer.
- Freedom to travel within and outside the U.S. during your authorized stay.
- Family benefits: Spouses and dependent children under 21 can join you in the U.S.; spouses can work, and children can attend school (though they cannot work).
- Path to permanent residence: You may apply for a green card while maintaining your L-1 status.
- No educational requirement: Unlike the H-1B visa, the L-1 visa does not require a bachelor’s degree.
- Business expansion flexibility: L-1A visa holders can establish new U.S. offices or branches, initially valid for one year with options for extension.
- No job creation pressure: L-1A visa holders are not subject to the employment-creation requirements of the EB-5 visa.
- Premium processing: Applicants can opt for expedited processing within 15 days.
- EB-1C eligibility: L-1A visa holders seeking permanent residency may qualify for the EB-1C green card without undergoing the complex labor certification process.
What Type of Company Qualifies for an L-1 Visa?
Any company—regardless of industry—may qualify for the L-1 program if it maintains a qualifying relationship between its U.S. and foreign entities (parent, branch, subsidiary, or affiliate).
How Long Does It Take to Process an L-1 Visa?
Under standard processing, L-1 visa approval typically takes two to five months. However, applicants may choose premium processing for a faster turnaround—often within 15 calendar days.
What Is Premium Processing and How Much Does It Cost?
Premium processing is an optional USCIS service that expedites case review for an additional $1,440 fee, on top of the standard $460 filing fee. This guarantees that the petition will be processed within 15 days or the additional fee will be refunded.
Can I Change Jobs Under an L-1 Visa?
L-1 visa holders may transfer between related entities—such as branches or subsidiaries—within the same corporate group. However, they must notify USCIS or coordinate with an immigration attorney at Green Card Link before making any change.
To work for an unrelated company, a new visa application is required. L-1 visa holders may not engage in part-time or freelance work for other employers.
What About Dependents?
L-1 dependents (spouse and children under 21) are eligible for L-2 visas, which carry the same validity as the principal L-1 visa. L-2 spouses can apply for work authorization, while children may study in the U.S.
Is There an Annual Cap on L-1 Visas?
No. Unlike the H-1B visa, the L-1 visa has no annual quota or lottery system. However, those wishing to transition from L-1 to H-1B status would be subject to H-1B’s numerical limits.
Can Business Owners Apply for an L-1 Visa?
Yes. Entrepreneurs and investors who own or manage international businesses can apply for an L-1A visa to establish or oversee a U.S. branch. After one year of successful operation, they may qualify for an EB-1C green card, offering a path to permanent residency.
Does an L-1 Visa Lead to a Green Card?
While the L-1 visa itself does not automatically grant a green card, it provides a direct pathway.
Executives and managers who have worked abroad for at least one year in the past three years for the same organization can apply for an EB-1C immigrant visa. This category allows them to skip the labor certification process, streamlining their route to permanent residence.
However, applicants must meet all eligibility requirements, including having spent one qualifying year working abroad before their petition.
Understanding the L-1 Visa Process: Common Questions Answered by Immigration Attorneys at Green Card Link Can You Travel to the U.S. on a Visitor Visa While an L-1 Visa Petition Is Pending?
Yes, you can enter the United States on a visitor visa while your L-1 visa petition is being processed. However, you cannot engage in paid employment or work-related activities unless you possess a valid visa that permits such activity, such as a B-1 in lieu of L-1 visa.
Required Documentation for L-1A Visa to Open a U.S. Office or Branch
To obtain an L-1A visa for establishing a new office in the U.S., you must present the following documentation:
- Proof of Office Space – Show ownership or a signed lease agreement for a physical location large enough to house the new office.
- Proof of Employment History – Evidence that the employee has served in an executive or managerial position for at least one continuous year within the last three years. In some cases, foreign tax records may be required.
- Comprehensive Business Plan – A detailed plan demonstrating that the new office will support a managerial or executive role within one year of operations.
- Investment Evidence – Documentation showing the amount of capital investment and the foreign company’s financial capability to operate in the U.S. and pay the L-1 employee.
- Corporate Structure – An organizational chart showing the foreign company’s hierarchy and employee roles.
How Much Capital Is Required to Start a U.S. Subsidiary?
There is no minimum capital requirement set by law for starting a U.S. subsidiary. The investment amount should be appropriate and customary for your industry and sufficient to support business operations.
How to Prove Ownership Between the U.S. and Foreign Companies
The shareholder register is the most reliable way to demonstrate ownership, as it lists all outstanding shares. Each company in the ownership chain should provide an updated shareholder record stored in the corporate minute book to verify the qualifying relationship.
What Happens If You Lose Your Job While on an L-1 Visa?
If you are terminated while holding an L-1 visa, your visa status ends immediately since there is no grace period. You must quickly secure employment from another U.S. employer willing to sponsor an H-1B visa, though this is subject to an annual cap. If no alternative visa is secured, you will need to depart the United States immediately.
Alternatively, you may apply to change your visa status to a B-1 or B-2 visa to extend your stay temporarily.
L-1 Visa Fees and Associated Costs
1. USCIS Filing Fee
The L-1 application begins with filing Form I-129 with USCIS. The filing fee is $460, paid by the U.S. employer. This fee applies for initial applications, status extensions, or status changes.
Dependents applying for or extending L-2 visas must file Form I-539, which costs $370. However, dependents applying through a U.S. embassy or consulate abroad are not required to file Form I-539.
Canadian citizens can apply directly at a Port of Entry and are exempt from the USCIS I-129 filing fee. Instead, they must pay $825, which covers both the Fraud Prevention and Detection Fee and processing costs.
2. Visa Application Fee
After USCIS approves Form I-129, applicants must complete Form DS-160 through the U.S. Department of State and pay a $190 visa application fee.
This applies only if you are applying for the visa outside the U.S. Canadian citizens applying at a Port of Entry are exempt from this fee.
3. USCIS Fraud Prevention and Detection Fee
A $500 Fraud Prevention and Detection Fee is required for first-time L-1 applications or when changing employers. The U.S. petitioner must pay this fee. It is not required for L-1 extensions.
4. Public Law 114-113 Fee
Some petitioners must pay an additional $4,500 fee under Public Law 114-113. This applies when a company employs more than 50 workers in the U.S., and over half of those employees hold L-1 or H-1B status. The fee applies to initial petitions or employer changes.
5. Business Plan Preparation
A comprehensive business plan is a critical component of every L-1 petition. The cost varies depending on the service provider assisting the petitioner. The U.S. petitioner typically covers this fee.
6. Business Entity Formation
If you are opening a new U.S. office under an L-1 new office petition, the company must establish a legal entity such as an LLC or corporation. The U.S. company is responsible for paying all entity formation costs.
How Immigration Attorneys at Green Card Link Can Help
The L-1 visa process is highly beneficial for multinational companies but can be complex to navigate. At Green Card Link, its immigration attorneys assist clients in every step — from preparing documentation and filing petitions to handling business formation and compliance.
If your employment circumstances change, the immigration attorneys at Green Card Link can help you explore available options, such as changing visa categories, transferring to another employer, or maintaining lawful U.S. status.