The L-1 visa is a nonimmigrant visa that allows multinational companies to transfer certain employees from their overseas operations to their U.S. offices. It is often used by businesses expanding into the United States or by global companies shifting key personnel to manage U.S.-based projects. This visa category helps support international mobility and internal staffing flexibility across borders.
There are two main types of L-1 visas: L-1A and L-1B. The L-1A visa is for executives and managers, while the L-1B visa is for employees with specialized knowledge. Both visa types serve critical roles in intracompany transfers, but they differ in qualifications, permitted duties, and maximum stay periods. In this guide, we explain the eligibility criteria, application process, duration limits, and how the L-1 visa can lead to a green card for qualifying applicants.
How Pollak PLLC Simplifies Complex L-1 Visa Cases
Pollak PLLC works closely with employers and professionals to structure and manage L-1 visa strategies. Whether you are transferring a single executive or building a new team to launch U.S. operations, our firm provides immigration guidance tailored to global business needs.
Decades of Experience With L-1A and L-1B Petitions
Our team has filed L-1 visas for startups, Fortune 500 companies, and growing firms across sectors such as finance, technology, healthcare, and manufacturing. We understand what USCIS expects from each petition and help you build a complete, legally sound application that anticipates scrutiny.
Strategic Insight for Startups, Global Companies, and Executives
Pollak PLLC assists businesses that are expanding into the U.S. for the first time, as well as established multinationals transferring seasoned leadership. We offer guidance on setting up U.S. offices, preparing for consular interviews, and aligning your business goals with visa planning from day one.
High-Touch Support for Documentation, USCIS Filings, and Renewals
L-1 petitions are document-heavy and time-sensitive. Our firm ensures that all forms, supporting documents, and timelines are managed with care. We coordinate with HR teams, general counsel, and employees to maintain compliance and avoid common delays in the L-1 process.
Who Qualifies for an L-1 Visa?
To qualify for an L-1 visa, the applicant must meet several legal and employment-related criteria. This visa is only available to individuals who have worked for a qualifying foreign entity and are transferring to a U.S. company that has a defined corporate relationship with the foreign business.
One Year of Employment With the Foreign Entity
The applicant must have been employed full-time by the foreign company for at least one continuous year within the three years preceding the L-1 petition. Part-time roles or freelance engagements do not count toward this requirement. The qualifying year must be spent in a position that aligns with the L-1A or L-1B classification.
Executive, Managerial, or Specialized Knowledge Roles
L-1A visa applicants must be coming to the U.S. to serve in an executive or managerial capacity. L-1B visa applicants must possess specialized knowledge about the company's products, processes, or procedures that is not widely held outside the organization. The specific role and duties must be clearly outlined in the petition and backed by evidence.
Qualifying Relationship Between U.S. and Foreign Companies
The U.S. and foreign entities must have a qualifying relationship. This means they must be part of the same corporate group, typically as a parent, subsidiary, affiliate, or branch. Ownership, control, and business functions must be documented clearly. Pollak PLLC helps confirm this relationship and provides guidance on how to demonstrate it to USCIS.
L-1A vs. L-1B: What’s the Difference?
While both visa types are under the L-1 category, the distinctions between L-1A and L-1B affect eligibility, permitted roles, and long-term immigration strategies. Choosing the correct classification is critical.
L-1A: For Executives and Managers
L-1A visas are designed for high-level employees with decision-making authority or who oversee other professionals. Executives make strategic decisions without significant supervision. Managers direct teams, departments, or essential functions of the business. This visa is often used when companies want to bring senior leadership to the U.S. to oversee operations or open a new office.
L-1B: For Specialized Knowledge Employees
L-1B visas are reserved for professionals with unique knowledge of the company’s systems, software, services, or operations. The knowledge must be proprietary and not commonly available in the labor market. This classification supports the transfer of technical experts, internal trainers, and individuals essential to product implementation.
Choosing the Right Classification
Each classification serves a different business purpose. If your goal is to relocate leadership, L-1A is likely the right option. If your objective is to transfer expertise tied to your product or service, L-1B may be more appropriate. Our firm helps determine which classification aligns with your role, background, and long-term immigration goals.
Using the L-1 Visa to Open a New U.S. Office
Companies expanding into the U.S. can use the L-1 visa to send employees to launch a new office. This pathway involves additional documentation and carries stricter requirements, especially during the initial year.
Proving Physical Premises and Business Plans
To qualify, the company must demonstrate that a new U.S. office has been secured. This means providing lease agreements, business plans, and evidence of efforts to establish operations. The new office must be more than a virtual presence; it must support the employee’s intended executive or managerial role.
Initial One-Year Stay and Extensions
New office L-1A visas are granted for an initial one-year period. During that time, the company must become operational and show that the transferred employee is fulfilling their stated executive or managerial duties. If successful, extensions may be granted in two-year increments.
Building Toward Permanent Presence
Using an L-1 visa to open a U.S. office can be the first step toward long-term business expansion and green card eligibility. Pollak PLLC works with companies to meet USCIS benchmarks, gather proof of business viability, and prepare for renewal or adjustment of status when the time is right.
Application Process for the L-1 Visa
Applying for an L-1 visa involves several stages, from gathering documents to submitting Form I-129 to traveling for a consular interview. Employers and applicants must follow each step carefully to avoid processing delays.
Required Forms and Supporting Documentation
The petitioning employer must file Form I-129 with USCIS, along with the L supplement for intracompany transfers. Supporting documentation includes corporate records, employee resumes, job descriptions, payroll records, and evidence of qualifying employment. Accuracy and consistency are essential at this stage.
Consular Processing vs. Change of Status
Employees outside the U.S. will attend a visa interview at a U.S. consulate once Form I-129 is approved. This process includes completing Form DS-160, attending a visa interview, and presenting original documents. Employees already in the U.S. on a different visa may apply for a change of status without leaving the country.
Processing Timelines and Common Delays
Regular L-1 processing times vary by service center but generally take two to six months. Premium processing is available and guarantees USCIS action within 15 calendar days. Delays can occur due to incomplete documentation, vague job descriptions, or inconsistencies between company records and employee roles. Pollak PLLC helps minimize these risks.
How Long Can You Stay on an L-1 Visa?
The duration of stay depends on the type of L-1 visa issued and whether the applicant is opening a new office or joining an existing U.S. operation. Both classifications have built-in maximum periods.
Initial Stay Based on Visa Type and Business Needs
L-1A visa holders entering an established U.S. office are typically granted an initial stay of three years. Those opening a new office receive one year. L-1B visa holders are generally approved for an initial stay of three years, regardless of office status.
Extension Process and Requirements
L-1A visas may be extended in two-year increments up to a maximum of seven years. L-1B visas may be extended to a maximum of five years. To qualify for an extension, the petitioner must show that the employee continues to fulfill the original role and that the company relationship remains valid.
Maximum Allowable Duration Under L-1 Rules
Once the maximum duration is reached—seven years for L-1A or five years for L-1B—the employee must either leave the U.S. for at least one continuous year or adjust to a different immigration status. Planning early for long-term immigration goals is essential to avoid interruptions.
Can You Get a Green Card From an L-1 Visa?
One of the advantages of the L-1 visa is that it permits dual intent. This means that applicants may pursue permanent residency while in nonimmigrant status without jeopardizing their visa.
EB-1C for L-1A Executives and Managers
L-1A visa holders are often eligible to apply for a green card under the EB-1C category for multinational managers and executives. This route does not require labor certification, making it faster and more predictable than other employment-based options.
Adjustment of Status vs. Consular Processing
Applicants already in the U.S. may file Form I-485 to adjust status once their immigrant petition is approved and a visa number is available. Others may complete the green card process through a U.S. consulate abroad. Pollak PLLC helps evaluate both options based on timing, documentation, and family considerations.
Timing Your Green Card Strategy
Applying for a green card from L-1 status requires careful timing. The process must begin early enough to avoid hitting the L-1 maximum stay, and documentation must show the employee has continued to meet executive or managerial duties. Our firm helps clients prepare petitions that align with both business goals and USCIS standards.
Conclusion: Work With an L-1 Visa Attorney Who Understands Global Mobility
The L-1 visa plays a crucial role in international business. It allows global companies to move talent across borders, launch U.S. operations, and grow their presence in one of the world’s most competitive markets. However, the process is document-intensive and closely regulated.
Pollak PLLC has the experience, legal insight, and strategic focus to guide you through the L-1 process. Whether you are a company executive, an HR leader, or an employee seeking to transfer into the U.S., our firm provides clear guidance at every stage. To speak with an L-1 visa attorney, contact Pollak PLLC today. We serve clients nationwide from our offices in Dallas and Fort Lauderdale and offer services in English, Spanish, and additional languages.
