L-1 Visa Lawyer for Intracompany Transfers to the United States
An L-1 visa allows international companies to transfer qualifying employees to the United States. Learn more about how to apply and the L-1 visa requirements.
Businesses with offices in multiple countries may rely on trusted employees to work in a U.S. branch. Companies may transfer an executive to oversee U.S. operations, send a manager to lead a specialized team, or assign an employee to support a critical project. In these situations, the L-1 visa often provides a clear route forward.
The L-1 visa relies on more than just a job offer. The employee, foreign company, U.S. company, position, and corporate relationship all have to meet specific requirements.
An L-1 visa lawyer at Lorenzo Law Group can help employees and employers determine whether this visa category is the right option for their specific situation.
Call us at (888) 385-5402 to schedule a consultation now.
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What is L-1 Visa Status?
L-1 visa status allows a foreign company to transfer an employee to a U.S. parent, branch, subsidiary, or affiliate. There are two main classifications.
The L-1A visa is for managers and executives, while the L-1B visa is for employees with specialized knowledge. Both visas allow intracompany transfers, but each serves different business needs.
This visa type is often appealing for businesses with established international operations and businesses that are opening a new U.S. office.
The petition must be clear and detailed regarding the company structure, the employee’s prior role, and the work they will perform in the U.S.
Who Qualifies for an L-1 Visa?
To qualify for an L-1 visa, an employee must have worked for a qualifying organization outside the United States for at least one continuous year within the three years prior to entering the United States. Additionally, the foreign employer and U.S. company must have a qualifying relationship. Qualifying relationships include parent and subsidiary, branch office, or affiliate relationship.
The employee entering the United States must be transferring into a qualifying position. L-1A applicants must work in the United States as a manager or executive. L-1B applicants must have specialized knowledge related to the company’s business operations.
Documenting eligibility for an L-1 visa
There are extensive documentation requirements for this visa type. USCIS may look at organizational charts, job descriptions, payroll records, corporate ownership documents, tax records, and evidence of business activity when making its decision. Providing clear documentation makes it easier to prove that the transfer meets the legal standard for approval.
L-1 Visa Requirements
L-1 visa requirements apply on each side of the transfer. The employee has to demonstrate qualifying employment abroad, a qualifying prior role, and a qualifying U.S. role. The employer must show the relationship between the foreign and U.S. entities, as well as proof that the companies will be doing business as required.
While a job title can support a petition, it’s not enough to prove that the position meets the requirements. USCIS will look at the job duties the employee had abroad and the ones they will take on in the United States.
L-1A Requirements for Managers and Executives
The L-1A visa is available to managers and executives who will continue managerial or executive duties in the United States. Managers may be transferred to supervise professional employees, oversee departments, or manage essential functions in an organization. Executives need to demonstrate that they will direct the organization or one of its major components, set policies and goals, and exercise broad decision-making authority.
L-1B Requirements for Employees With Specialized Knowledge
The L-1B visa is intended for employees with specialized knowledge of a company’s products, services, research, techniques, or other interests. Knowledge may be considered specialized if it is uncommon, advanced, proprietary, or important to the company’s operations. The petition should explain how the applicant’s knowledge differs from standard industry knowledge and how it will serve the company in the United States.
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Can You Go From an L-1 Visa to Green Card?
L-1 visa holders may pursue permanent residence, although the L-1 visa to green card route depends on the visa holder’s role, their company’s needs, and the appropriate immigrant visa category. Managers and executives may pursue the EB-1C multinational manager or executive route, while specialized employees may look into employer-sponsored green cards.
This may require careful strategy and planning, so working with an immigration lawyer is highly recommended. If an applicant is eligible and an immigrant visa is available, they may pursue adjustment of status from within the U.S.
How Lorenzo Law Group Can Support You
When you choose the team at Lorenzo Law Group, we’ll help determine whether the employee and employer meet all L-1 visa legal requirements, determine the proper L-1 classification, and prepare the evidence needed for a strong and persuasive petition. We may conduct a thorough review of corporate documents, job descriptions, organizational charts, and business plans to strengthen your petition.
We also work to frame the transferring employee’s duties accurately. For both L-1A and L-1B applicants, describing their duties accurately and in line with legal requirements can help USCIS officials understand why the transfer qualifies.
Talk to an L-1 Visa Lawyer About Your Business Immigration Options
If you’re considering an L-1 visa to transfer key employees to the United States, choosing an experienced legal team can make a difference in how your case is handled. Call us at (888) 212-2207 or contact our team online to set up a consultation.
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