L-1 Visa Explained: A Guide to L-1A and L-1B Visas for U.S. Transfers

What is an L-1 visa?

The L-1 visa is a work visa granted to executives or directors of a foreign company who wish to establish themselves in the United States to run their company’s branch, branch, or subsidiary.

It is also possible to request the L-1 visa for companies that have not yet been incorporated, but for this, it will be necessary to prove in the filing file that the project for its incorporation is in a very advanced stage and that the premises have already been found for its functionality.

There are two categories for the L-1 visa

L-1A visa

For executives and directors. It is not required that the applicant is currently working as a manager, but it must be their designated job title when they start working in the United States.

The applicant must have the executive capacity, which means that the employee will make important decisions without supervision, such as the implementation of plans and actions.

In addition, you must have the managerial capacity, which means that the employee will supervise and control the work performed by other professional employees who have at least a bachelor’s degree or equivalent level of education in the field related to the work performed and can manage the organization as a whole or to a department of it.

L-1B visa

For professionals with “specialized skills.”

To qualify for an L-1B visa, the applicant must demonstrate that they possess a specialized skill that is “highly valued” in the United States. This ability is understood as the knowledge about the product, service, research, or other interests of the company and the application of this knowledge in international markets.

Specialized ability is also understood as the advanced level or expertise of knowledge in the organization’s processes and procedures.

Some of the occupations that are considered specialized skills are the following: researchers, engineers, accountants, and doctors.

Main requirements of the L-1 visa

• Executive experience: The applicant must hold a managerial or executive position or possess specialized knowledge.
• Relationship with the company: The applicant must have an employment relationship with the foreign company and the company must have a subsidiary, branch, affiliate, or parent company in the U.S.
• Functions in the U.S. company: The applicant must be transferred to the U.S. to perform executive, managerial, or specialized knowledge functions within the U.S. subsidiary.
• Minimum work time: The applicant must have worked for the foreign company for at least one year within the last three years before applying.
• Eligible companies: Both for-profit and non-profit organizations are eligible to apply for the L-1 visa.
• Duration of stay: The L-1 visa is granted for up to three years initially, with extensions possible up to seven years for L-1A (executives or managers) and five years for L-1B (specialized knowledge).

L-1 visa duration

Two different situations are depending on the maturity of the company.

For workers of emerging companies, the validity is 1 year. On the other hand, for employees of companies that have been operating in the United States for more than 1 year, the initial validity is 3 years.

In turn, in both situations, the L-1 visa can extend up to 5 or 7 years, depending on the knowledge and positions of the applicants.

L-1 visa for startups

When used for business creation, the L-1 visa is considered a “new office L-1” visa.

After the first year in the U.S., the individual must demonstrate that operations have grown to the point where a managerial or executive position is required, or have specialized knowledge to perform such work.

How to apply for the L-1 visa

1. Submit Form I-129 with fee payment
   The employer must submit Form I-129, Petition for a Nonimmigrant Worker, to USCIS on behalf of the employee. This form is used to apply for a work visa and requires a fee payment of $460.
2. File Form I-129 by mail or E-Filing system to request visa
   Form I-129 can be filed by mail or through the online E-Filing system. If filed online, you will receive an electronic confirmation with a tracking number (receipt number).
3. Save receipt number to track visa application status
   The employer must save the receipt number to track the status of the application.
4. Wait for USCIS to review and approve Form I-129
   Once filed and the fee paid, USCIS will review the application and verify if the L visa requirements are met.
5. Receive approval notice from USCIS if visa is approved
   If USCIS approves the visa, an "Approval Notice" or "Notice of Action" will be issued. This document contains the visa number and expiration date.
6. Prepare documents and schedule an interview at the embassy
   The applicant needs to present the approval notice, valid passport, recent passport-sized photos, and a confirmed Form DS-160 at the embassy or consulate.
7. Be ready to provide additional documents during the interview
   Additional documents may be requested to prove the applicant meets the L visa requirements.
8. Visa officer will review documents and interview answers to determine eligibility
   The visa officer will assess the documents and interview answers to determine eligibility for a nonimmigrant visa.
9. Prepare an "Offer of Employment" with detailed job information if required
   If necessary, the employer must provide a detailed "Offer of Employment" outlining the position and job details.

Documentation to present

1. Company registration
   Provide the company’s official registration documents.
2. Company annual report
   Submit the company’s most recent annual report.
3. The organizational chart of the parent and affiliated companies’ financial statements
   Include an organizational chart and financial statements of the parent and affiliated companies.
4. Documents evidencing the connection between the affiliated companies
   Provide documents showing the relationship between the parent and affiliated companies.
5. A detailed description of the required position
   Submit a detailed description of the position being requested.
6. Salary offered for the required position
   Provide details of the salary being offered for the required position.
7. Passport of the employee to transfer evidence of the employee’s work history
   Submit a copy of the employee’s passport along with documentation of their work history.
8. Employee Study Certifications
   Include certifications related to the employee’s studies or qualifications.
9. Tax return
   Provide the relevant tax return documents.

These are just some general documents that are requested in the procedure. However, additional documentation may be required if necessary.

Is it possible to file more than one L-1 visa petition within the same company related to the same project?

There is no limit to the number of visas that can be applied for within a company. To expedite this process, the United States Citizenship and Immigration Services allows the creation of “bundles” of L-1 petitions.

In this way, companies must present the individual requests of each of the workers and these will be evaluated individually, but they may present them jointly.

For the USCIS to agree to incorporate all petitions into one package, they must:

1. Be related to employees working on the same project

2. Be related to employees who will work in the same place

3. Have the same specialized duties in terms of knowledge

Relatives of the L-1 visa holder

Spouses and Children

Spouses and unmarried children under the age of 21 may accompany or join the L-1 visa holder in the United States.

L-2 Non-Immigrant Visa

These family members will be able to apply for an L-2 non-immigrant visa, which allows them to study, work, and live freely in the United States. This visa is granted for the same duration as the L-1 visa holder.

For the Spouses to Work

For spouses to work in the United States, they must apply for and obtain an Employment Authorization Document (EAD). To apply for a work permit, they must complete and submit Form I-765.

Additional Documents

Along with Form I-765, spouses must submit recent passport-size photographs, copies of the L-1 visa holder’s passport and L-1 visa, as well as the USCIS approval letter or “Approval Notice.”

Children Under 21

Children under the age of 21 do not need to apply for a permit to study in the United States. However, if they wish to work, they must apply for and obtain a work permit.

Children Over 21

Children over the age of 21 cannot be considered "companions" under the L-1 visa and must apply for their non-immigrant visa if they wish to travel to the United States.

L-1 visa extension

The L-1 visa can be extended for periods of 2 years up to a maximum of 7 years, as long as the employer continues to meet the visa requirements.

Once the L-1 visa holder completes 7 years in the United States, he will have fulfilled the maximum time allowed according to his condition and must leave the country for at least one year before he can reapply for the L-1 visa.

The only possible way in which he will be able to extend his time in the country is by receiving the status of a permanent resident of the United States through a Green Card.

What does it mean for the L-1 visa to be a dual intent visa?

This means that the applicant may apply for a visa to temporarily stay in the United States, but may also intend to become a permanent resident.

However, it is important to note that this process can take several years and that a Green Card is not guaranteed.

Benefits of the L-1 visa

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* This information corresponds to 2025

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