L-1 Visa Guide for Business Owners: Expanding Your Company to the United States
The L-1 Visa allows international companies to transfer executives or managers to their U.S. offices. It’s the ideal path for entrepreneurs seeking to expand operations and establish a subsidiary in America.
As someone who partners with multinational founders and leadership teams, Mesut Yücedağ has seen the L-1 category unlock U.S. market entry when structure and documentation are done right. This guide distills eligibility, evidence, filing flow, timelines, dependents, and common pitfalls—so you can expand with clarity and speed.
1) What Is the L-1 Visa? (Overview)
L-1A: For executives and managers.
L-1B: For professionals with specialized knowledge unique to the company.
Both are intracompany transfer categories, designed to move employees from a foreign office to a qualifying U.S. entity (parent, subsidiary, affiliate, or branch).
Maximum Stay:
- L-1A: Up to 7 years
- L-1B: Up to 5 years
Initial approvals are typically 3 years for existing offices or 1 year for new offices, followed by extensions up to the maximum limit.
2) Who Qualifies? (Key Eligibility Criteria)
Qualifying relationship: There must be a corporate link (parent–subsidiary–affiliate–branch) between the U.S. entity and the foreign company, demonstrating ownership and control.
One-year foreign employment: The transferee must have worked full-time for at least one continuous year within the previous three years at the qualifying foreign entity.
Position type:
- L-1A: Executive/Manager—responsible for managing people or functions at a high level.
- L-1B: Specialized Knowledge—possessing unique expertise in the company’s products, processes, or technology.
Doing business in the U.S.: The U.S. entity must be operational (contracts, revenue, staff, or at least a realistic operational plan). For new offices, operations must develop within the first-year approval window.
3) Establishing a “New Office”
Starting a new U.S. company and applying for L-1 is possible. Initial approval is usually one year, during which the business must demonstrate progress—office lease, contracts, staffing, and operations—to qualify for an extension.
Tip: For extensions, include organization charts, payroll, tax returns, lease agreements, and client contracts as key evidence.
4) L-1A vs. L-1B
| Criteria | L-1A (Executive/Manager) | L-1B (Specialized Knowledge) |
|---|---|---|
| Role focus | Management, strategic decision-making | Product/technology/process expertise |
| Maximum stay | 7 years | 5 years |
| Green card path | Direct route to EB-1C | Possible, but often converted to L-1A first |
5) Documents & Evidence Checklist
Corporate relationship
- Shareholder lists, company charters, annual reports
- Trademarks, domains, IT assets
- Organization charts (foreign + U.S.) showing reporting lines
Foreign employment proof
- Employment contracts, pay slips, tax or social-security records, job descriptions
U.S. operations
- Incorporation documents, EIN, bank statements, lease, vendor/customer contracts, invoices
Role evidence
- L-1A: Team size, roles managed, budgets, and decision-making authority
- L-1B: Technical know-how, training materials, IP contributions, distinctiveness of knowledge
6) Filing Routes: Consular vs. Change of Status (COS)
A) Consular Processing:
After I-129 approval (or under a Blanket L), the applicant completes DS-160 and attends a U.S. consulate interview to obtain the visa stamp.
B) Change of Status (I-129 within the U.S.):
If the applicant is lawfully present in the U.S., the employer may file I-129 for L-1 status. Premium Processing (I-907) is available.
Note: COS approval is not a visa. If you leave the U.S., you must obtain an L-1 visa stamp before re-entry.
7) Duration, Extensions, and Limits
- Existing offices: 3-year initial approval, extendable up to 7 years (L-1A) or 5 years (L-1B).
- New offices: 1-year initial approval, with operational proof required for extension.
- Processing times: Vary by USCIS service center—check current estimates.
- Premium Processing: Available for expedited review.
8) Spouse and Children (L-2 Dependents)
Spouses and unmarried children under 21 qualify for L-2 visas.
Since November 2021, L-2 spouses automatically receive work authorization through their I-94 annotation (no separate EAD required). Always verify that the I-94 includes the correct code (“L-2S”).
9) L-1A to EB-1C: The Green-Card Bridge
After the U.S. entity has operated for at least one year, it can file for EB-1C classification for multinational executives or managers. While EB-1C parallels L-1A, it requires stronger documentation of corporate hierarchy and role responsibility.
10) Common Mistakes and How to Avoid Them
- Weak corporate link: Include clear diagrams showing ownership and control.
- Supervisory but not managerial role: Highlight decision-making power and budget responsibility.
- Vague specialized knowledge: Quantify your expertise—training time, impact, and distinct value.
- Poor “new-office” extension: Build business records (revenue, payroll, taxes) within 12 months.
- Wrong path selection: Choose between COS or consular processing based on travel plans.
- Ignoring timelines: Track USCIS processing tables and plan Premium Processing when needed.
- Overlooking L-2 spouse work rights: Check I-94 annotations for employment authorization.
11) Step-by-Step Filing Workflow
- Confirm qualifying relationship (parent, subsidiary, affiliate).
- Define the role—L-1A or L-1B—and draft job descriptions using USCIS terminology.
- Form the U.S. entity and gather operational evidence (EIN, lease, contracts).
- Collect proof of one-year foreign employment.
- Prepare I-129 (and I-129S if Blanket L), decide on Premium Processing.
- Choose Consular Processing or Change of Status, plan accordingly.
- Activate status, onboard payroll, taxes, and expansion milestones.
- Plan ahead for renewals and extensions (up to 7 / 5 years).
About the Author
Mesut Yücedağ is a business strategist specializing in U.S. business immigration and international expansion. He collaborates with executives to align immigration pathways (L-1, E-2, EB-1C) with practical business operations.