The L-1 Visa, formally known as the Intracompany Transferee Visa, is a nonimmigrant visa that allows a qualifying employee of a foreign company to be transferred to a U.S. affiliate, branch, parent, or subsidiary to work in an executive, managerial, or specialized knowledge capacity.
To qualify for an L-1 visa, two entities must be actively and legally operating: a foreign company conducting lawful business and paying taxes (or exempted) in its home country, and a U.S. entity serving as the petitioner. There must be a qualifying relationship—such as parent, subsidiary, affiliate, or branch—between these two companies as defined by U.S. immigration law.
The L-1 visa has two types:
• L-1A: For executives and managers
• L-1B: For employees with specialized knowledge crucial to the company’s products, services, or operations
Applicants for either type of L-1 visa must have been employed full-time by the qualifying foreign entity, in an eligible capacity, for at least one continuous year within the three years immediately preceding the petition filing.
The distinction between L-1A and L-1B is not rigid—an individual may qualify under either category depending on their duties. However, due to the long-term immigration benefits associated with the L-1A (such as EB-1C green card eligibility), most petitioners seek L-1A classification when feasible.
Additionally, if the U.S. entity is a newly established company (a “New Office”) with less than one year of business history, submitting a detailed business plan demonstrating the company’s intent and ability to actively conduct business in the United States is recommended.
