Immigration
January 29, 2026

L-1 Visa Explained: Requirements, Process & Green Card (2026).

Everything you need to know about the L-1 visa in 2026-requirements, L-1A vs L-1B, step-by-step process, approval strategies, and green card routes.

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Key Takeaways About the L-1 Visa:
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    The L-1 visa allows large corporations to transfer their executives, managers, or specialized employees to U.S. offices. No lottery is needed.
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    Dual intent means you can apply for a green card immediately while retaining your visa.
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    The visa that provides a shortcut to a green card is an L-1A visa (managers and executives). Regular employment-based green card programs are used for the L-1B visa (for individuals with specialized skills).
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    Also, there is no annual cap, unlike the H-1B. If you comply with the regulations and are accepted, you may remain.
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    L-1 visa holders may apply for their spouses to be admitted in L-2 status immediately upon arrival.

If you work for a multinational company and are considering a transfer to the United States, the L-1 visa is likely the most straightforward option. Unlike the H-1B lottery system, where luck determines your fate, the L-1 visa rewards actual corporate structure and professional experience.

The catch? USCIS scrutinises these petitions heavily. You need genuine corporate relationships, real business operations, and specific job roles that meet strict federal standards.

What Is the L-1 Visa?

The L-1 visa is for intracompany transferees. Your company is relocating you from an office abroad to the United States.

The most powerful feature? Dual intent. With most temporary work visas, you have to convince immigration officers you plan to return home eventually. The L-1 flips that script entirely. You can file for permanent residency the day after you arrive in the U.S.

To qualify, there must be a qualifying relationship between your foreign employer and the U.S. company. This usually means one company owns the other, or the same parent company owns both. A franchise doesn't count. A client-vendor relationship doesn't count.

The employee must have worked for the foreign company for at least one continuous year within the last three years. Time spent visiting the U.S. on business trips (B-1 visa) doesn't count toward this requirement.

L-1A vs L-1B Explained

The L-1 classification has two distinct categories, and getting this choice right from the start is critical.

L-1A is for managers and executives. You're coming to run things, either people or essential business functions. The visa allows you to stay in the U.S. for up to seven years and qualifies you for the EB-1C green card category. That's the fast lane-no PERM labour certification required.

L-1B is for employees with specialised knowledge. USCIS wants to see that you possess proprietary knowledge about the company's products, services, or processes that isn't readily available in the U.S. labour market. The maximum stay is five years, and the green card path goes through standard EB-2 or EB-3 categories.

Feature L-1A Visa L-1B Visa
Target Role Executives & Managers Specialized Knowledge Experts
Initial Validity 3 years (1 year for the new office) 3 years (1 year for the new office)
Maximum Duration 7 years 5 years
Primary Requirement Must supervise professionals or manage a function Must hold proprietary/advanced knowledge
Green Card Path EB-1C (Fast-track/No PERM) EB-2/EB-3 (Standard processing)

Most companies default to L-1A when they can, given the green card advantage. But you can't fake it. If your day-to-day work involves writing code or making sales calls, USCIS will deny an L-1A petition even if your title says "Vice President."

For detailed breakdowns of each category, see our guides to the L-1A and L-1B visas.

Who Qualifies for an L-1 Visa?

Both the company and the employee need to clear specific hurdles.

Employer Requirements

Your U.S. company and foreign company must have a qualifying relationship. Parent-subsidiary is the cleanest structure, in which one company owns more than 50% of the other.

Branch office works too-your U.S. "office" isn't a separate legal entity, just a division of the foreign company operating in America.

Affiliates get complicated. If the same parent company owns both companies, that qualifies. Or if the same individuals own both companies in roughly the same percentages, that can work.

Corporate Structures That Work for L-1:

Structure Type Definition Real-World Example
Parent-Subsidiary One entity owns more than 50% of the other, or controls it Company A (India) owns 100% of the stock of Company B (USA). This is the most common and safest structure.
Branch Office The U.S. office is not a separate legal entity but simply a division of the foreign company. TechCorp UK registers "TechCorp UK - New York Branch" in the U.S. They operate under the foreign entity's direct legal umbrella.
Affiliate (Same Parent) A third common parent company owns both the U.S. and foreign companies. Holdings Inc. (Japan) owns 80% of Company X (Japan) and 80% of Company Y (USA). Companies X and Y are affiliates.
Affiliate (Same Owners) Both companies are owned by the same group of individuals, with approximately the same ownership percentages. Owner A has 40% of the US company and 40% of the Indian company. Owner B has 60% of the US company and 60% of the Indian company. Crucially, the percentages must be roughly mirror images.
50/50 Joint Venture Two companies own a third company 50%-50%, and both have Negative Control (Veto Power) US Co and French Co create a Joint Venture. French Co owns exactly 50%. Even though it's not a majority, if French Co has veto power over major decisions, it "controls" the JV and can transfer staff.

Corporate Structures That DON'T Work for L-1:

Structure Type Why It Fails Real-World Failure Example
Franchise Sharing a brand name or licensing agreement is not ownership You own a McDonald's franchise in Mumbai and are buying a McDonald's franchise in Texas. McDonald's Corporate owns the brand, but you do not "own" McDonald's. The two stores are legally unrelated strangers sharing a logo.
Contracts Between Two Entities Exclusive contracts do not equal control Indian Software House has an exclusive contract to build apps for US Client Inc. Even if 100% of revenue comes from the US client, there is no equity ownership. You are a vendor, not a subsidiary.
Minority Shareholding Owning a small slice without control German Co invests in a US Startup, buying a 15% equity stake. 15% is an investment, not control. The German Co cannot direct the US Startup's actions.
Lopsided Affiliate Same owners, but vastly different percentages Owner A has 90% of the Indian Company but only 10% of the US Company (where an investor holds the rest). The ownership is not "approximately the same." The person controlling the Indian company does not control the US company.

Both entities must be "doing business"-regular, systematic, and continuous provision of goods or services. You can't just register a Delaware LLC and claim you have a U.S. office.

Employee Requirements

Before you arrive in the U.S., you need to have worked for one year with a foreign company. This rule cannot be changed.

B-1 business visa: Short visits to the U.S. do not count toward the annual limit, but they do count toward the per-entry limit. Work in the U.S. and overseas should be at the managerial, executive, or specialised knowledge level. The actual responsibilities may vary, yet the degree must remain equal.

For complete eligibility details, review our L-1 requirements guide.

L-1 Visa to Green Card Overview

This is where the L-1 shows its real value.

If you're on an L-1A, the path to permanent residency runs through the EB-1C category. The beauty of EB-1C is that it skips PERM labor certification entirely. Your employer doesn't have to prove there are no qualified U.S. workers.

In most countries, EB-1C priority dates are current, meaning there is no waiting period. From start to finish, the whole process often takes 12-24 months.

The L-1B-to-green card process is slower. You typically proceed through EB-2 or EB-3, both of which require PERM labor certification. That adds at least 6-12 months.

The wrinkle? If you're from India or China, even EB-1C faces backlogs. As of January 2026, EB-1 India has roughly 18-24 months of priority date delays. That's still vastly better than EB-2 India, which is backed up 10-15 years.

For comprehensive green card strategies, see our L-1-to-green card guide.

New Office L-1 Petitions

If you're opening a new U.S. branch, subsidiary, or affiliate, you file a "New Office" L-1 petition. USCIS treats these with extra scrutiny.

You need physical premises— A signed lease for dedicated office space. Virtual offices and shared co-working spaces are routinely rejected.

You need a comprehensive business plan— A detailed five-year plan showing revenue forecasts and, critically, a hiring timeline. You must prove the U.S. office will grow enough to support a managerial position within one year.

The initial approval is for one year only. At the end of year one, you must file for an extension. To get approved, you need to prove the office is now "doing business" and supports the managerial role. This usually means you've hired local employees.

The Year One Cliff is where most new office petitions fail on extension. If the company consists only of the transferred manager and no real operations or staff, USCIS denies the extension.

Beyond Border recommends front-loading hiring whenever possible. Get U.S. employees on board within the first six months.

Change of Status vs Consular Processing

The place of your L-1 visa will depend on your location at the time your application is approved.

If you are residing in the U.S. on a different visa, you may be eligible to use the Change of Status process. Your employer files Form I‑129. If approved, USCIS will adjust your status to L-1 while you remain in the U.S.

The downside is that you will not receive a visa sticker in your passport. When you leave the U.S., you must return through a U.S. embassy.

Consular Processing is the most common one when outside the U.S. Form I-129 is submitted to USCIS by your employer. Once it is approved, you complete Form DS-160 online and schedule an appointment at the U.S. embassy. If the interview is successful, you will be issued a visa stamp and will be able to travel to the U.S.

Large multinational companies use blanket L petitions because they are a faster method. The company can obtain blanket approval, provided it earns at least $25 million in a year and has more than 1,000 employees. The individual I-129s are therefore unnecessary among the employees. This reduces processing time and lowers costs.

It is an added advantage that Canadian citizens can present their L-1 petition documents to a CBP officer in a Class A port of entry and have them approved promptly. There is no requirement for a consular interview.

For step-by-step filing procedures, check our detailed L-1 application process guide.

Common Reasons L-1 Petitions Are Delayed or Denied

USCIS denies roughly 15-20% of L-1B petitions and about 5-8% of L-1A petitions. Most failures stem from documentation issues.

L-1A Evidence: What Works vs What Fails

For L-1A petitions, the biggest mistake is describing a "people manager" role when you only supervise one or two junior employees. USCIS considers first-line supervisors of non-professionals to be non-managerial.

The solution? Position the role as a functional manager: You manage an essential function at a senior level, even without a large team.

L-1A Managers & Executives: Strong vs Weak Evidence

Category Strong Evidence Weak Evidence
Org Chart & Staffing Reports to C-Suite; manages contractors, vendors, offshore teams with documented authority (contracts, emails) Supervises 1-2 junior employees with just a basic org chart
Job Duties Controls budgets ($2M+), strategic decisions with board meeting minutes, and signing authority Hands-on work: writing code, making sales calls, producing deliverables
New Office Specific hiring timeline: "Q3 2026: VP Sales ($150K) + 2 Account Execs ($80K each)" Vague statements: "We'll hire as we grow."
L-1B Evidence: What Works vs What Fails

For L-1B petitions, the trap is describing general skills. "Expert in Python" or "AWS Certified" doesn't prove specialised knowledge. You need to show proprietary knowledge specific to your company.

L-1B Specialised Knowledge: Strong vs Weak Evidence

Category Strong Evidence Weak Evidence
Proprietary Knowledge Patent filings, proprietary algorithms, custom legacy systems, and 6+ months of specialized company training General certifications: AWS, Python, React Native
Irreplaceability Training logs showing 6+ months onboarding; "9-month development stall if replaced" A new hire could be productive in 2 weeks
Business Need Contracts/correspondence proving expertise essential for U.S. expansion Generic job description without specific U.S. role justification

New Office Petition Deficiencies

Vague business plans kill these petitions. "We plan to hire more people as we grow" doesn't cut it. USCIS requires specific dates, roles, and a budget allocation.

Shared co-working spaces are another red flag. Hot desks or virtual offices are routinely denied. You need a signed lease for dedicated office space.

L-1 Visa Processing Time & Costs

Standard processing through USCIS takes 2-6 months. Premium processing costs $2,805 and guarantees a response within 15 business days.

Fee Component Current Fee (Until Feb 28, 2026) New Fee (Starting March 1, 2026)
Base Filing Fee (I-129) $1,385 ($695 for small/nonprofit) No Change
Asylum Program Fee $600 ($300 small / $0 nonprofit) No Change
Fraud Prevention Fee $500 (New petitions only) No Change
Visa Integrity Fee $250 (At visa issuance) No Change
Premium Processing $2,805 $2,965
Why Choose L-1 Over H-1B or Other Visas

No lottery. The H-1B cap lottery has odds around 25-30%.

Dual intent without complications. H-1B technically allows dual intent, but consular officers sometimes raise concerns. The L-1 is explicitly designed for dual intent.

Faster green card for managers. L-1A to EB-1C bypasses PERM entirely. That's a 6-18 month advantage over H-1B to EB-2/EB-3.

Compared to E-2 investor visas, the L-1 requires no personal capital investment. Compared with O-1 extraordinary ability visas, L-1 visas have a much lower eligibility threshold.

For detailed comparisons, see L-1 vs H-1B analysis.

Family Benefits: L-2 Spousal Work Authorisation

Your spouse and unmarried children under 21 qualify for L-2 status.

The game-changer for spouses is the L-2S work authorisation. L-2 spouses can work immediately upon entry to the United States. Their Form I-94 arrival record is coded "L-2S," which is sufficient proof of work authorisation for any U.S. employer—no separate Employment Authorisation Document (EAD) application needed.

Your L-2 spouse can work for any employer in any field. They can start a business. They can freelance. The only restriction is that L-2S work authorisation is tied to your L-1 status.

Get Expert Guidance on Your L-1 Visa Strategy

L-1 petitions are not that difficult on paper, but you have to take pains to pass checks by USCIS. It is usually determined by the manner in which you present the evidence, particularly in cases of new office petitions, L-1B cases that require special knowledge, and L-1A cases of managers.

Beyond Border assists multinational corporations and managers with corporate immigration. We have also been successful with a range of L-1A and L-1B petitions we submitted to USCIS, including complex startup transfers and manager cases, which other companies claimed were impossible to win.

We develop evidence packages that anticipate and respond to USCIS questions before they arise. We assist businesses in establishing appropriate corporate relationships, drafting business plans to petition for new offices in compliance with the rules, and demonstrating to L-1B applicants that they possess real specialised knowledge rather than merely general technical skills.

For L-1A managers seeking green cards, we file the EB-1C petition at the most opportune time so you have a better chance and remain in your current status in the meantime.

👉 Schedule a consultation to discuss your L-1 visa strategy with our immigration team.

Frequently Asked Questions

What are the L-1A and L-1B visas?  There are two types of L-1 visas: A and B. L-1A applies to managers and executives who manage teams or other key departments of the company. It allows you to remain for up to 7 years and may result in a green card under the EB-1C program, which does not require PERM. L-1B applies to employees who possess special knowledge of the products or processes that the company conducts. It allows up to 5 years of stay. L-1B workers typically have to pass through PERM to proceed to EB-2 or EB-3 categories to obtain a green card.

What is the processing time of an L-1 visa?  The USCIS processing time is typically 2-6 months. If you need a decision within 15 business days, you can pay $2,805 for premium processing, which guarantees a decision within that timeframe. USCIS approval at the consulate will take 2 to 4 weeks.

What is the New Office L-1 petition?  It concerns companies that are opening their first office, branch, subsidiary, or affiliate in the United States. To apply, you will be required to demonstrate that you have a real office space by providing a signed lease, a comprehensive 5-year business plan with hiring plans, and a demonstration that a managerial position can be occupied within one year. The initial approval term is 1 year.

Can my spouse work on an L-2 visa?  Yes. The work permit is automatically issued to the spouse of an L-1 holder (indicated as L-2S on the I-94). They are also free to work for any employer immediately upon entering the U.S. and do not require a separate work permit.

What is the one-year foreign employment requirement?  You must have at least one full year of employment with the foreign office. That job should have been either in a managerial, executive, or special-knowledge position and should have occurred three years before you arrived in the U.S.

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