L-1 Eligibility Criteria Overview

The L-1 visa lets multinational companies transfer employees from foreign offices to U.S. locations. Both the employee and the employer must meet specific criteria. The standards differ for L-1A (managers and executives) and L-1B (specialized knowledge workers).

Understanding these requirements upfront prevents wasted time and costly denials. USCIS carefully examines each element, and missing even one component can result in a Request for Evidence or outright denial.

Employer & Employee Requirements

L-1 visa eligibility has two separate but equally critical sets of requirements: what the employer must demonstrate and what the employee must prove.

Employer Requirements

Qualifying corporate relationship: The U.S. employer must have a qualifying relationship with the foreign entity where you currently work. Acceptable relationships include:

• Parent and subsidiary (one owns the other)
• Branch and headquarters (same legal entity)
• Sister companies (commonly owned by the same parent)
• Affiliates (common ownership or control)

Common ownership or control: The foreign and U.S. entities must show common ownership, usually at least 50%, or effective control through shared management or authority. Documentation includes stock certificates, articles of incorporation, partnership agreements, and organizational charts.

Doing business requirement: Both U.S. and foreign entities must actively conduct business and regularly provide goods or services. Having only an office is not enough. USCIS expects to see:

• Active client or customer base
• Regular business transactions
• Employees performing ongoing work.
• Financial statements showing business operations
• Tax returns or other evidence of active trade

Shell companies, dormant entities, or businesses existing only on paper do not satisfy this requirement.

Financial viability: The U.S. entity must demonstrate it has the financial capacity to support operations and pay the transferred employee. This becomes particularly important for new office petitions.

Employee Requirements

1. One year of continuous employment abroad: You must have worked for the qualifying foreign organization for at least one continuous year within the three years immediately preceding your U.S. transfer.
2. What “continuous” means: Employment should be full-time and mostly uninterrupted. Short vacations, holidays, or business travel usually don’t break continuity. Extended gaps, unpaid leave, or leaving the employer usually do.
3. Timing and location can affect counting: The one-year period is measured from your employment date with the qualifying foreign entity. Time spent on the assignment may not count unless you remained employed by and worked for the qualifying organization during that time.
4. Qualifying capacity abroad is required: Your foreign role must have been in a qualifying capacity: managerial, executive, or specialized knowledge. Being employed by the company alone is not enough.
5. The U.S. role must also be qualified: The position in the United States must be in a qualifying capacity as well:
   
   1. L-1A: Managerial or executive capacity
   2. L-1B: A role that requires and uses your specialized knowledge
6. No formal education requirement: Unlike the H-1B, the L-1 does not require a specific degree. Eligibility depends on the role, duties, and corporate relationship, not academic credentials.

L-1A vs L-1B Criteria

The L-1 visa is divided into two categories with distinct qualification criteria.

L-1A: Managers and Executives

Managerial capacity requires:

• Managing the organization, a department, function, or component
• Supervising and controlling the work of professional employees, supervisors, or managers
• Authority to hire, fire, or recommend personnel actions
• Discretion over day-to-day operations

Function managers: You can qualify by managing an essential function rather than people, provided the function is senior and critical to the organization.

‍

‍

Executive capacity requires:

• Directing the management of the organization or a major component
• Establishing goals and policies
• Exercising wide discretionary decision-making latitude
• Receiving only general supervision from higher-level executives or the board

Evidence needed: Organizational charts showing reporting structure, job descriptions detailing specific managerial or executive duties, evidence of subordinates and their qualifications, and documentation of decision-making authority.

Common pitfall: In small companies, "managers" spend most of their time on operational tasks rather than managing. USCIS scrutinizes whether the primary duty is truly managerial.

L-1B: Specialized Knowledge Workers

Specialized knowledge defined: knowledge of the company's product and its application in international markets. It can also mean advanced knowledge of the organization's processes and procedures.

What qualifies:

• Proprietary company systems, methodologies, or technologies
• Advanced expertise in company-specific processes
• Product knowledge is not commonly available externally.
• Technical understanding that would take years to develop

What doesn't qualify:

• General industry knowledge that any professional would have
• Skills acquired through standard education or short training
• Expertise that's easily transferable or readily available in the U.S. labor market

Evidence needed: You must provide a detailed explanation of the specialized knowledge. Include documentation of how it was acquired. Provide evidence of the knowledge's proprietary nature and expert declarations explaining why it is unique to the company.

Common pitfall: Failing to distinguish company-specific specialized knowledge from general professional competence. USCIS frequently challenges whether claimed knowledge is truly "special."

New Office L-1 Requirements

L-1 petitions to establish a new U.S. office face extra requirements. A new office is an organization that has been doing business for less than one year. These requirements go beyond standard L-1 criteria.

Core New Office Requirements

• Physical premises: The new U.S. office must have secured physical space to conduct business. Evidence includes:
  
  • Lease agreement for office space
  • Purchase contract if buying property
  • Office photos showing the space are appropriate for the proposed business.
  • Documentation that the space can accommodate the proposed operations

Virtual offices or co-working arrangements require careful documentation showing they provide genuine operational space, not just a mailing address.

• Financial capacity to support operations: The petitioning company must demonstrate sufficient financial resources to:
  
  • Pay the transferred employee's salary.
  • Cover operational costs (rent, utilities, equipment)
  • Sustain business operations during the startup phase.

Evidence includes bank statements showing adequate capitalization, funding commitments from the parent company or investors, business financial statements, and proof of asset transfers to the new entity.

• Business viability: USCIS wants to see that the new office will begin doing business immediately upon approval, not remain dormant or speculative. Evidence includes:
  
  • Signed client contracts or letters of intent
  • Supplier agreements
  • Business licenses and permits
  • Marketing materials or website
  • Evidence of business development activities

Additional Documents for New Offices

• Business plan: A comprehensive business plan is essential for new office petitions. It should include:
  
  • Description of the business and its products/services
  • Market analysis and competitive landscape
  • Organizational structure and growth projections
  • Financial projections for the first 3-5 years
  • Hiring timeline showing when additional staff will be brought on
  • Explanation of the transferred employee's role

For L-1A new office petitions specifically: The business plan must demonstrate that within one year of approval, the transferred manager or executive will be supervising professional-level staff or managing an essential function. This is critical because USCIS will closely review the first extension to verify that this occurred.

Supporting documents:

• Articles of incorporation or LLC formation documents
• Evidence of parent company operations abroad
• Contracts or agreements establishing the new entity
• Tax identification numbers and business registrations
• Evidence of capital investment or funding transfers

New Office Approval Timeline

Initial approval period: One year only, compared to three years for established company petitions.

Why shorter: USCIS wants to verify the business actually establishes operations and the managerial or specialized knowledge role materializes as planned.

Extension requirements: The first extension must demonstrate:

• Business is operational and doing business.
• The transferred employee is performing in the approved capacity.
• For L-1A, the employee is primarily engaged in managerial/executive duties (not mostly operational work)
• Financial and physical resources are sufficient.

Many new office L-1A petitions face challenges at the first extension if the business hasn't grown as projected or the employee is still performing hands-on operational work.

Common Documentation Mistakes (RFEs)

Requests for Evidence are common in L-1 petitions. Understanding frequent mistakes helps you avoid them.

• Insufficient proof of the qualifying corporate relationship: Incomplete ownership documentation or unclear organizational structures.
  
  • Solution: Submit comprehensive corporate documents, stock certificates, organizational charts, and financial statements.
• Weak managerial/executive evidence (L-1A): Job descriptions mixing significant operational work with managerial duties.
  
  • Solution: Clearly delineate managerial responsibilities, provide organizational charts showing staff supervised, and document decision-making authority.
• Unclear specialized knowledge claims (L-1B): Vague descriptions without explaining what makes the knowledge special.
  
  • Solution: Provide detailed technical explanations, documentation of proprietary nature, evidence of how it was acquired, and expert letters explaining why it's not commonly available.
• Inadequate proof that both entities are “doing business”: Only corporate formation documents without operational evidence.
  
  • Solution: Include financial statements, tax returns, client contracts, employee payroll records, and business licenses.
• Missing or weak foreign employment documentation: Failing to document a full one-year period abroad or not showing a foreign role that qualifies.
  
  • Solution: Provide detailed employment verification letters, full-year pay stubs, and organizational charts showing the position.
• Incomplete new office evidence (when the U.S. entity is < 1 year old): Insufficient business plans or proof of financial capacity.
  
  • Solution: Submit detailed business plans with financial projections, evidence of adequate capitalization, lease agreements, and clear growth timelines.

For detailed guidance on avoiding these issues, see the complete L-1 visa application process guide.

‍

‍

Additional Eligibility Considerations

Blanket L-1 Petitions (for large, established multinational groups)

Some multinational employers can pre-qualify the company group under a Blanket L, so future transfers don’t require a full, individual L-1 petition package every time.

To qualify for Blanket L, the petitioner must meet baseline structural requirements (including having a U.S. office that has been doing business for 1 year or more, and having 3 or more domestic and foreign branches/subsidiaries/affiliates), and must also meet at least one of these numeric thresholds:

• 10 approved L petitions for managers/executives/specialized knowledge professionals in the previous 12 months, or
• $25 million in combined annual sales among U.S. subsidiaries/affiliates, or
• 1,000 U.S. employees.

Change of Status vs Consular Processing

• Change of status: For applicants already in the U.S., the employer files Form I-129 to request a change of status. No visa stamp is issued.
• Consular processing: After I-129 approval, you attend a visa interview abroad to receive the L-1 visa stamp. For complete details on L-1 processing time, including standard and premium processing options, current wait times vary by service center and consulate location.

L-2 Dependent Eligibility

Who qualifies:

Spouses and unmarried children under 21 of L-1 principals qualify for L-2 dependent status.

L-2 spouse work authorization:

L-2 spouses are generally considered work-authorized incident to status, meaning they are granted work authorization through their status rather than requiring an EAD as a prerequisite. In practice, this is often evidenced through the individual’s I-94 record when properly annotated for L-2 spouses.

L-2 children

L-2 children may attend school but are not work-authorized as dependents.

Get Expert L-1 Visa Requirement Guidance

Successfully navigating L-1 requirements demands careful attention to corporate relationships, qualifying roles, and comprehensive documentation. Beyond Border provides full-service L-1 petition support for multinational companies and individual transferees.

Schedule your free consultation and profile evaluation→

Frequently Asked Questions

What are the main L-1 visa requirements?

Main requirements include: one year of continuous employment abroad with the qualifying organization in the past three years, transfer to a U.S. role in managerial, executive, or specialized knowledge capacity, and a qualifying corporate relationship between foreign and U.S. entities (parent/subsidiary, branch, or affiliate).

How long do I need to work abroad before qualifying for an L-1 visa?

At least one year of continuous full-time employment with the qualifying foreign organization within the three years immediately before your U.S. transfer. Brief vacations don't break continuity, but extended gaps or employer changes do.

What is a qualifying relationship for an L-1 visa?

A qualifying relationship exists when the U.S. and foreign entities are parent/subsidiary, branch/headquarters, sister companies under common ownership, or affiliates with common control. Typically requires at least 50% shared ownership or effective control through management.

Do I need a degree for an L-1 visa?

No. L-1 has no formal education requirement. Qualification is based on your role (managerial, executive, or specialized knowledge) and the corporate relationship - not academic credentials.

What is the difference between L-1A and L-1B requirements?

L-1A requires you work in a managerial or executive capacity with authority over people or essential functions. L-1B requires specialized knowledge about the company's products, services, or processes that's not commonly available. 

Both require the same one-year foreign employment and a qualifying corporate relationship.

What additional documentation is needed for new office L-1 petitions?

New office petitions require physical premises (a lease or purchase agreement), evidence of financial capacity to support operations, a comprehensive business plan showing growth projections and a hiring timeline, and, for L-1A, a demonstration that the role will be primarily managerial within one year.

Can both companies be startups for an L-1 visa?

The foreign entity must be an established, operating business with at least one year of experience (to meet the one-year employment requirement). The U.S. entity can be a new startup, but you'll need to meet new office petition requirements.

What documents prove I'm a manager for L-1A?

Organizational charts showing your position and reporting structure, job description detailing managerial duties, evidence of subordinates and their qualifications, documentation of hiring/firing authority, and employment letters confirming your managerial responsibilities.

Why do L-1B petitions get RFEs about specialized knowledge?

USCIS frequently questions whether claimed knowledge is truly unique to the company or merely reflects general professional competence. Strong responses provide technical details, evidence of proprietary nature, and expert letters explaining why the knowledge isn't commonly available in the U.S. labor market.

Can I file L-1 if I don't meet all requirements?

Filing without meeting all requirements will likely result in denial. It's better to address any gaps first - such as completing the full year abroad, clarifying the corporate relationship, or better documenting managerial duties - before filing.