L-1A vs L-1B Overview

The L-1 visa intracompany transferee category has two distinct subcategories serving different employee types within multinational companies. Understanding which applies to your role is critical because eligibility requirements, maximum stay periods, and paths to permanent residency differ significantly.

The L-1A visa serves managers and executives transferring to U.S. locations in leadership capacities. The L-1B visa is for employees with specialized knowledge of a company's products, services, processes, or procedures. Both allow intracompany transfers within qualifying multinational organizations, but the nature of your role determines which category applies.

Selecting the correct category is essential. Filing under the wrong category leads to denial. Understanding the differences in advance helps you choose the right classification and gather the necessary evidence.

Eligibility Differences

The fundamental distinction between L-1A and L-1B lies in what qualifies you for each category.

L-1A: Managerial and Executive Capacity

L-1A requires that you work in a genuinely supervisory or executive capacity - both in your foreign role and your U.S. role.

Managerial capacity means:

• Managing the organization, a department, subdivision, function, or component
• Supervising and controlling the work of professional employees, managers, or supervisors
• Having the authority to hire, fire, or recommend personnel actions
• Exercising discretion over day-to-day operations at a senior level

Function managers qualify: You don't necessarily need to manage people. Managing an essential business function (like overseeing a country's entire finance or legal compliance) can satisfy the standard if the function is senior and critical.

Executive capacity means:

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

What USCIS scrutinizes for L-1A:

• Whether the title matches actual duties
• Whether you spend most of your time managing or doing operational work
• For small companies, whether you have sufficient staff to manage
• Evidence of decision-making authority and discretion

Common L-1A qualification issues:

• Managers who spend significant time on hands-on work
• Supervisors with authority only over administrative staff
• "Managers" at small companies where everyone does operational work
• Titles suggesting management without actual managerial duties

‍

‍

L-1B: Specialized Knowledge

L-1B requires that you have specialized knowledge about the company and transfer to a role utilizing that knowledge.

Specialized knowledge defined: Special knowledge of the company's product, service, research, equipment, techniques, management, or other interests and its application in international markets, OR advanced level of knowledge of the organization's processes and procedures.

What qualifies as specialized knowledge:

• Proprietary company systems, methodologies, or technologies that are not used industry-wide
• Advanced expertise in company-specific processes beyond general professional knowledge
• Product knowledge is not commonly available externally.
• In-depth understanding of the company's specific operations that would take years for an outside hire to acquire
• Technical knowledge of the company's unique approaches or innovations

What does NOT qualify:

• General industry knowledge that any professional in your field would have
• Skills acquired through standard education or short-term training
• Expertise that's easily transferable or readily available in the U.S. job market
• Being experienced or senior without having company-specific special knowledge

What USCIS scrutinizes for L-1B:

• Whether the claimed knowledge is really special to the company or just general professional competence
• Whether U.S. workers could be trained in the knowledge within a reasonable time
• How the knowledge was acquired and why it's company-specific
• Evidence that the knowledge is proprietary or unique

Common L-1B qualification issues:

• Failing to distinguish company-specific knowledge from general skills
• Vague descriptions without explaining what makes knowledge "special."
• Claims the knowledge is proprietary without supporting evidence
• Knowledge that appears easily acquirable through standard training

Core Similarities

Both L-1A and L-1B share certain base requirements regardless of category:

• One year of continuous employment abroad: Both require at least 1 year of continuous full-time employment with the qualifying foreign organization within the 3 years preceding the U.S. transfer.
• Qualifying corporate relationship: Both require that the U.S. and foreign entities have a qualifying relationship - parent/subsidiary, branch, or affiliate under common ownership or control.
• Doing business: Both require that both entities are actively conducting business operations, not just maintaining a nominal presence.
• Transfer to qualifying role: Both require transfer to a U.S. position that utilizes the qualifying capacity (managerial/executive for L-1A, specialized knowledge for L-1B).

Evidence Comparison

The needed documentation to prove L-1A versus L-1B qualification differs based on the distinct standards.

L-1A Evidence Focus

• Organizational structure: Charts showing reporting lines, your position, and who reports to you or what function you manage.
• Job description: Detailed managerial/executive responsibilities, percentage of time on qualifying duties, evidence of decision-making authority, and hiring/firing power.
• Role seniority evidence: Employment letters detailing duties, documentation of your role's significance, and evidence that the U.S. entity needs managerial oversight.
• For small companies: Business plans showing growth, evidence of operational work will be delegated, and a demonstration that management is your primary duty.

L-1B Evidence Focus

• Specialized knowledge documentation: Technical explanation of the knowledge, evidence that it's proprietary or company-specific, and documentation of how you acquired it through training or years of developing company systems.
• Evidence that knowledge isn't commonly available: Expert declarations explaining why it's special; comparison with general industry knowledge; evidence thatexternal hiring wouldn't provide the same knowledge.
• U.S. role documentation: Job description showing how the position requires your specialized knowledge, and an explanation of the particular project or system needing the transfer.

Documentation Both Need

Corporate relationship evidence, one-year employment verification, U.S. position details, and proof that both entities are actively doing business.

L-1A petitions succeed when: Charts clearly show authority, descriptions emphasize management over operations, and evidence demonstrates genuine decision-making power.

L-1B petitions succeed when: Technical documentation explains what makes knowledge special, expert letters certify its proprietary and not commonly available, and evidence shows extensive time acquiring company-specific expertise.

Maximum Stay and Extensions

One of the most significant practical differences between L-1A and L-1B is how long you can remain in the United States.

• L-1A: 7 years maximum. Initial validity up to 3 years (1 year for new offices); extensions in 2-year increments until reaching a total of 7 years.
• L-1B: 5 years maximum. Initial validity up to 3 years (1 year for new offices), extensions in 2-year increments until reaching 5-year total - 2 years less than L-1A.
• After maximums: Must reside outside the U.S. for at least one continuous year before filing a new L-1 petition with the same or affiliated employer, unless an I-485 or immigrant visa application is pending.
• Switching between categories: Time in both statuses counts toward each respective limit with the same employer. Three years in L-1B means only 4 more years available in L-1A (totaling 7), and L-1B eligibility is exhausted.
• Extension strategy: L-1B holders pursuing green cards face more time pressure. Filing EB-2 or EB-3 well before the 5-year mark is essential to avoid status gaps.

‍

‍

Green Card Pathways

The most strategically important difference between L-1A and L-1B is the path to permanent residency.

L-1A to EB-1C: Fast Track

• L-1A holders can pursue EB-1C green cards - a first-preference category for multinational managers/executives.
• Main benefits: No PERM labor certification (saves 12-24 months), similar evidence to L-1A qualification, and generally current priority dates for most countries.
• Timing: Many file 6-12 months after L-1A approval. New office holders typically wait until after the first extension.
• Timeline: For most countries, 18-30 months from filing to green card. India adds 2-4 years for priority date waits.

For detailed guidance, see the L-1A-to-green-card process.

L-1B to EB-2/EB-3: Requires PERM

L-1B holders have no direct green card category and must pursue EB-2 or EB-3, both of which require PERM labor certification.

• PERM process: Takes 12-24 months, costs $4,000-$8,000. The employer must test the U.S. labor market and demonstrate that no qualified U.S. workers are available.
• EB-2 requirements: Advanced degree OR bachelor's plus 5 years of experience.
• EB-3 requirements: Bachelor's degree OR 2 years of experience.
• Priority date backlogs: For India and China, both face 5-10+ year waits after I-140 approval before filing I-485.
• Timeline: For most countries, 30-48 months. India/China adds 5-10+ years to priority wait times.

For detailed guidance, see the L-1B-to-green-card process.

Strategic Implications

• India/China nationals: L-1A with EB-1C provides dramatically faster permanent residency (3-5 years total). L-1B with EB-2/EB-3 faces 7-12+ years due to PERM plus priority backlogs.
• Other nationalities: L-1A is still faster (no PERM saves 12-24 months). L-1B is still feasible with 3-4 year total timelines.
• Planning: Professionals who may qualify for both should strongly consider an L-1A for a longer stay and a substantially faster, cheaper path to permanent residency.

Which L-1 Category Is Right for You?

Your actual role determines category eligibility, not your title or preference.

You Likely Qualify for L-1A If:

You manage professional employees or managers, have hiring/firing authority, set policies or strategic direction, exercise discretion over senior-level operations, direct organizational management as an executive, or manage an essential business function.

You Likely Qualify for L-1B If:

You possess deep technical knowledge of company-specific systems or processes, your expertise is proprietary and not commonly available, you developed or worked extensively with unique company methodologies, external hiring couldn't replicate your knowledge, or you're transferring to implement specialized company systems.

Tactical Selection

• If you qualify for both, choose L-1A for a longer stay (7 vs 5 years) and a faster green card path.
• If borderline L-1A: Strengthen evidence of authority and decision-making power before filing.
• If only L-1B qualifies: Start green card planning immediately, given the 5-year limit and PERM requirements.
• Small companies: L-1A is harder when managers do hands-on work. L-1B may be realistic, but it includes growth plans.

Cost and Processing Differences

While L-1A and L-1B have similar filing costs, there are some differences.

Filing Costs (Similar for Both)

Cost item (same for L-1A & L-1B)

Amount

Notes

Form I-129 (L classification)

$1,385

Reduced to $695 for qualifying small employers/nonprofits. (USCIS)

Asylum Program Fee (employer-paid)

$0 / $300 / $600

$0 for nonprofits, $300 for small employers (≤25 FTE), $600 otherwise. (USCIS)

Fraud Prevention & Detection Fee

$500

Applies to certain L filings (commonly initial/change of employer). (USCIS)

Additional fee (only if employer triggers it)

$4,500

Applies to certain employers under statute (commonly the “50+ employees / >50% in H-1B or L” trigger). (USCIS)

Premium processing (optional)

$2,805 → $2,965

$2,805 if postmarked on/before Feb 29, 2026; $2,965 if postmarked on/after Mar 1, 2026. (USCIS)

‍

Processing Time

‍

Processing type

L-1A

L-1B

Numeric timing

Standard processing (USCIS)

Similar

Similar

USCIS does not publish one fixed number for L-1; it varies by service center/workload. In practice, it’s typically 2-6 months for many cases (therange can be wider).

Premium processing (Form I-907)

Same

Same

USCIS “premium processing” provides an adjudicative action within 15 calendar days for eligible I-129 classifications (approval/denial/RFE/NOID). (USCIS)

RFE impact (practical)

Lower (often)

Higher (often)

If an RFE is issued, timelines often extend by 2-4+ months, depending on response prep and USCIS review. (Practice-based; not a USCIS-published metric.)

​

Get Expert L-1A vs L-1B Guidance

Determining your eligibility for L-1A or L-1B and preparing the necessary evidence requires a thorough analysis of your role and each category’s documentation standards. Beyond Border offers comprehensive assessment and petition services for both L-1A and L-1B.

Ready to determine which L-1 category fits your situation?

Schedule your free consultation and profile evaluation→

Frequently Asked Questions

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

L-1A is for managers and executives transferring in managerial and executive capacity. L-1B is for employees with specialized knowledge about the company's products, services, or processes. L-1A allows a maximum 7-year stay and leads to EB-1C green cards without labor certification. L-1B is valid for only 5 years and requires a PERM to be eligible for a green card.

Can I switch from L-1B to L-1A?

Yes, if you later qualify for a management or executive role with the same employer. However, time spent in L-1B counts toward L-1A's 7-year maximum. For example, 3 years in L-1B leaves only 4 years available in L-1A.

Which is easier to get: L-1A or L-1B?

Neither is inherently easier - they evaluate different qualifications. L-1A requires proving executive or executive capacity with authority and decision-making power. L-1B requires proving specialized, company-specific knowledge not commonly available. Both face scrutiny, with L-1B often receiving more RFEs about whether knowledge is truly "specialized."

Can L-1B holders get green cards?

Yes, through EB-2 or EB-3 categories. However, both require PERM labor certification (adding 12-24 months and significant expenses). For India and China, priority date backlogs add 5-10+ years. L-1B's green card path is substantially longer and more expensive than L-1A's EB-1C option.

How long can I stay on L-1A vs L-1B?

L-1A allows 7 years total. L-1B allows 5 years total. Both grant initial approvals of up to 3 years (1 year for new offices), with extensions in 2-year increments until the maximum is reached.

Can I have both L-1A and L-1B at the same time?

No. You hold one status at a time. However, you can switch between them if you qualify for different roles. Time in either status counts toward both limits when with the same employer.

Do L-1A and L-1B have different salary requirements?

No specific salary requirements exist for either category. However, the employer must demonstrate financial ability to pay the offered wage. For L-1B, a high salary can serve as evidence that your knowledge is special compared to standard market rates.

Can I apply for L-1A if my title isn't "manager" or "executive"?

Yes. USCIS evaluates actual job duties, not titles. You can qualify for L-1A even if you hold a non-management title if your duties are genuinely executive or executive. Conversely, a "Director" or "VP" title doesn't guarantee L-1A if you perform primarily operational work.

What happens if I file under the wrong L-1 category?

The petition will likely be denied. If you file L-1A but USCIS determines your role isn't managerial/executive, they won't automatically convert it to L-1B - they'll deny it. Accurate category selection upfront is essential.

Is L-1A better than L-1B?

For professionals who qualify for both, L-1A generally offers better outcomes: 2 additional years of stay (7 vs 5 years) and substantially faster, cheaper green card path through EB-1C. However, you must genuinely qualify as a manager or executive - you can't simply choose L-1A if your role is technical or specialized.