Multinational companies that want to transfer executives, managers, or key talent to the United States need the L-1 visa. It has no annual cap or lottery, and it can be filed at any time during the year.
In our experience, the most important factor in L-1 visa approval is evidence. The multinational company needs to have a qualifying relationship with its U.S. entity, and the employee needs to be in a managerial, executive, or specialized knowledge role.
This article explains the full application process, eligibility requirements, current processing times and fees, and how to extend status. Beyond Border specializes in L-1 visa petitions and has filed over 4,000 cases with a 98% approval rate.
The L-1 visa is a U.S visa that allows a multinational company to transfer a qualified working employee to its branch, affiliate, or subsidiary in the United States, where they will continue working in an executive, managerial, or specialist position. For example, a multinational company like Google transfers an employee from its London office to its Headquarters in the United States. For this to be successful, the employee will need an L-1 visa.
The L-1 visa is a non-immigrant visa, meaning the employee does not have permanent residence, but it is usually the first step to getting a green card.
Unlike the H-1B, the L-1 has no annual limit and is not subject to an annual lottery. A company can file an L-1 petition on any business day of the year. However, eligibility depends on the employer, the employee, and whether the proposed role meets USCIS standards.
The relationship between the foreign and U.S. entities can take several forms. It could be a parent company, subsidiary, affiliate, or branch. The entities do not need to have been cooperating for years. The company may file for a brand-new U.S. entity that has not yet operated for a full year; however, the petition will undergo heightened scrutiny.
The L-1 visa applies to one specific employer. This means the employee is authorised to work for the petitioning employer and in the approved role. If you move to a different employer or change your role, you will need to file a new petition.
There are two major L-1 visa requirements, one for the employee and one for the employer. Here’s what you need to know.
For a new U.S. office, the requirement is different. A company may file an L-1 petition to establish a new U.S. company that has been operating for less than one year and is physically located in the United States. However, for this to be successful, the petition must include a detailed business plan, evidence of a secured physical space, and documented financial statements to support the proposed operations.
An initial petition for a new office is only approved for a maximum of one year, after which you’ll have to file for an extension. During the extension period, USCIS reviews the office to determine whether it has grown as projected in the initial petition.
The following requirements apply to employees;
For L-1A, the role must be a genuine executive or managerial position, not a managerial title attached to an operational duty. For example, a VP of Corporate Finance in the Madrid office who is being transferred to become the Chief Financial Officer of the entity at its U.S. headquarters qualifies. But a Head of Accounts who primarily processes invoices and ledgers, even with a team of junior staff, does not.
There are two main L-1 visa types: L-1A and L-1B. Both have different requirements for the role and the employer relationship.
This visa type is for managers and executives. Managers, according to USCIS, control the work of professional employees, supervisors, and other managers and have the authority to hire, fire, or recommend personnel.
Executives, on the other hand, are above the managers and direct the management of the organisation or a major component of it. For example, CEOs, COOs, country managers, and regional presidents all qualify. USCIS scrutinizes L-1A petitions to confirm that the supporting documents prove that there is a clear managerial scope.
L-1A visas are initially issued for 3 years, after which you can file for an extension up to 2 years. However, the maximum stay is 7 years. It also offers a green card pathway as applicants can petition for the EB-1C green card, with no PERM labor certification required.
The L-1B visa is for employees with a specialized or advanced level of knowledge related to the organization's products, services, research, equipment, management, etc. The main highlight of this is that the applicant's knowledge is specific to the company’s proprietary systems and knowledge.
For example, a software engineer who is highly skilled in Python, AWS, etc does not qualify. But a software engineer who built and maintained a proprietary product that no U.S. hire can replicate qualifies for the visa. The bottom line is that their knowledge is tied to the company’s intellectual process.
The L-1 visa process requires that you have a qualifying relationship between the foreign and U.S entity, and the employee has a qualifying foreign employment in the last 3 years. With this, you can apply for the L-1 visa by following these steps;
The employer files Form I-129 (Petition for Nonimmigrant Worker) with the appropriate USCIS service center. California and Vermont service centers handle the most L-1 petitions. The base filing fees for L-1 are $730 for Form I-129, plus a $600 Asylum program fee. If you want premium processing, that costs an extra $2,965.
Alternatively, if the company already has an approved blanket L petition, they skip the USCIS step entirely. The employer issues a letter to the employee, who takes the petition documents directly to a U.S. consulate. This reduces the total timeline to about 1-3 months.
L1 visa processing timeline under standard processing is 6 months. But with premium processing, you can receive an action (approval, denial, or RFE) from USCIS in 15 business days. The premium processing time starts from the day USCIS issues the receipt, not from the Date of Filing.
An RFE is not a denial. It just means that USCIS needs more supporting documents to validate the petition. A thorough, well-documented response to an RFE can result in approval. This is why working with specialists is important. At Beyond Borders, we help employers prepare comprehensive, well-documented L-1 petitions to USCIS, which strengthens the application and eliminates the risk of an RFE.
After USCIS approval, employees outside the U.S. apply for a visa stamp at a U.S. consulate using Form DS-260. Afterwards, you’ll wait for an interview time. Interview wait time for an L-1 visa is roughly 1 to 3 months, depending on the country. After a successful consular interview, the officer will collect your passport and return it in 5 to 10 business days. For blanket petitions, applicants can schedule their consular appointment without waiting for USCIS approval.
Your passport is returned to you with a visa stamp, which allows you to enter the U.S. The Border Control officer at the port of entry will issue an I-94 showing the authorised period of stay. The I-94 date, not the visa stamp expiry, controls how long the employee may legally remain and work in the United States. For example, an employee can have a 3-year I-94 but a 1-year visa stamp. They can remain and work in the United States for up to 3 years.
To extend your L-1 visa, you’ll require the same Form I-129 filed during the initial petition to the same service centers. The L-1 visa extension processing time is approximately 6 months for standard processing and 15 business days for premium processing.
File for an L-1 extension at least 6 months before the I-94 expiry date. Given that standard processing takes the same timeframe, the extension will likely still be pending when the I-94 expires. But the 240-day rule covers this.
Under 8 CFR 274a.12(b)(20), if the extension petition is filed before the I-94 expires and remains pending after that date, the employee can continue working with the employer for up to 240 additional days.
However, you cannot travel outside the U.S during these 240 days, as it will be treated as an abandonment of the petition, and you cannot work with a different employer. If your extension is denied during these 240 days, your work authorization ends immediately.
Note: There is a difference between an extension and a renewal. An L-1 visa extension allows an employee to remain in the United States and continue working for a longer period by filing Form I-129 with USCIS before their current stay expires. An L-1 visa renewal, on the other hand, involves getting a new visa stamp at the consulate abroad after the current visa has expired. This is only necessary if the employee needs to travel abroad and then re-enter the country.
Spouses and unmarried children of L-1 holders under 21 are eligible for L-2 status. L-2 allows the dependent to live in the United States for as long as the L-1 applicant and to maintain that status throughout each extension.
Spouses do not need an Employment Authorisation Document (EAD) and can work for any U.S. employer once their L-2 status is valid and current. Children, on the other hand, do not automatically receive work authorization. L-2 children who want to work must apply for an EAD on Form I-765, which takes around 11.5 months to process. When children are older than 21, they’re no longer eligible for L-1 status.
Obtaining an L-2 status depends on where the dependents are located. If they are already in the U.S. on another valid nonimmigrant status, they can apply to change their status by filing Form I-539, either together with the principal L-1 applicant or separately. The dependent's L-2 status will not be approved until USCIS approves the I-539 application. The processing time takes a few months.
Alternatively, if the dependents are outside the U.S., they can apply for an L-2 visa at a U.S. consulate, either at the same time as the principal applicant or after the principal applicant's L-1 visa has been approved.
There are two paths by which the L-1 visa ultimately leads to a green card. But they both have different timelines.
L-1A holders can petition for the EB-1C (multinational executive or manager) green card. To qualify, the employee must have worked for the multinational company abroad in a managerial or executive role for at least one continuous year in the three years preceding the EB-1C petition filing. Having an approved L-1A is strong evidence that shows this requirement.
Unlike other employment-based green card categories, EB-1C does not require PERM labor certification. This removes the lengthy recruitment process that can delay processing.
Typically, the EB-1C process can take 18 to 36 months from initial filing to receiving a green card. This timeline includes Form I-140 processing, which can take a few months, followed by adjustment of status or an immigrant visa.
This category is attractive for nationals of countries with significant backlogs in other employment-based categories, such as Indian nationals with a 12-year backlog in the EB-2 category, because it provides a faster route to permanent residence.
At Beyond Border, our attorneys recommend that you begin the EB-1C process 2 to 3 years before reaching the maximum stay on your L-1A visa.
L-1B holders do not have the same direct path to permanent residence as L-1A holders. Instead, most applicants go through the EB-2 route, which requires employer sponsorship and a PERM labor certification.
During this process, the employer must demonstrate that no qualified U.S. worker is available for the position. After the PERM is approved, the employer can file an EB-2 or EB-3 immigrant petition on the employee’s behalf. Getting the labor certification alone can add 8 to 18 months or more to the green card process before filing the I-140.
There are three options for L-1B holders whose visas are approaching the maximum period.
In our experience, we advise L-1B holders to begin the PERM certification process early enough. PERM takes 12 to 18 months before filing the I-140. Beginning the PERM process in year 4 or 5 of your L-1B visa will create a gap, as the timeline is too short.
USCIS currently processes Form I-129 L-1 petitions in approximately 6 months under standard processing. Premium processing reduces the timeline to 15 business days.
Here’s a breakdown of the fees you can expect to pay;
For the complete processing time breakdown, including the wait times by post, application timelines and premium processing, see the full L-1 visa processing time guide.
No, an L-1 visa is specific to one employer and is based on a qualifying relationship between the foreign and the U.S. entity. If you want to work for a different employer, the company must independently qualify for an L-1 petition through its own multinational structure. There is no transfer structure for the L-1.
Yes, it is. Meaning, you can enter the United States as a temporary worker while also pursuing permanent resident status. Applying for a green card does not by itself jeopardize your L-1 status.
Yes. You can apply to extend your L-1 visa beyond the initial approval date, provided you remain employed by your sponsoring employer and meet eligibility requirements. You can request an extension by filing a petition with USCIS before your stay expires.
There is no fixed number of times you can extend your L-1 visa, but there is a maximum time limit. The maximum duration of an L-1A visa is 7 years, and you can extend it in 3-year increments. The L-1B visa, on the other hand, has a maximum duration of five years.
Yes. The L-1 is a nonimmigrant visa that allows multinational companies to transfer managers, executives, and specialized knowledge employees to the United States temporarily. However, because it’s a dual-intent visa, L-1 holders can pursue permanent residency without violating their non-immigrant status.
