L-1 Visa For

Cross Border Companies

How to send your employees to the US on L-1 visas.

TRUSTED BY CROSS BORDER BUSINESSES

L-1 Criteria Explained for Cross Border Companies

1
Managerial Or Specialist Capacity

You primarily manage a team, department, or key function, not just projects. You direct the work of other professionals or have specialist knowledge within the firm. You are not a "player-coach" who spends most of their time on individual-contributor tasks

2
Authority & Discretion

You have authority to hire, fire, and set pay for your team.

3
Strategic Oversight

You make high-level decisions, not just day-to-day implementation. You set the product roadmap, define engineering culture, or create the go-to-market strategy, and are able to procure evidence for it.

4
Qualifying Relationship

Your US company and foreign entity which issues your payroll in the last 1 year are parent, subsidiary, or affiliates.

5
One Year Abroad

You were employed full-time by the foreign entity in a managerial or executive role for at least one continuous year within the last three years.

How Cross Border Teams Qualify for the L-1 Visas

Launching or managing a US office require a technical L-1A/B petition, but we have numerous examples of success.

The key is to demonstrate future managerial or specialist capacity through a credible, detailed business and organisation plan. We focus on the metrics of your launch: your authority to hire US staff, your control over the US budget, and your strategic role in establishing the new entity, not just making the first sale or writing the first line of code.

Your evidence is the corporate structure: the secured US office space (we review leases and floorplans), and the comprehensive 1-year immigration specific business plan.

How Cross Border Teams Qualify for the L-1 Visas

Launching or managing a US office require a technical L-1A/B petition, but we have numerous examples of success.

The key is to demonstrate future managerial or specialist capacity through a credible, detailed business and organisation plan. We focus on the metrics of your launch: your authority to hire US staff, your control over the US budget, and your strategic role in establishing the new entity, not just making the first sale or writing the first line of code.

Your evidence is the corporate structure: the secured US office space (we review leases and floorplans), and the comprehensive 1-year immigration specific business plan.

Common Challenges for Tech Launch Teams Getting the L-1A/Bs

Proving You Are a "Manager" or “Specialist

Your primary challenge is proving your role is managerial / specialist. You will need a detailed business plan and organizational chart to prove that your primary function is to direct the US entity, set strategy, and establish why your knowledge is specialised and required in the US market.

Establishing the "Viability" of the New Office

  • Your challenge isn't just proving your role, but proving the new office itself is a bona fide operation backed by sufficient investment and a realistic plan.
  • This involves showing a clear financial runway, a defined product-market fit for the US, and a physical location. Your initial L-1A/B is for only one year for new US entities, and your extension will depend entirely on proving you met these launch goals and successfully grew the team.

Move with Confidence

More than 90% of our clients run a cross border business with a U.S. entity with team mobility needs.

We pre-vet our attorneys with strong track records, so you don’t have waste months finding a good one.

Cross-border Founders, CTOs, to individuals partner with us to get the L-1 visas.

Business Image

Work with 15+ years of combined extraordinary visa knowledge. We are confident in your approval.

Seamless Image

Other visas we specialize in

Frequently asked questions

What is the L-1 visa for cross border companies?

The L-1 visa for cross border companies is used when an international business wants to transfer a key employee from a foreign office to a related U.S. office. “Cross border company” is business language, not a separate visa category. The case still has to meet the normal L-1 rules, including a qualifying relationship between the U.S. and foreign entities and a qualifying employee transfer.

Can a cross border company use the L-1 visa to move employees into the U.S.?

Yes. A cross border company can use L-1 if the U.S. entity and foreign entity are properly related as a parent, subsidiary, branch, or affiliate, and the employee is being transferred in a qualifying role. USCIS does not treat international activity by itself as enough. The company relationship and the employee’s eligibility both have to be clearly documented.

What kind of employees qualify for L-1 in a cross border company?

The strongest L-1 candidates are executives and managers under L-1A, and specialized knowledge employees under L-1B. In practice, that often includes regional leaders, country managers, operations heads, implementation leads, product specialists, and technical employees with company-specific knowledge that would be difficult to replace quickly in the U.S. market.

Does the employee need to have worked for the foreign company before the transfer?

Yes. USCIS requires the employee to have worked abroad for a qualifying organization for at least one continuous year within the three years before admission to the United States, or before filing in certain cases. This is one of the core L-1 requirements and one of the first things that must be checked in any cross border company case.

What evidence is most important in an L-1 case for a cross border company?

The most important evidence usually includes proof of the corporate relationship between the foreign and U.S. entities, proof that both entities are doing business, records showing the employee’s qualifying foreign employment, and detailed job descriptions for the foreign and U.S. roles. USCIS looks closely at whether the documents show a real cross-border business structure rather than a paper relationship.

Can a cross border company use L-1 for both business leaders and technical specialists?

Yes. L-1A is used for managers and executives, while L-1B is used for employees with specialized knowledge of the company’s product, service, research, systems, techniques, or internal operations. That makes the L-1 category especially useful for cross border companies that need to move both leadership and critical know-how into the United States.

How long can a cross border company keep an employee in the U.S. on L-1 status?

It depends on the category. L-1A employees can stay in the U.S. for up to seven years, while L-1B employees can stay for up to five years, subject to the normal approval and extension rules. That longer runway is one reason L-1 is often attractive for companies building or expanding a serious U.S. presence.

Why do cross border companies choose Beyond Border for L-1 visa support?

90% of Beyond Border's clients are startups with cross border entities and L-1 visa needs. This is a well drilled process for us to advise startups on how to manage cross border operations.