U.S. Immigration under the L-1 Visa: Low Capital, Fast Entry, and Quick Transition to a Green Card

If you are an employer with an active office in the U.S. or looking to establish one, the L-1 visa might offer the benefits that you need to send experienced senior employees to the U.S. to develop your business.

However, like many other temporary work visas, it has both advantages and disadvantages that could either support or hinder your case.

Do not worry, the following article from ImmiPath will guide you through the requirements for U.S. immigration under the L-1 visa, including the L-1A and L-1B categories, as well as how to apply for your business. Check it out now!

1. What is the L-1 Visa for U.S. Immigration? What Types Are There?

The L-1 visa is a U.S. visa for intracompany transferees. It allows a U.S. company to transfer a key employee from one of its offices in another country to the U.S. The L-1 visa for U.S. immigration enables companies to open operations in the U.S. and transfer executives, managers, and specialized employees.

There are 2 types of L-1 visas:

• L-1A Visa: For managers and executives who are transferring to a U.S. office or coming to the U.S. to establish a U.S. office.
• L-1B Visa: For specialized employees who have the necessary knowledge or skills.

For both L-1A and L-1B, the employee must have worked for the company for at least 12 continuous months within the 36 months prior to the application.

The L-1A visa allows for a maximum stay of up to 7 years, while the L-1B visa allows for up to 5 years. However, if the employee has previously worked in the U.S. under an H visa, that time may be deducted from the permitted stay.

In both cases, the employer (the sponsoring employer) is responsible for submitting the visa application.

2. Conditions for Obtaining an L-1 Visa

Although obtaining a Labor Condition Application (LCA) for each H-1B or E-3 employee can be time-consuming and costly, the L-1 visa does not require this certification when transferring employees.

The L-1A visa is designed for individuals transferring within the company to managerial or executive positions (outside the U.S.), while the L-1B visa is for individuals transferring within the company to positions requiring specialized knowledge.

– L-1A Visa Requirements

To qualify for the L-1A visa, you must:

• Have worked for a qualifying company abroad for at least one continuous year within the three years immediately before entering the U.S.
• Be coming to the U.S. to provide your managerial or executive skills to a branch of the same employer or a qualifying organization.

– L-1B Visa Requirements

To qualify for the L-1B visa, you must:

• Have worked for a qualifying organization abroad for at least one continuous year within the three years immediately before entering the U.S.
• Want to come to the U.S. to provide services with specialized knowledge to a branch of the same employer or one of its qualifying organizations.

3. Advantages of the L-1 Visa for U.S. Immigration

The L-1 visa is divided into two categories: L-1A for managers and executives, and L-1B for employees with specialized knowledge. Each category has its own requirements and duration of stay.

When compared to many other types of work visas, the L-1 visa offers several benefits depending on your immigration situation that other visas may not provide.

3.1 Relatively Low Requirements

There are many types of work visas available for foreign professionals wishing to work in the U.S., and many have stringent requirements that can be difficult to meet.

For example: The O-1 visa requires applicants to demonstrate extraordinary ability through international awards or significant salary. The TN visa is only available to Canadian and Mexican citizens. The E-2 visa requires a substantial investment in a U.S. business.

In contrast, the L-1 visa only requires you to be a manager, executive, or specialized employee within a multinational company to qualify. This opens up opportunities for many individuals who may not qualify for other work visas.

3.2 No Job Offer Required

One of the most challenging aspects of obtaining an H-1B, J-1, or TN visa is finding an organization willing to sponsor you for the visa. If you qualify for an L-1 visa, you are already employed by a U.S. company that will sponsor you.

3.3 No Annual Cap

The L-1 visa is often compared to the H-1B visa due to their similarities. However, they differ significantly in that the H-1B visa has strict annual caps on the number of applications accepted.

Each year, a limited number of H-1B petitions are selected randomly from the pool of submitted applications, making it very difficult to obtain an H-1B if you are subject to the lottery.

In contrast, there is no cap on the number of L-1 visas granted each year. This means your application will not be denied due to a shortage of available visas.

3.4 Stay Duration / L-1B Visa Term

For the L-1A visa, the holder is allowed to stay in the U.S. for an initial period of up to 3 years. Afterward, they can extend their stay for a maximum of 7 years, surpassing the 6-year limit of the H-1B and the 5-year limit of the J-1 visa.

However, the L-1B visa can only be extended for a maximum of 5 years, making its stay duration less favorable compared to other work visas.

3.5 Educational Requirements

One of the major benefits of the L-1 visa is that it does not require a specific educational qualification to be eligible. This is a significant advantage over the H-1B visa, though there are other visas that also do not necessitate formal education. These include the O-1, E-2, TN, and J-1 visas.

3.6 Spouse and Dependents

If you are in the U.S. on an L-1 visa, you can bring your spouse and children with you under the L-2 visa, with the duration of the L-2 visa matching that of the L-1 visa holder.

Additionally, if your spouse qualifies for an Employment Authorization Document (EAD), they will also be able to work in the U.S.

This is a significant benefit of the L-1 visa as it allows your spouse to earn additional income to support the family if needed. Only the spouse, not the children, can work on an L-2 visa. Unfortunately, parents of L-1 visa holders are not eligible for L-2 visas.

3.7 Dual Intent

Similar to some other non-immigrant visas, the L-1 visa is considered “dual intent” by USCIS, meaning that L-1 holders can pursue lawful permanent residency (a green card) while on their L-1 status.

This is in contrast to certain work visas such as the J-1 and TN visas, where pursuing a green card could violate your status and potentially have negative consequences with USCIS.

Here is a summary of what you can apply for as an L-1 visa holder while in the U.S.:

• Labor Certification
• Immigrant Visa Application
• Adjustment of Status Application
• H-1B Visa Application or L-1 Visa Extension

It is a significant advantage to be able to apply for permanent residency (while in the U.S. on an L-1 visa) without facing negative consequences.

Furthermore, a benefit compared to the H-1B visa is that the employer does not need to prove that the salary meets the prevailing wage for similar occupations.

4. Disadvantages of the L-1 Visa

Unfortunately, all the benefits of the L-1 visa come with some limitations. Although the L-1 visa may be relatively easy to obtain, those same benefits can be viewed as drawbacks if you are not currently employed.

4.1 Employment Requirement

While this is seen as an advantage in some cases, it can easily become a disadvantage depending on your situation. If you are not currently employed by a large multinational company that has or will establish an office in the U.S., this can be a significant barrier.

This is especially true because you must have worked for that company for at least one year within the 3 years before you enter the U.S.

4.2 No Extensions Beyond Maximum Stay

This is one of the major drawbacks of the L-1 visa. While the L-1A allows holders to work for up to seven years, this limit cannot be exceeded for any reason.

For other visas, such as H-1B or J-1, extensions beyond the usual maximum period may be possible. 

Some visas like O-1 and E-2 allow for unlimited extensions. Unfortunately, L-1 holders are only granted one extension after their initial three years. After this period, they must either change their status or apply for a new L-1 visa.

4.3 Company Types

While other visas like the H-1B allow you to be employed by any employer in the U.S., the company sponsoring your L-1 visa must be a multinational corporation with an existing or planned branch, subsidiary, or office in the U.S.

This rule often excludes very small businesses or sole proprietors who do not have international branches. Be sure to consult with your immigration lawyer to determine whether your business qualifies for this visa.

4.4 Startups

Another practical limitation of the L-1 visa is that visa holders are not permitted to start their own businesses while in L-1 status.

To maintain your status, you must work only for your sponsoring employer and not for anyone else, meaning you cannot also work part-time for another employer. This contrasts with the H-1B visa, which allows both entrepreneurial activities and part-time work.

5. What are the Documents Required for L-1 Visa Application?

To begin the process, your employer should:

• Review and Complete Form I-129, Petition for a Nonimmigrant Worker.
• Pay the Required Filing Fees.
• Submit Necessary Evidence and Supporting Documents (this includes a copy of Form I-129 and all supporting documents, even if submitting Form I-129 to request a Change of Status (COS) or Extension of Stay (EOS) on your behalf).
• Once USCIS receives and processes your Form I-129, you will receive a receipt notice confirming their receipt, a biometric services appointment notice, an interview notice (if required), and finally a decision notice. You can check the status of your application through your USCIS online account.

6. How Long is the Processing Time for L-1 Visa?

Processing times for the L-1 visa vary depending on the USCIS service center and the applicant’s country of origin. Currently, the California Service Center has a waiting period of about two months. Generally, for applicants filing Form I-129, the estimated processing time is around 4-6 months.

Typically, the average processing time for Form I-129 is about six months. Consular processing times vary by the applicant’s home country but can take up to six months or longer.

7. What are the Processing Fees for L-1 Visa?

Typically, there are 2 main fees associated with processing an L-1 visa:

• Fraud Prevention Fee: $500. This fee is paid by the employer to prevent fraud and is required when an employee has a valid L-1 visa but plans to change employers. The only exception to this fee is if the employee is applying for a Change of Status within their current petition, such as from L-1A to L-1B or vice versa.
• Form I-129 Filing Fee: $460. This fee is for filing Form I-129, Petition for a Nonimmigrant Worker, and is also paid by the employer.

Both fees must be paid at the time of submitting the application, along with all supporting documents as required by your attorney.

8. Some Frequently Asked Questions about L-1 Visa

8.1. What type of investment is required to establish a new office on an L-1 visa?

The primary requirement is to establish a company in the U.S. and have an operational office. Setting up a company is generally straightforward and can often be done online. 

You do not need to invest excessively in an office space; a basic office setup is sufficient. There is no requirement for the business to commence trading immediately.

An alternative to consider is the E-2 Treaty Investor visa, which requires demonstrating a significant investment.

8.2. What are the requirements for an employee being transferred to the U.S. on an L-1 visa?

The employee must have worked outside the U.S. for at least one year in the past three years for the transferring business, in a managerial or executive role, or as a specialized knowledge worker. These requirements are quite strict.

Time spent in the U.S. does not count towards the one-year requirement of working for the business outside the U.S.

Managers or executives under the L-1A visa will typically need to show that they managed a team outside the U.S. Specialized knowledge workers under the L-1B visa must demonstrate high-level expertise in a specific field.

8.3. What is the business size required for an L-1 intracompany transfer visa?

There is no specific size requirement for the overseas business transferring employees to the U.S. via the L-1 visa. However, very small businesses with only one or two employees might face challenges in obtaining an L-1 visa.

For a very small business, it may be difficult to prove that the business will continue to operate outside the U.S. while the L-1 visa applicant is in the U.S.

Additionally, for very small businesses, it can also be challenging to demonstrate that you have met the requirements as an Executive or Manager under the L-1A visa outside the U.S. within the past 3 years.

8.4. Does the L-1 visa lead to a green card?

The L-1 visa itself does not directly lead to an employment-based immigrant visa (commonly referred to as a “green card”).

The good news is that the requirements for an L-1A visa as a manager or executive are similar in many ways to those for an EB-1C multinational manager or executive immigrant visa.

Therefore, if you are in the U.S. on an L-1A visa, you may find it easier to qualify for an EB-1C immigrant visa.

One advantage of the EB-1C visa is that it does not require Labor Certification, and the process is relatively quick. To apply for a green card under this category, the U.S. office must have been in operation for at least one year.

8.5. Can the employee’s family also stay in the United States?

Yes, the spouse of the employee and any unmarried children under 21 years old can stay in the U.S. under an L-2 visa. The spouse is also allowed to work in the United States.

8.6. Can the employee switch jobs or employers?

Yes, the employee can work for a new employer as long as they obtain a new visa, such as an H-1B.

8.7. Can the employee work another job?

No, under the terms of the L-1 visa, the employee is only permitted to work for the employer that sponsored their visa.

Regarding the specific question about an I-765 (extension of EAD) being approved for L-2 while an I-539 (extension of I-94 status) is pending:

If the L-2 extension was filed before its expiration, the L-2 status is maintained until a decision is made or for up to 240 days. Therefore, as the spouse of an L-1 visa holder, the spouse has the right to apply for and receive an EAD card while the extension is pending.

8.8. Is the L-1 visa a valid option for doctors?

Yes, the L-1 visa can be a valid option for doctors. In fact, there is a video we created on this topic, which answers the top 5 questions about the L-1 visa specifically for physicians.

8.9. Can the L-1A to EB-1 Green Card be achievable after 3 years of working in the United States?

Yes, you may be eligible for the EB-1 visa (Green Card), particularly the EB1-2 category, which is equivalent to EB1-1.

The EB-2 is a U.S. immigrant visa (Green Card) that allows the most outstanding professors or researchers in their fields to live and work permanently in the United States. To qualify, you must:

• Provide evidence of international recognition for outstanding achievements in your specific academic field.
• Have at least 3 years of teaching or research experience in the same academic field.
• Be seeking to enter the U.S. to pursue a tenured or tenure-track teaching or research position at a university or equivalent educational institution.
• The evidence provided must meet at least 2 out of the 6 criteria set by USCIS. (Your immigration lawyer will assist you in establishing this.)
• The EB1-2 is one of the more sought-after Green Cards because it has a current priority date and high eligibility requirements, as applications are thoroughly reviewed.

8.10. What alternative options are available for the L-1 visa?

The only temporary work visa directly comparable to the L-1 visa is the H1-B visa (for specialty occupations), which allows a maximum stay of 3 years, plus a possible 3-year extension (less than the 7 years available for the L-1A).

There are several viable permanent residency options (Green Cards):

• EB1-3 (Green Card for Multinational Executives/Managers) is the most similar to the L-1 visa. 
• A key prerequisite is that the beneficiary must have worked for a U.S. company for at least one year within the last three years.
• Other Green Cards that L-1 applicants may qualify for include:
  • EB-2 (Advanced Degree/Exceptional Ability)
  • EB-3 (Skilled Worker or Professional)
  • EB1-1 (Extraordinary Ability)
• Someone considering the L-1A (Executive) route may also be eligible for the EB-5 Investor Green Card.
• Individuals considering the L-1B route often do not qualify for the EB1-3 (Multinational Executive/Manager) as they do not have executive capacity. However, if they possess executive ability in their home country and come to the U.S. in such a role, they may qualify for the EB1-3 Green Card.

9. Should you immigrate to the U.S. under the L-1 visa category?

As ImmiPath has outlined above, if you are an employer with an operating office in the United States or are looking to establish one, the L-1 visa can help you come to the U.S. to grow your business. However, to be granted a visa under this category, you will need to meet certain conditions and prepare the necessary fees.

To save time, effort, and money while increasing your chances of visa approval, you may want to consider enlisting the help of an immigration service center to guide you through every detail.

With a team of experienced consultants and offices in both the U.S. and Vietnam, ImmiPath is proud to be a leading provider of U.S. immigration consulting services. We specialize in handling U.S. immigration procedures under the L-1 visa category, as well as processing family sponsorship cases, including spouses, relatives, and siblings. Our meticulous and swift service includes advising on evidence preparation, providing accurate fee estimates, and guiding you through the interview process with the consulate, ensuring you and your family quickly obtain visas and green cards to reunite with your loved ones and start a new life in the United States.

If you have any questions about U.S. immigration under the L-1 visa category, please comment below this article with your phone number or email address. ImmiPath’s team of consultants will support and advise you with all the experience and heart, helping to make your dream of immigrating to the U.S. a reality.