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Frequently Asked Questions

What are the basic requirements for the L-1A visa?
The petitioning company must be a qualifying organization. You must have worked in a managerial or executive role outside the U.S. for a continuous year within the past three years. The intended employment in the U.S. must also be in a managerial or executive capacity
How long is an L-1A visa valid for?
The initial approval will be granted for 3 years (except for L-1A new office). You will be eligible for extension thereafter in 2-year increments. The maximum period of stay allowed in an L-1A status is 7 years.
Can my family members come with me on the L-1A status?
Your spouse and unmarried children under 21 years of age may qualify for L-2 status if your L-1A petition is approved.
Do I need to file a separate petition for L-2 status?
No separate petition is required for L-2 status; you can apply for an L-2 visa at the U.S. consulate once your L-1 petition is approved.
Can my family members work or study on L-2 status?
L-2 spouses are permitted to work in the United States without filing a separate application for employment authorization or a work permit. L-2 spouse and children are permitted to attend educational institutions either part- or full-time.
What is an L-1A new office?
The L-1A "new office" visa enables businesses to begin operations in the U.S. by transferring an executive or managerial employee from a qualifying foreign office to the U.S. for an initial one-year period, during which the company's U.S. operations have the potential to grow and develop.
What are the additional requirements for an L-1A new office?
You must secure a physical space for the new office. In addition, within a year of the petition's approval, you must demonstrate your intent to support an executive or managerial position. This includes providing information about the nature and scope of the entity, its organizational structure and financial objectives, the size of the U.S. investment, the foreign entity's financial capacity to compensate the beneficiary for the one-year period, and the foreign entity's organizational structure.
What are the requirements to extend an L-1A new office approval after the one-year period?
The petitioner must demonstrate that the U.S. entity has made progress in the U.S. market and created a positive impact, such as growth in revenue, the hiring of new employees, or the opening of new locations.
What evidence must be provided to successfully file a new office extension?
The qualifying corporate relationship continues to exist. The duties performed by the beneficiary in the previous year and to be performed in the next year are managerial or executive. A statement describing the staffing of the new company. The financial status of the U.S. operation. The U.S. entity has been doing business in the prior year.
What is a qualifying organization?
A qualifying organization means a United States entity or foreign firm, corporation, or other legal entity which: (1) has a qualifying relationship between the U.S. entity and a foreign entity; (2) is or will be doing business as an employer in the United States and in at least one other country for the duration of the non-citizen’s stays in the United States; and (3) otherwise meets the requirement of section 101(a)(15)(L) of the Immigration and Nationality Act.
What are the qualifying relationships for an L-1 visa?
The common qualify relationships are parent, branch, subsidiary and affiliate.
What is a parent company?
Parent is a legal entity with subsidiaries.
What is a subsidiary company?
A subsidiary is a legal entity owned and controlled by a parent.
What are the requirements for a subsidiary?
The parent must own or control more than 50% of the subsidiary. The parent controls the subsidiary and owns half. The parent has 50% of a joint venture and equal control and veto authority over the subsidiary. The parent controls the entity but owns less than 50%.
How is a branch registered?
A branch is not a separate business entity, Brach means an operating division or office of the same company registered in the United States as a foreign corporation.
What is an affiliate?
Affiliate means (1) one of the two subsidiaries both owned and controlled by the same parent or individuals, or (2) one of the two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity.
Is a franchise a qualifying relationship for an L-1 visa?
Franchises and contractual or licensing relationships are not L-1-qualified relationships.
What are the requirements for an equity joint venture to be considered a qualifying L-1 relationship?
If the contributing firm controls at least 50% of an equity joint venture under corporation law, it can qualify for an L-1 relationship.
What is required of the U.S. employer and the qualifying organization abroad in order for the L-1 visa to be valid?
The U.S. employer and qualifying organization abroad must be in business throughout the beneficiary's stay.
What is considered "doing business" for the purposes of the L-1 visa?
Doing business requires a qualifying entity to regularly, systemically, and continuously provide goods and services.
Does the qualifying organization abroad have to engage in international trade in order to establish that it is "doing business"?
No.
Does the qualifying organization abroad need to be the same one that employed the beneficiary abroad?
No.
How long must an individual have been employed abroad before filing an L-1 petition?
The individual must have been employed abroad for at least one year out of the prior three years.
How is the one-year foreign employment requirement calculated?
The one-year employment abroad is measured from the time of filing the L-1 petition, not from the date of admission to the United States.
Does part-time employment count towards the one-year requirement?
No, part-time employment does not count towards the fulfillment of the one-year requirement. Only full-time employment is considered in this match.
Can an employee's full-time service across related companies be counted?
Yes, in certain situations full-time services divided among affiliated companies may be counted in the aggregate if each company employs the beneficiary for part of the required period.
Can an employee work for an unrelated organization during the one-year period?
No, employment with an unrelated organization during the one-year period does not count towards the one-year requirement. The employee must have worked for a qualifying organization outside the United States.
Can I work for the qualifying organization in the U.S. on a different visa and still be eligible for the L-1 visa?
If you are lawfully employed by the qualifying organization in the U.S. in other capacities, such as an E-2 or H-1B, you can generally still be eligible for the L-1 visa.
How does my time in other visa statuses affect my eligibility for the L-1 visa?
If you worked in the U.S. in H-1B status for the qualifying organization before applying for the L-1 visa, the three-year period required for eligibility would be calculated from three years before your H-1B status began. For example, if you worked in H-1B status from January 2, 2017, to January 2, 2018, and then applied for the L-1 visa, your three-year employment abroad period would be January 1, 2014, to January 1, 2017, and the year you spent in H-1B status would not be counted.
Can brief trips to the U.S. on other visas interrupt the one-year period?
A brief trip to the U.S. on a B-1 or B-2 visa does not interrupt the one-year period required for L-1 visa eligibility. However, it should be noted that time spent in the U.S. under these visas is not counted towards the one-year period.
How long must the qualifying relationship have existed before I apply for L-1 classification?
There is no requirement that the qualifying relationship between the companies must have existed for a year before filing the petition. As long as the qualifying relationship exists at the time of filing and during the L-1 classification period, and meets all other L-1 requirements, you can be eligible for L-1 classification in the United States.

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