Intracompany Transfers
(L-1 Visa)
INTRACOMPANY TRANSFERS (L-1 VISA)
The purpose of the L visa is to permit a qualifying organization to transfer certain types of employees from a non-U.S. location to perform services in the United States for the same organization or its parent, branch, subsidiary, or affiliate. The L-1 visa program allows professionals from a foreign country to transfer to the U.S. In order to qualify, the non-U.S. sending company and the U.S. receiving company must have at least 50% common ownership, or alternatively, one must effectively control the other.
To obtain an L-1 visa, a qualifying organization must submit a petition to the USCIS. Generally, a qualifying organization is any firm, corporation or legal entity (including a partnership) that continues to conduct business both in the United States and at least one other country during the L visa holder’s entire U.S. assignment, including foreign employers actively engaged in international business.
Application Process
The application process for the L-1 visa is a multi-step procedure that requires careful coordination between the foreign company and the U.S. entity, as well as the transferring employee. The process begins with the employer filing Form I-129, Petition for a Nonimmigrant Worker, with the appropriate USCIS service center. This petition must clearly establish the qualifying relationship between the U.S. and foreign company, demonstrating that they are part of the same employer group—such as a parent company, branch, subsidiary, or affiliate.
To support the petition, the employer must provide comprehensive documentation showing that the employee has worked for the foreign company in a specialized knowledge capacity or in an executive or managerial position for at least one year within the three years. Evidence may include payroll records, employment contracts, organizational charts, and performance evaluations.
For specialized knowledge employees, it is essential to demonstrate that the individual possesses particular knowledge of the organization’s products, services, or processes that is not commonly found in the U.S. labor market. For those in a managerial or executive capacity, documentation should highlight the employee’s authority to direct a major component of the organization, establish organizational goals, and exercise discretionary decision making, while being subject to only general supervision from higher-level executives.
Once the petition receives approval from USCIS, the next step is for the employee to apply for an L-1 visa at a U.S. embassy or consulate in their home country. The visa applicant must submit a completed application form, along with supporting documents such as a valid passport, birth certificate, and, if applicable, a marriage certificate for accompanying family members. The applicant will also need to pay the visa issuance fee and attend a visa interview, where they may be asked about their role, specialized knowledge, or managerial or executive responsibilities within the qualifying organization.
Canadian citizens benefit from a streamlined process and may apply for L-1 status directly at a U.S. port of entry, rather than through a U.S. embassy or consulate. In these cases, the applicant must present an approved blanket petition approval notice, along with documentation verifying their employment and qualifications.
Employers with an approved blanket petition can further expedite the process for qualified employees. Under a blanket L petition, eligible employees can apply for an L-1 visa using the blanket petition approval notice, reducing the need for individual petition approval for each transfer.
Given the complexity of the L-1 visa application process and the importance of providing thorough and accurate documentation, it is highly recommended that both employers and employees consult with experienced immigration services professionals. Proper preparation can help ensure a smooth petition approval and visa issuance process, allowing foreign companies to efficiently transfer specialized knowledge professionals or executives to the U.S. for essential functions and day to day operations.
The L-1 visa remains a nonimmigrant classification, intended for temporary assignments in the United States. However, it is a valuable tool for foreign entities seeking to leverage the expertise of their specialized knowledge employees or managerial and executive staff in the U.S. market. By following the correct procedures and meeting all requirements, companies can successfully navigate the L-1 application process and support their international business objectives.
One-Year Employment Requirement
The petition submitted on behalf of the employee must indicate that the employee has been employed with the organization abroad for at least one of the past three years (employment abroad is a key eligibility criterion for the L-1 visa) as a manager, an executive, or in a position that requires specialized knowledge. It is not necessary that the employee perform the same function while working in the United States, as long as the employee performs one of the above three permitted functions.
Required to have continuous full-time employment and not continuous part-time employment for the one year preceding entry into the U.S. Cannot aggregate part-time employment to meet the prior one-year requirement. However, full time services divided among affiliated companies, each employing the employee for part of the year period, may be counted in the aggregate.
One Year Preceding Admission vs. One Year Preceding Petition
On Nov. 15, 2018, USCIS issued a clarifying policy memorandum on several issues regarding the one-year-abroad provision. The memo sets forth several principles: (1) the one year abroad is measured from the time of filing the L-1 petition not admission so that an applicant must have one year of the prior three years abroad prior to filing an L-1 petition; (2) periods of employment in the U.S. even for the petitioning organization do not satisfy the one-year abroad requirement nor can any time spent in the U.S. in any capacity; (3) brief trips into the U.S. on other visas such as a B-1 or B-2 do not interrupt the one-year period but are not counted toward it; for example, a person who spends 60 days in the U.S. over a year period would not accrue the one year until after one year and 60 days were reached but each entry does not interrupt the one-year period requiring the applicant to start the one year anew; (4) lawfully working for the qualifying organization in the U.S. in another capacity such as an E-2 or H-1B does not count in computing the three year period; for example, if a beneficiary worked in the U.S. in H-1B status for the qualifying organization from Jan. 2, 2017 to Jan. 2, 2018 and then the petitioner filed for L-1 for the employee, the pertinent three year period would be Jan. 1, 2014 to Jan. 1, 2017 thus not counting the year in H-1B status; (5) periods in the U.S. as an L-2, or F-1 (including OPT), or not being employed or being employed with another unrelated company do count in computing the three years and therefore do not result in an adjustment for the three years as does employment in the U.S. for the qualifying organization; (6) if a beneficiary takes more than a two year break in employment from the qualifying employer, he must initiate a new full one year of employment with the qualifying entity and does not get “credit” for any time period previously employed; (7) any extension of L-1 or change of status to L-1B or L-1A require that the beneficiary prove he or she initially met the one-year requirement.
Generally, a manager is defined as someone who: (i) manages the organization, a function, or some part thereof; (ii) supervises other managerial, supervisory or professional employees, or manages an essential function, department or subdivision; (iii) has the power to hire and fire employees; and (iv) has day-to-day discretion with respect to the operation of the organization or a part thereof. Managerial employees are those who supervise and control the work of other managerial, supervisory, or professional staff, and supervising employees is a core responsibility of managerial roles.
An executive is a person who: (i) directs the management of the organization; an employee who primarily directs major components or functions is considered to be acting in an executive capacity; (ii) establishes policies and goals, and establishes organizational goals as a key executive function; (iii) has discretionary decision-making capacities; and (iv) is only supervised by higher level executives or the organization’s board of directors.
L-1B: Specialized Knowledge Workers
The L-1B visa is specifically designed for intracompany transferees who possess specialized knowledge that is critical to the employer’s products, services, or techniques.
A person with specialized knowledge is someone who has: (i) uncommon knowledge of the organization’s products, services, research, equipment, techniques, management or other interests and its application in international markets; or (ii) an advanced level of knowledge or expertise in the organization’s processes and procedures. However, not all high-level experience or skill, such as that of a skilled employee operating equipment, is necessarily specialized knowledge.
A beneficiary may establish specialized knowledge by possessing either special or advanced knowledge, or both. The employee must possess specialized knowledge relevant to the organization’s processes. A beneficiary’s knowledge does not have to be proprietary, unique, or restricted solely to the petitioning organization to qualify as specialized knowledge.
Determining whether a beneficiary has special knowledge involves evaluating the unique knowledge the beneficiary possesses about how the petitioning organization manufactures, produces, or develops its products, services, research, equipment, techniques, management, or other interests—essentially, its products or services. Determinations concerning advanced knowledge, on the other hand, require review of the beneficiary’s knowledge of the specific petitioning organization’s processes and procedures, particularly as demonstrated by skilled employees with advanced understanding of these processes.
Regarding either special or advanced knowledge, the petitioner must typically demonstrate that the beneficiary’s expertise is not widely held within the industry.
Determining whether knowledge is special or advanced inherently requires a comparison of the particular knowledge possessed by the beneficiary against that of others. The petitioner bears the burden of establishing such a favorable comparison. Because special knowledge concerns knowledge of the petitioning organization’s products or services and its application in international markets, the petitioner may meet its burden through evidence that the beneficiary has knowledge that is distinct or uncommon in comparison to the knowledge of other similarly employed workers in the particular industry.
Blanket L-1
In certain circumstances, a company may file an L-1 blanket petition seeking continual approval of itself, its parent, and some or all of its branches, subsidiaries, affiliates, and other qualifying organizations as qualifying organizations for purposes of sponsoring persons for L-1 intracompany transferee status.
To qualify, the company and each of its related entities must be engaged in commercial trade or services. Additionally, the company must have an office in the United States that has been doing business for more than one year, and at least three domestic and foreign branches, subsidiaries, and affiliates. The U.S. company must also have: (i) obtained approvals for at least ten “L” visa professionals in the previous twelve months; (ii) U.S. subsidiaries or affiliates with combined annual sales of at least US $25 million; or (iii) a U.S. workforce of at least 1,000 employees.
Once the L-1 blanket petition is approved, the company does not have to file individual petitions with the USCIS for each employee. Rather, a person who meets the requirements for intracompany transferee status may obtain an L-1 visa at the U.S. Consulate or Embassy with jurisdiction over his or her residence abroad. Petitions under the blanket process are typically filed with the appropriate regional service center. Once a person is admitted under an approved L-1 blanket petition, he or she may be reassigned to any organization listed within the approved petition without notifying the USCIS, as long as the person is performing the same job duties.
Duration
Generally, the L-1 visa is granted, at the outset, for a maximum of three years, and can be renewed in two-year increments. For persons who are transferred to the United States to work for a new office, the USCIS will approve L-1 Status for only one year at the outset, and it is necessary to demonstrate sufficient physical premises for the new office to be approved. The maximum duration of stay for specialized knowledge professionals is five years; the maximum duration permitted for executives and managers is up to seven years. Spouses and minor children of L-1 visa holders may stay in the U.S. for the same period as the principal L-1 visa holder. Unlike the H-1B visa program, the beneficiaries of L-1 status cannot extend status by pursuing lawful permanent residence application (commonly called “green card”) in the United States.
Dependents
Spouses and minor children of L-1 visa holders may receive L-2 dependent visas. L-2 spouses are considered employment authorized based on their valid L nonimmigrant status; this employment authorization is granted incident to their status and does not require a separate work permit. L-2 spouses are allowed to work for any employer in the United States.
Frequently Asked Questions
What is the L-1A visa classification?
The L-1A classification is reserved for employees who work in a managerial or executive capacity within a qualifying multinational organization.
What qualifies as “managerial or executive capacity”?
Managerial or executive capacity requires a high level of authority and typically involves planning, organizing, directing, and controlling an organization’s major functions through other employees.
What are the two main types of managers under L-1A?
There are two primary types:
• Personnel managers – supervise and control other employees
• Function managers – manage an essential function without necessarily supervising staff.Do first-line supervisors qualify for L-1A status?
No. First-line supervisors who primarily oversee day-to-day work of nonprofessional employees do not qualify as managers or executives, even if their title includes “manager.”
Can someone qualify if they primarily perform operational or production work?
No. Individuals who primarily perform hands-on operational tasks or service delivery do not qualify for L-1A classification.
Must the employee perform the same role in the U.S. as abroad?
No. The employee does not need to perform the exact same role, but both positions must independently qualify as managerial or executive.
Can the employee have held multiple roles abroad?
Yes. The employee may have worked in more than one capacity abroad, as long as at least one qualifying managerial or executive role meets the requirements.
How does USCIS determine if a role is managerial or executive?
USCIS evaluates the job duties described by the employer, focusing on whether the duties are primarily managerial or executive in nature.
What does “primarily managerial or executive duties” mean?
It means that most of the employee’s time (more than 50%) must be spent on high-level management or executive functions—not routine or operational tasks.
Can a manager use technical or professional skills?
Yes, but only incidentally. Applying technical expertise is allowed occasionally, but it cannot be the primary job function.
What factors does USCIS consider when evaluating L-1A eligibility?
USCIS looks at the totality of the evidence, including:
• Nature and scope of the business
• Organizational structure
• Staffing levels
• Employee’s position and authority
• Whether staff relieve the employee from operational dutiesWhy is organizational structure important in L-1A cases?
It helps demonstrate whether the employee is operating at a high level and is supported by sufficient staff to avoid routine operational work.
Does supervising many employees automatically qualify someone as a manager?
No. Simply supervising employees does not automatically establish managerial capacity.
How does USCIS evaluate staffing levels?
USCIS considers whether staffing is sufficient to support the business, allowing the manager or executive to focus on strategic duties.
What is the difference between directing and managing?
Directing employees alone is insufficient; the employee must also:
• Exercise discretionary authority, and
• Be involved in policy or operational decision-making at a higher levelDoes holding a title like “Director” or “President” guarantee L-1A eligibility?
No. Titles alone are not sufficient—the actual duties must demonstrate managerial or executive capacity.
What is the biggest mistake in L-1A filings?
A common mistake is failing to show that the employee’s duties are primarily managerial/executive, rather than operational.
How important is job duty breakdown in L-1A petitions?
Very important. A detailed percentage breakdown of duties helps demonstrate that the majority of time is spent on qualifying activities.
What is the key takeaway for L-1A eligibility?
The core requirement is that the employee must be primarily engaged in managing the organization or a key function, not performing day-to-day operational work.
What is the L-1B visa classification?
The L-1B visa is for foreign nationals who possess specialized knowledge and are being transferred to a U.S. entity within the same company or organization.
What must an employer prove for L-1B eligibility?
The employer must establish that:
• The beneficiary possesses specialized knowledge
• The position requires that knowledge
• The beneficiary worked abroad for at least one continuous year within the past three yearsWhat is “specialized knowledge” under L-1B?
Specialized knowledge refers to either:
• Special knowledge of the company’s products/services, or
• Advanced knowledge of the company’s processes and proceduresWhat is the difference between special knowledge and advanced knowledge?
• Special knowledge: Understanding of company products/services and their application
• Advanced knowledge: Deep expertise in company-specific processes and proceduresDoes specialized knowledge have to be unique or proprietary?
No. The knowledge does not need to be proprietary or unique, but it must not be commonly held in the industry.
Can multiple employees have the same specialized knowledge?
Yes. Specialized knowledge does not have to be narrowly held within the company.
How does USCIS determine if knowledge is truly “specialized”?
USCIS compares the beneficiary’s knowledge to that of:
• Other employees in the company, and
• Workers in the industry
The knowledge must be distinct, uncommon, or more advanced.Does specialized knowledge need to be difficult to transfer?
Generally, yes. It should be:
• Difficult to teach quickly, or
• Require significant training, cost, or experienceCan general industry knowledge qualify as specialized knowledge?
No. Knowledge that is common or basic within the industry does not qualify.
What factors does USCIS consider in L-1B cases?
Officers may evaluate:
• Knowledge of foreign operations
• Contribution to company performance
• Difficulty in transferring knowledge
• Technical complexity
• Business value of the knowledgeCan an L-1B beneficiary work in a non-managerial role?
Yes. Unlike L-1A, L-1B does not require managerial or executive duties.
Does job title or rank matter in L-1B petitions?
No. Eligibility depends on knowledge, not title, rank, or compensation level.
Must the beneficiary have specialized knowledge at the time of filing?
Yes. The beneficiary must possess the required knowledge at the time the petition is filed.
Can the beneficiary qualify for multiple visa categories?
Yes. A beneficiary may qualify for:
• L-1B
• H-1B
• O-1
But can only hold one status at a time.Can L-1B employees work at third-party (client) sites?
Yes, but only if:
• The petitioning employer retains control and supervision, and
• The work requires the beneficiary’s specialized knowledgeWhen is offsite placement not allowed under L-1B?
It is not allowed if:
• The employee is primarily controlled by a third-party employer, or
• The arrangement is essentially labor-for-hireDoes occasional supervision by a third party disqualify L-1B status?
No. Some input or guidance from a client is acceptable, as long as ultimate control remains with the petitioning employer.
What must be shown for offsite L-1B assignments?
The employer must demonstrate:
• Continued control over the employee
• A legitimate business purpose
• That the work involves specialized knowledge of the petitioner’s products/servicesWhat is the key takeaway for L-1B eligibility?
The focus is on whether the beneficiary has company-specific knowledge that is advanced, uncommon, and critical to the business, not on job title or hierarchy.
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I would like to mention a peculiar case here. One of my friends...
Ashok
Rabindra helps you make your dream come true! Without Rabindra’s knowledgeable and professional consultation and guidance, honestly we were not 100% sure if we could get our green cards in a timely manner!
During the past 6 years, Rabindra helped us file various petitions from H-1B, H-4, H-1B extension, to Green card. He...
Thomas
HSD provided great professional services for our immigration needs.. highly recommend them!
Subrat
I have utilized the professional services of Mr. Singh on various types of matters, including employment-based and immigration compliance. He has always provided prompt and thoughtful solutions to unique issues/scenarios. I personally found his legal advice to be very resourceful when dealing with a DOL’s Wage and Hour Division (WHD) Audit. I highly recommend...
Antara Goyal
One of the best I have worked with him in very complicated case, he is very smart, gives a clever ideas and solutions for each step, checking your file carefully, gives each word high concentrate and put it in the right place. I was very happy working with you Mr.Rabindra
Jaradat
My husband and i sought professional services of Rabindra Singh in filing EB-2 to EB-3 downgrade petition in October 2020. Even during such a busy time, he was fully responsive via emails and phone calls and helped us timely file our downgrade EB-3 petition and AOS application. We are fortunate to have him as...
RVerma
Rabindra is an excellent immigration lawyer. His advice has been spot on and he gives very confident responses. I spoke to a few other lawyers who were unsure how to handle my case. He charges most reasonable fees compared to other lawyers. I would strongly recommend him and you can feel you are in...
MOHAL
If you are looking for a great immigration lawyer – please, look no further! Rabi is truly amazing. Not only he is extremely knowledgeable and experienced in the immigration field – he is super attentive and dedicated and will treat your case as his own. He is always available via email or phone, answers...
Manisha
Very professional service and explained all the processes clearly. I would highly recommend.
anonymous
My husband and I approached HSD immigration with our immigration needs and were very fortunate to have found Mr Rabindra Singh to be our immigration attorney. He patiently listened to our needs and guided us with an utmost care to complete all the required steps related to our employment as well as family dependent...
Mary
I worked with Rabindra to file our adjustment of status for an approved NIW case. He was so accurate when filling out the forms and collecting documents and it is why our case got approved without any RFE. His price was so reasonable for the work done comparing to the others. Thank you Rabindra!
anonymous
Effective and Efficient Service! Through check of the documents, prompt response and available for discussion.
Vijaya
Rabi is the most efficient immigration attorney and an amazing professional, he took up my case of H1B and was very precise as the deadlines were very tight for me. He was always prompt in speaking with me and most of all gave me the confidence that the petition shall be approved which gave...
Pranav
If I can give more than 5 stars I would. We approached Rabi on a super short notice to get some last minute applications filed with the USCIS. He made the whole process such a breeze for us, and was prompt with all the responses and paperwork. I don’t think we could have made...
Shivani
ABSOLUTELY THE BEST. I’d give him 500 stars if I could. This is a long post but I think it’s critical to explain why the 500 stars. Background: My H1 was expiring in Nov 2022 and my wife’s in Sept 2022. I also received my I-140 in EB-2 category Aug 2021. My company filed...
Abhi
I been working with Rabindra through last few years on various immigration stages and h1-b processes. He was amazing, responding to my emails same day ALWAYS.I want to take this moment to give an excellent rating. I am very satisfied with your work. thanks!!
Venkat
Mr. Rabindra is a very nice person to work with and always provides the right solution at the right time. Recently, I was facing a stressful situation with the immigration regarding my H4 extension and he suggested an idea which was a game changer. His idea helped me get back my visa and continue...
AISHWARYA
An amazing lawyer he is, really dedicated to his work. I had only few days left to renew my H-1B visa and he helped me renew it so quickly. He is super understanding and helpful seriously I highly recommend him! So thankful to have the opportunity to have such a wonderful lawyer.
Biji
I retained Mr. Singh to assist me in obtaining a Green Card. Mr. Singh’s knowledge and attention to detail helped us get thru the paper process without any problems. I was able to have everything completed in 10 months. Mr. Singh was very accessible and responded quickly to all my inquiries. I would highly...
George
I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. I would definitely recommend him.
anonymous
I worked with Rabindra for preparing my RFE response. Throughout the process he has been really professional and detail oriented. He is super helpful, accessible and responded quickly to all my questions . His understanding about the subject matter was extremely thorough and professional. It was really a nice experience working with him. He...
Simran
Attorney Rabindra Singh is very knowledgeable and extremely reliable. He is very professional, focused, and detail-oriented. His work is top-notch. He is a combination of generosity and proficiency. I am so grateful to have found him. I was searching for an attorney to help me in filing a U visa petition. I come to...
Sreedevi
He is an outstanding, friendly, caring, listens, truthful, honest, responsive immigration attorney.I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. Mr Rabi Singh is an excellent immigration attorney. He...
anonymous
We had a great experience with Mr Rabindra Singh. He was very patient and answered all of our questions and in the end helped us get the result we wanted. In my case we had to file for Nunc pro for H4. He gave the confident and prepared the petition. It got appoved. So...
Soorya
I had met him on a couple of occasions as I needed some advice. He was kind and patient. He was attentive to what I had to say and gave me very good directions. I would definitely recommend him.
Kalpana
We had a great experience with Rabindra. He was very patient and answered all of our questions and in the end helped us get the result we wanted. I would highly recommend working with him.
anonymous
I am an Australian Citizen. I hired Rabi Singh for extending my E-3 status in the United States. He was super helpful and guided me so well throughout the process. I highly recommend his and HSD immigration services.
anonymous
Would highly recommend Rabindra & his team. We got our H4 EAD quickly. We were expecting delay due to covid times but were happily surprised. Rabindra was pretty thorough and responsive during the whole process. We are also working on our green card application EB2 with him. Hoping it’ll be approved soon too.
anonymous
I worked with Rabindra to file our adjustment of status for an approved NIW case. He was so accurate when filling out the forms and collecting documents and it is why our case got approved without any REF. His price was so reasonable for the work done comparing to the others. Thank you Rabindra!
anonymous
Rabindra Singh (HSD immigration) and his team assisted very professionally, patiently with the National Visa Center (NVC) processing and Employment-Based Immigrant Visa processing at the U.S. Consulate in Mumbai, India. For sure, I will refer my friends and family who need any immigration assistance since Rabi and his team gave exceptional service to me....
Ravinder n