What is L-1 Intracompany Transfer Visa?

How it works

The L-1 visa allows multinational companies to transfer key personnel from foreign offices to a US affiliate. Unlike E-2 (treaty national + investment) or H-1B (lottery), L-1 is internal to a corporate group and not subject to annual numerical caps.

Two sub-categories:

Three structural conditions all must be met:

1. Qualifying corporate relationship: parent / subsidiary / affiliate / branch between the foreign and US entities.
2. Employee qualification: the individual has worked for the foreign entity for at least 1 continuous year out of the last 3 years in an executive, managerial, or specialized-knowledge capacity.
3. Position in the US: the US role must be in the same or related capacity (executive, managerial, or specialized-knowledge).

"New office" L-1 path

The L-1 New Office variant allows a non-existent US entity to be established with the L-1 holder as the founding executive. Conditions:

• The foreign company has been operating for at least 1 year.
• The transferee will manage the new US operations.
• The US office is "actively engaged in business" within 1 year of the L-1 issuance.
• Adequate office space and physical premises secured.
• Demonstrable capacity to grow.

Initial L-1 New Office is granted for 1 year (vs. 3 for established offices), with extensions to standard maximums after demonstrating growth.

Family

L-1 dependents (L-2):

• Spouse: L-2 status, can work in the US (EAD-eligible from 2022 onward, automatic in many cases).
• Children under 21: can study; cannot work.

Path to green card via EB-1C

L-1A holders (executive / managerial) qualify for EB-1C — Multinational Manager / Executive green card category. The conditions mirror L-1A:

• 1+ year managerial / executive experience with the foreign entity in the past 3 years.
• US position is also managerial / executive.
• US entity has been operating for at least 1 year before petition.

EB-1C is one of the fastest green card paths from L-1A — no labour certification (PERM) required, can self-petition (sponsored by the US employer). Wait times depend on country of birth; India and China face longer waits.

L-1B → green card path: typically EB-2 (advanced degree or "exceptional ability") or EB-3 (skilled worker). Longer process; PERM labour certification usually required.

Examples

• Indian SaaS founder + L-1 New Office. Operates the foreign company for 18 months, opens a US Delaware C-corp, secures Manhattan office space, files L-1A New Office petition. 1-year initial L-1A approved. Builds US team to 8 employees over 12 months. Files extension to standard 3 years; later extends to 7-year max. Files EB-1C from year 4 — green card before 7-year L-1A cap.
• French executive on 3-year US assignment. Existing French parent has US sub. Files L-1A for the French executive. 3-year approval. After 2 years, files EB-1C. Green card before assignment ends; transitions to standard US tax residency.

Common mistakes

• Underestimating documentation for L-1B. Specialized-knowledge denials are common; petitioners need detailed evidence of the specific advanced knowledge being transferred.
• Skipping the 1-year prior-employment requirement. New US founders sometimes try to L-1 their own foreign company employees with under 1 year tenure — denied.
• Inadequate US office space for new-office L-1. USCIS scrutinises physical premises. Co-working space alone often insufficient.
• Forgetting the L-1A 7-year cap. Re-entry on L-1A after the cap requires 1 year of foreign employment again. Plan EB-1C transition before hitting the wall.