L-1 Visa Requirements For Employers & Employees

L-1 Visa Requirements: Key Points

• The L-1 visa allows you to transfer managers, executives, and employees with specialized knowledge to assist your U.S. operations
• L-1 visa covers two categories: L-1A for executives and managers and L-1B for employees with specialized knowledge
• To be eligible to use L-1 visa for employee transfer, you must prove a qualifying relationship with the foreign company and show active business operations in both countries
• Employees must also meet the requirements, including having worked abroad for at least one year in the past three years in a qualifying role
• If you need to keep your top talent once the initial visa validity expires, you must file for an extension of L-1 visa for your employees

Expanding your U.S. operations often means bringing executives, managers, and employees with specialized knowledge from abroad. The transfer of top talent is possible by using an L-1 visa.

In this blog, we’ll share:

• Eligibility criteria for L-1A and L-1B visa classifications
• Documentation employers and employees must provide
• What’s required for renewals and extensions
• Answers to common questions

L-1 Visa Requirements For Managers & Executives (L-1A)

The L-1 visa is divided into two categories — L-1A and L-1B, each with its own set of eligibility requirements based on the employee’s role within the company.

The L-1A visa can be used if you need to relocate senior personnel to oversee your U.S. office operations, such as:

• Individuals in managerial roles overseeing a team, department, or function to ensure operational efficiency and maximum performance.
• Executives to set the company’s strategic direction, develop policies, and make high-level decisions that impact your organization.

L-1A Visa: Employer Requirements

• Must have a qualifying relationship with the foreign company — parent, subsidiary, affiliate, or branch.
• Must currently be doing business in both the U.S. and another country.
• Must have a functioning office space in the U.S. or plans to establish one.

L-1A: Employee Requirements

• Employed full-time by the foreign entity for at least one continuous year in the past three years.
• Serving in a managerial or executive role abroad.
• Transferring to the U.S. in a managerial or executive position.

L-1 Visa Requirements For Specialized Knowledge Workers (L-1B)

The L-1B visa is an option if your company needs to transfer employees with proprietary or unique knowledge of the organization’s internal systems, products, or services.

These may be IT staff, product engineers, or proprietary process experts whose knowledge cannot be easily replicated.

L-1B: Employer Requirements

• Must have a qualifying relationship with the foreign company.
• Must be actively conducting business in the U.S. and abroad.
• Must provide documentation supporting the specialized nature of the employee’s knowledge and job duties.

L-1B: Employee requirements:

• Employed by your foreign office for at least one continuous year within the past three.
• Possess specialized knowledge of company-specific processes, systems, or products.
• Transferring to a role in the U.S. that requires this type of specialized knowledge.

Document Checklist For L-1 Visa Requirements

To show your petition meets USCIS requirements and avoid delays, you must collect and submit supporting documentation.

Official Documents For Employers

• Proof of corporate relationship (e.g., ownership documents, financial ties)
• U.S. business license and tax records
• Office lease or property documents in the U.S.
• Organization chart with clearly defined roles
• Letter detailing the business purpose of the transfer and job description

Official Documents For Employees

• Valid passport
• Updated resume and employment verification
• Detailed outline of job duties and qualifications
• Evidence supporting specialized knowledge or executive role

L-1 Visa Renewal & Extension Requirements

As an employer, you are responsible for filing timely extensions to maintain the lawful status for your L-1 employees.

If your employee’s assignment requires more time in the U.S. that extends beyond the initial L-1 visa validity, you must file timely extensions to maintain lawful status for your L-1 employees.

• L-1A visa can be extended to a maximum of seven years (an initial stay of up to three years plus extensions of two years).
• L-1B visa is valid for a maximum of five years (with an initial validity of up to three years plus a two-year extension).

Employer Requirements For L-1A and l-1B Extensions

To extend L-1 visas for your team members:

• File Form I-129 with the U.S. Citizenship and Immigration Services (USCIS) before the current visa expires.
• Submit documents showing the continued qualifying relationship between the foreign and U.S. companies.
• Show that the U.S. company remains operational, and that the employee is still needed in the same or similar role.
• Submit updated organizational charts and business records (e.g., tax filings, payroll).

Employee Requirements For Visa Extension

• Demonstrate continuous employment in the U.S. with the petitioning employer.
• Work in the same or a similar role as at the time of initial application.

L-1 Visa Requirements: Key Takeaways

• Use the L-1A visa to transfer managers and executives who can help with company operations and strategy.
• Use the L-1B visa to transfer employees with rare knowledge of internal systems, tools, or processes.
• Ensure you are eligible to file an L-1 visa petition meeting USCIS requirements.
• Collect and submit supporting documents that demonstrate business activity, job necessity, and the foreign/U.S. entity connection.
• File renewal applications before the current visa expires to stay compliant and continue relying on your key personnel.

Need Help With L-1 Visas? Spar & Bernstein Can Help

If your business requires moving employees under the L-1 visa, you need to follow L-1 visa requirements and ensure compliance at every step of the process.

Our knowledgeable and tenacious immigration attorneys at Spar & Bernstein will support you by:

• Assessing which type of L-1 visa works best for your business objectives.
• Collect and prepare the required documentation.
• Draft compliant support letters tailored to the employee’s position.
• Prove the qualifying relationship between your U.S. business and foreign business entities.
• Respond to any Requests for Evidence (RFEs) by USCIS.
• Help with transitioning from an L-1 visa to a Green Card.
• File renewals and extensions correctly and on time so that your business continues relying on the people you need.
• Help you overcome all cross-border employment challenges you may face.

L-1 Visa Requirements: FAQs

If you are looking for more insights into L-1 visa requirements, check out our section where we answer commonly asked questions.

How can I prove a qualifying relationship for an L-1 visa?

To prove a qualifying relationship, you must provide documents demonstrating that the U.S. company and the foreign entities are part of the same corporate family. These may include ownership documents, board resolutions, tax filings, and organizational charts.

What happens if an L-1 visa expires before an extension is filed?

If you don’t file for an L-1 extension and the visa expires, your employee will lose the right to work in the U.S. and may need to leave the country. Staying without status can impact future visa eligibility.

Can an L-1 visa application be denied?

Yes, an L-1 visa application can be denied due to various reasons, such as failure to prove a qualifying relationship, insufficient documentation of managerial/executive duties, or lack of evidence showing specialized knowledge.