Helping Businesses and Employees Navigate L-1 Visas
The L-1 visa is a nonimmigrant work visa that allows multinational companies to transfer executives, managers, and employees with specialized knowledge to a U.S. office. If there is no existing U.S. office, the visa also enables companies to establish a new one.
At Gagliano Law, PLLC, we assist businesses and individuals in understanding the L-1 visa process, ensuring compliance with U.S. immigration laws, and navigating the complex requirements set by the federal government.
Understanding the L-1 Visa
Types of L-1 Visas
There are two main types of L-1 visas:
- L-1A Visa – For executives and managers transferring to a U.S. office or establishing a new office.
- L-1B Visa – For employees with specialized knowledge about the company’s products, services, processes, or procedures.
Both visa types require proof of employment with the company for at least one continuous year within the past three years before applying.
Who Can Apply?
- Employees of multinational corporations
- Companies looking to expand operations into the U.S.
- Businesses seeking to transfer leadership or key personnel to their U.S. office
Key Benefits
- No Labor Certification required (unlike some other employment visas)
- Dual intent – allows for potential transition to permanent residency
- Initial stay of up to 1 year (new office) or 3 years (existing office) with extensions available
The L-1 Visa Process
Step 1: Determine Eligibility
Before applying, the employer must confirm that the employee meets all L-1 visa requirements, including employment duration and qualifications.
Step 2: File the Petition
The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition must include:
- Proof of a qualifying relationship between the foreign and U.S. business
- Evidence of employment history and qualifications
- A detailed job description
- Documentation supporting the company’s financial stability and operations
Step 3: Visa Application
Once USCIS approves Form I-129, the employee applies for an L-1 visa at a U.S. consulate or embassy in their home country. This process includes:
- Completing Form DS-160 (Online Nonimmigrant Visa Application)
- Scheduling and attending a visa interview
- Providing supporting documents, such as proof of employment and company records
Step 4: Entering the U.S.
If approved, the employee receives an L-1 visa stamp in their passport and can travel to the U.S. A Customs and Border Protection (CBP) officer will review the documentation at the port of entry before granting admission.
Rights and Responsibilities Under the L-1 Visa
Work Authorization
L-1 visa holders can only work for the U.S. employer that filed the petition. Unauthorized employment outside of the sponsoring company violates visa terms.
Family Sponsorship (L-2 Visa)
L-1 employees may bring their spouse and children under 21 years old through an L-2 dependent visa. Spouses may apply for employment authorization to work in the U.S.
Extension and Change of Status
L-1 visa holders can apply for extensions in increments of up to two years, with a maximum stay of:
- 7 years for L-1A (executives/managers)
- 5 years for L-1B (specialized knowledge employees)
Some employees transition from an L-1 visa to a green card through the EB-1C immigrant visa category.
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