L1 Visa Requirements: Key Criteria for Intracompany Transfers

Updated January 2026 by Mark I. Davies Esq., MBA (Wharton School), Fellow University of Pennsylvania Law School. SRA ID #384468. Reviewed by Sukanya Raman, Managing Attorney, Davies & Associates, India.


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L1 Visa defined

An L1 Visa USA , also called an intracompany visa, allows foreign companies to transfer qualified employees to the U.S. in an executive or managerial position or a specialized knowledge capacity. The U.S. company must be a parent, subsidiary, branch office, or affiliate of the foreign company.

Take note that the L-1 visa is not eligible for a self-petition. An employer must file the petition on behalf of the transferring employee.

L-1 Visa Types

L1-A

The L-1A visa is for employees occupying a managerial or executive position transferring to a U.S. office or coming to the U.S. to set up a new U.S. office. This visa classification has a allows a maximum period of 7 years

L1-B

The L-1B visa is for a specialized knowledge worker transferring to the U.S. office and having special skills or knowledge. This visa classification allows for a maximum stay of 5 years.

Eligibility Criteria

Individual

To be eligible, there are a few conditions the transferring employee must meet:

  • They must be employed overseas by the transferring company or organization for at least a year within the past 3 years before their transfer; and

  • They must be working in an executive or managerial capacity or as a specialized knowledge employee.

Company

There are a few conditions the employer must meet to be eligible for an L-1 petition:

  • There must be a qualifying relationship between the U.S. company and the foreign company. The relationship may be as a parent, branch, subsidiary, or affiliate.

  • The foreign company and the US company must be operational and active for the entire duration of the employee employment in the U.S in L-1 status

Specialized Knowledge

Specialized knowledge, on the other hand, means the employee possesses specialized knowledge and expertise with regard to the organization products and processes.

Managerial Capacity

To work in a managerial capacity means managing the organization or department of the organization, supervising and controlling the work of other professional or supervisory employees.

Executive Capacity

Meanwhile, working in an executive capacity means directing the organisation management, establishing the organization goals and policies, exercising wide latitude of discretion in decision-making, and receiving only general direction from higher-level executives.

Davies & Associates offers initial consultations with our experienced lawyers to help you determine if you have a compelling case to apply for an L-1 visa.

L1 Visa Requirements

There are basic requirements that both employers and employees must meet as well before applying for an L-1 visa. For employers, here are the requirements they must meet:

  • The U.S. company (the branch, subsidiary, parent, etc.) filing the petition must have a qualifying relationship with the parent company.

  • adequate physical premises must be secured for a new office, if applicable.

  • The petitioning employer must be engaged in business in the U.S. and another foreign country for the entire period of the employee stay in the U.S.

You can also check the L-1A requirements and qualifications on the USCIS website.

L1-A

If you are a transferring employee under the L-1A Visa, here are the requirements you must meet:

  • You should have worked in the foreign company continuously for a minimum of 1 year within the 3 years before your transfer to the U.S.

  • You should be working in a managerial or executive position.

  • You should be transferred to the U.S. subsidiary, parent, affiliate or branch of the same employer to provide your service in a managerial or executive capacity.

  • You must have the intent to depart from the U.S. upon expiration of your visa.

L1-B

Meanwhile, if you are a transferring employee under the L-1B visa, here are the requirements that you must meet:

  • You must have worked in the parent company continuously for 1 year within the 3 years before your transfer to the U.S.

  • You must be transferred to the U.S. subsidiary, parent, affiliate or branch of the same employer to provide your specialized services or knowledge.

Required Documents for L1 Visa Process

To meet the requirements of an L1 visa, you must submit various relevant documents with your petition. Both the petitioning employer and the transferring employee must be cautious in filing the forms and documents as it would lead to possible rejection, delay or denial.

In general, the documents you submit should prove the following:

  • The qualifying relationship (parent company, branch, subsidiary, or affiliate) between the foreign company and the U.S. company;

  • That you have worked in the foreign company continuously for at least a year within the 3 years before your transfer;

  • That you have worked in a managerial or executive capacity or a specialized knowledge position for a foreign company;

  • You will work in a specialized knowledge, managerial or executive position for a U.S. company.

The foreign company must also include these documents with the application:

  • Articles of Incorporation and certification of incorporation;

  • Stock certificates;

  • Financial statements;

  • Business tax returns;

  • Copy of the office lease;

  • Organizational chart;

  • Pictures of the business;

  • Promotional materials; and

  • Detailed statement from an authorized representative about the ownership and control of the company.

L1 Visa Fees

When filing for an L-1 Visa in 2026, here are the cost of L1 Visa that you should take note of:

  • Filing Fee (Form I-129): $1,385 (Standard) / $695 (Small Employers/Non-profits)

  • Asylum Program Fee: $600 (Standard) / $300 (Small Employers)

  • Premium Processing Fee: $2,805, which ensures that your case is processed within 15 days

  • Detection and Fraud Prevention Fee: $500

  • Public Law 114-113 Fee: $4,500 (Applicable to companies with 50+ employees where 50% are on H-1B/L-1 status)

L1 Visa Application Process

Now that you know the basic eligibilities, requirements and fees surrounding the L-1 visa, here is a breakdown of the process of applying:

Step 1: Hiring and consulting with an immigration lawyer

While not mandatory, hiring and consulting with an immigration lawyer can help you during your application. The L1 visa process can be complex and would require experience, strategy and preparation. An L1 visa lawyer can help you with the process and provide you a detailed list of documents that you would need to prepare.

Step 2: Gathering of relevant documents

Once you have consulted with an immigration lawyer, it is time for you to gather all the necessary documents you would need to submit for your application.

Step 3: Filing of the Form I-129 and the L supplement

Take note that an L-1 visa can not be obtained through self-petition, so your U.S. employer would need to file a petition for you. A Form I-129 and an L-supplement need to be filed together with the supporting documents.

L-1 Visa Interview

Once your application has been submitted, you will need to schedule and attend the L-1 visa interview.

L-1 Blanket Petitions

The L1 visa allows petitioning employers who need to frequently transfer L-1 employees to apply for a blanket L petition.

L-1 Visa Extensions

The L-1A visa is initially issued for 3 years and can be extended for 2 separate times in increments of 2 years. The holder can stay for a maximum of 7 years on their L-1A status.

FAQS

Yes, your spouse and unmarried children under the age of 21 can stay with you under an L-1 visa. Your spouse, on the other hand, can also work in the U.S. without securing an Employment Authorization Document (EAD).

Yes, it is easier to obtain a green card if you are on an L-1A visa. The L-1 visa is a dual intent visa, which means that you can file for permanent resident status without violating your L-1 status.

No, you are not permitted to work part-time for any employer while on an L-1 visa.

There is no business size required to be qualified for an L-1 visa. All businesses can file a petition as long as the eligibilities and requirements are met, whether they are large-scale, medium-scale or small-scale businesses.

No, you are still permitted to transfer a manager or executive employee to the U.S. to set up a new U.S. office.

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About the Authors

Mark I Davies, Esq.

Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.

Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.

Area Details
Education JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world’s largest international law firms
Immigration Track Record 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally
Recognition Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences

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