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L-1 Visa for Indians: Managers & Executives into the U.S.

Our success

6

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1759

L Visas

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Denials

*after appeal

Published on Date: November 11th, 2025. Includes 05 Nov 2015 USCIS Policy Manual updates, by Sukanya Raman, India Country Manager, Davies & Associates, Bangalore, India.

Whether you’re a corporate mobility manager coordinating multiple transfers, a founder setting up a U.S. office, or an employee relocating to take on a leadership role, our India–U.S. legal team delivers the clarity, coordination, and compliance that cross-border mobility demands.

With offices in Mumbai, Delhi, New York, and London, we have supported hundreds of successful L-1 filings across technology, finance, manufacturing, and consulting sectors.

Who we work with:

Corporations Entrepreneurs Transferees

Streamlined programs for HR, legal, and global mobility teams.

Step-by-step guidance for establishing new U.S. entities and first-time filings.

Responsive support and clear communication from petition to visa stamping.

L-1 Visa Overview

A Single Visa Type — Three Distinct Use Cases

The L-1 visa allows an Indian company to transfer executives, managers, or specialists to a related entity in the United States. Davies & Associates assists:


  • Enterprises managing ongoing global mobility programs
  • SMEs and founders opening new offices under the “new-office” L-1A category
  • Employees seeking a professionally managed, predictable relocation process
Visa Type Typical Applicant Duration
L-1A Executives and managers Up to 7 years
L-1B Employees with proprietary or specialized knowledge Up to 5 years

For Transferring Employees

  • Transfer senior leaders or specialized staff to U.S. operations.
  • Establish new U.S. businesses as affiliates, branches, or subsidiaries (8 C.F.R. § 214.2(l)(3)(v)).
  • Spouses (L-2) may work incident to status but employers may have outdated workflows asking for employment authorization (EAD); can obtain EAD (8 C.F.R. § 274a.12(a)(18)) No quota or lottery system for L-1 applicants.
  • No quota or lottery system for L-1 applicants.
  • Pathway to permanent residency via EB-1C (INA § 203(b)(1)(C)).
  • No annual cap or lottery (unlike H-1B).
  • Spousal work authorization makes family relocation practical for Indian executives.
  • Davies & Associates has guided hundreds of Indian companies and entrepreneurs from entity formation through visa issuance and post-approval compliance.

Core Requirements for the L-1 Visa

  • A qualifying relationship between the foreign and U.S. entities must exist (parent, branch, subsidiary, affiliate).
  • The transferee must have worked for at least 1 continuous year within the past 3 years for the foreign entity ( 8 C.F.R. § 214.2(l)(3)(iii)).
  • The U.S. role must be executive/managerial (L-1A) or specialized knowledge (L-1B).
  • The U.S. company must be actively doing business (or have credible plans if it is a new office).

Doing Business in the United States

Owing or operating a US business is different to operating a business in India. There are many advantage in the US, such as the ability to enforce non-compete agreements. For mor information on owning a business in India follow this link.

⚙️ The Process: How Davies & Associates Manages the L-1 Visa End-to-End

1 · Strategic Assessment & Planning

We begin with a structured consultation to confirm eligibility under 8 CFR § 214.2(l)(1)(ii) and determine whether the petition will be filed for an executive/manager (L-1A) or a specialized-knowledge employee (L-1B).

2 · Entity & Documentation Preparation

We coordinate the Indian and U.S. entities to meet the “qualifying relationship” and “doing business” requirements of 8 CFR § 214.2(l)(1)(ii)(G) and (l)(1)(ii)(H). Our deliverables include:

3 · Petition Filing with USCIS

We file the Form I-129 with L Supplement and monitor adjudication under 8 CFR § 214.2(l)(13). Requests for Evidence (RFEs) are handled according to USCIS PM Vol. 1 Pt. E Ch. 6 to ensure timely, complete responses. Corporate clients may opt for reporting dashboards to track petition stages.

4 · Consular Processing & Visa Issuance

Upon USCIS approval, we prepare applicants for interview following 9 FAM 402.12-5 and consular guidance under the Department of State’s 9 FAM. We provide mock interviews and confirm all supporting materials match the approved petition.

5 · Post-Approval Compliance & Renewals

After arrival in the U.S., maintaining status requires adherence to 8 CFR § 214.2(l)(14) (Extension of stay) and ongoing qualifying relationship documentation. We support renewals and transitions to EB-1C classification as described in USCIS PM Vol. 6 Pt. F Ch. 2.

⏱ Typical Timeline (Indicative)

Stage Time Frame Source Reference
Assessment & Planning 1–2 weeks Internal coordination
Petition Preparation 2–4 weeks 8 CFR § 214.2(l)(3)
USCIS Adjudication 2–6 weeks (Premium) 8 CFR § 103.7(b)(1)
Consular Processing 1–3 weeks 9 FAM 402.12-5

⚠️ Common Pitfalls — and How We Avoid Them

Issue Regulatory Context Mitigation
Unclear Qualifying Relationship 8 CFR § 214.2(l)(1)(ii)(G) Corporate structure audit and documentary exhibits
Weak Managerial Definition USCIS PM Vol. 2 Pt. L Ch. 3(A) Reframed job descriptions + organizational charts
New-Office Evidence Gap 8 CFR § 214.2(l)(3)(v) Compliant business plan + operational readiness proof
Document Inconsistency 9 FAM 402.12-6(B) Cross-review by multi-national legal teams
Inadequate Communication Not regulatory — process-risk Dedicated liaison + scheduled status updates

🌎 Step-by-Step L-1 Visa Application Process for a New U.S. Business

Step What Happens Owner Typical Timing Notes
0. Strategy & Kickoff Scope U.S. plan (functions, headcount, revenue), L-1A vs L-1B, EB-1C pathway, and premium processing decision. D&A + Client 3–5 days Define executive/manager duties (people/process oversight); prep org charts.
1. Business Deep-Dive Analysis of Indian and U.S. entities; on-site review if required. D&A + Client 3–7 days Compile ownership chain, foreign financials/payroll, and key contracts.
2. Business Plan 12–36-month plan: quarterly org charts, hiring schedule, P&L, and KPIs. D&A (Inputs: Client) 7–10 days USCIS-grade plan; tie manager role to projected team and budget for premises.
3. State Selection Choose state (tax, labor, proximity); perform name clearance/reservation. D&A + Client 1–3 days State rules vary; ensure brand consistency across all entity names.
4. IP Protection U.S. trademark strategy and filing. D&A Parallel File early to avoid conflicts; align website/lease with brand.
5. Structure LLC vs C-Corp analysis; document qualifying relationship (parent/sub/affiliate). D&A + Tax 2–5 days Articles, bylaws, and share ledgers evidencing corporate control.
6. Formation Incorporate, appoint Registered Agent, obtain initial licenses. D&A 2–5 days Some licenses require local manager—sequence with Step 11.
7. Tax Registration Obtain FEIN; register for state payroll and unemployment. D&A 1–3 days Ensure absolute consistency of name/address across all IRS filings.
8. ITIN Tax ID for signatories without SSNs (helps with banking). Client (via D&A) 2–6 weeks Parallel process; not always mandatory for initial bank opening.
9. VIBE/D-U-N-S Align employer data with Dun & Bradstreet for USCIS validation. D&A + Client ~3 weeks Crucial to avoid RFEs. See VIBE steps.
10. Banking Open and fund corporate account per capitalization plan. Client (D&A Assists) 3–10 days Requires formation docs and KYC; be aware of FinCEN BOI reporting.
11. Premises Secure commercial office proportionate to the plan (no virtual offices). Client (D&A Review) 1–4 weeks Lease >1 year; include photos/layout to prove operational readiness.
12. Filing Compile evidence and file Form I-129 (and I-907 for Premium). D&A 10–15 days Draft duties to emphasize supervision and executive discretion.
13A. Consular DS-160 filing, biometrics, and interview (Mumbai/Delhi/etc). Client (D&A Prep) 2–8 weeks Mock interview; maintain consistency on team size and growth plan.
13B. Change Status File COS if already in U.S.; no travel until approved. D&A + Client 2–5 months Premium Processing (~15 days) available; travel abandons the COS.
Post-Approval Execute hiring plan, launch ops, and maintain records for extension. Client (D&A Oversight) Ongoing Thin hiring/revenue is the #1 extension risk—document monthly.

L-1 Visa Documentation Examples (L-1A & L-1B)

The following case examples illustrate how documentation should be prepared and presented for successful L-1A Manager/Executive and L-1B Specialized Knowledge petitions, addressing common challenges faced by Indian businesses.

1. Managerial Role Example (L-1A) 🧑‍💼

Focus: Demonstrating managerial/executive capacity via organizational structure and strategic authority.

  • Indian Role: A senior operations manager in Bangalore oversees five team leads who manage thirty-two software engineers. Responsibilities include budgeting, hiring, performance oversight, and strategic departmental planning.
  • US Role: The transferee supervises three project managers in the US, maintaining high-level operational decision-making authority and avoiding technical execution.
  • Why it Works: This structure clearly shows both direct and indirect reports, strategic control over resources, and decision-making authority, supporting the L-1A managerial classification.

7. Sample Support Letter Paragraph (L-1A) ✍️

Focus: Language recommended for the petition supporting cover letter to define a managerial role.

Ms. Ananya Rao serves as Senior Operations Manager and oversees a department of twenty-eight employees through three direct report team leaders. She is responsible for budgeting, workforce planning, performance management, allocation of resources, and the coordination of cross-departmental initiatives. She does not perform day-to-day technical tasks, but instead directs team leaders who execute operational activities. Her role is strategic and managerial in nature.

6. Common Mistake & Correct Approach (L-1A) ❌✅

Focus: Avoiding the #1 reason for managerial role denials.

  • Common Mistake: Applicants state the transferee “manages projects” without demonstrating that the individual manages people or strategic functions. USCIS does not consider project oversight alone to be managerial.
  • Correct Approach: Provide an organizational chart identifying direct and indirect reports, along with job descriptions that emphasize hiring authority, performance management, budget oversight, and strategic responsibility over the function or staff.

8. What NOT to Submit (L-1A/L-1B) 🛑

Focus: Guidance on writing job descriptions that avoid ambiguity.

  • Do Not Submit: Job descriptions that list daily technical tasks such as coding, testing, debugging, quality assurance, or hands-on operational work, followed by a single sentence claiming managerial duties. USCIS interprets this as evidence of a non-managerial function.
  • Correct Approach: Emphasize planning, strategy, oversight, supervision, decision-making authority, and the management of direct and indirect reports in the primary duties section.

2. Specialised Knowledge Example (L-1B) 🧠

Focus: Linking proprietary, essential knowledge gained in India to the critical need in the U.S.

  • Employee Profile: A software engineer at a Chennai-based FinTech company has advanced, proprietary familiarity with the company’s core payment routing algorithm and was a builder of the fraud detection engine.
  • US Requirement: The U.S. position requires the implementation and optimization of this exact proprietary architecture within the North American system.
  • Why it Works: The link between the employee’s unique knowledge gained in the Indian role and the essential nature of that knowledge in the U.S. position is the specialized knowledge USCIS looks for in L-1B cases.

3. Qualifying Relationship Example (Parent–Subsidiary) 🤝

Focus: Required documentation to prove the legal corporate link between the Indian and U.S. entities.

  • Relationship: XYZ Technologies Private Limited (Hyderabad) owns 100% of XYZ Technologies Incorporated (Delaware).
  • Evidence Submitted: Indian corporate registry records (confirming directors/shareholding), the Delaware Certificate of Incorporation, a notarized ownership chart, and bank statements showing capital transfers from the Indian to the U.S. entity.
  • Conclusion: These records demonstrated the required qualifying relationship between the Indian parent company and the U.S. subsidiary.

4. New Office Example (Initial L-1) 🏗️

Focus: Demonstrating viability and genuine need for a new U.S. entity.

  • Case: An engineering consultancy based in Pune opened a new U.S. office in Texas.
  • Key Evidence: A signed commercial office lease, U.S. bank account statements (funded via RBI/FEMA LRS/ODI compliant transfer), a detailed business plan projecting staffing growth over the first twelve months, and a description of the Indian manager’s plan to hire and structure the U.S. team.
  • Why it Works: These materials supported the viability of the new office and demonstrated that an executive or managerial transferee was genuinely required to manage the startup.

5. Doing Business Requirement Example 💼

Focus: Proving the Indian entity is still actively "doing business" continuously.

  • Company: ABC Manufacturing Private Limited.
  • Evidence Submitted: Six months of invoices for Indian clients, payroll records confirming forty-seven employees in India, vendor/supplier contracts, and tax filings for both the Indian and U.S. entities.
  • Conclusion: This evidence demonstrated ongoing, active business operations for both the Indian company and the U.S. office, satisfying the continuous “doing business” requirement.

❓ Frequently Asked Questions (FAQ)

Can I apply for an L-1 Visa without a U.S. office?

Yes. This is achieved through a "New Office" petition, as provided under 8 C.F.R. § 214.2(l)(3)(v). This path requires a strong U.S. Business Plan and a commitment to secure appropriate commercial premises post-approval, often leading to an initial visa validity of one year.

Can my spouse Work in the U.S.?

Yes, in general. L-2 spouses are employment-authorized incident to status (meaning their legal status allows them to work) and may work for any employer. They are eligible to obtain an Employment Authorization Document (EAD) as per 8 C.F.R. § 274a.12(a)(18).

Does an L-2 spouse require an EAD to work?

Legally, no, but practically, yes.

L-2 spouses are employment-authorized based on their status alone, especially if their I-94 Arrival/Departure Record is annotated with "L-2S". They should be able to complete Form I-9 with the L-2S I-94 plus a List B photo ID.

However: Many U.S. employers and E-Verify systems still require the physical EAD card for onboarding. To prevent potential HR delays or confusion, we typically recommend filing Form I-765 for the EAD as a backup, especially if the L-2 I-94 lacks the "S" annotation.

Can L-1 lead to a Green Card?

Yes, the L-1A visa (for managers/executives) offers a clear path to permanent residency via the EB-1C Immigrant Visa for Multinational Executives and Managers (INA § 203(b)(1)(C)).

The L-1A and EB-1C share nearly identical requirements concerning the role (manager/executive) and the corporate relationship, making the transition relatively streamlined once the U.S. office is well-established (typically after one year of operations).

Where can I review official policy?

The two main government sources for L-1 policy are the U.S. Department of State Foreign Affairs Manual and the Code of Federal Regulations:

What is the difference between an L-1 visa and an L-1 visa with Blanket Petition?

Key Difference: L-1 blanket is processed directly at the consulate using form I-129S. L1 blanket is therefore very much faster.
Blanket L-1 Eligibility: One of several factors including: Over 1,000 US employees; 25M in US sales; and 10+ L-1 approvals in a year.

Attorney Credentials (Mark I Davies, Esq.)

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

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