L-1 Visa Guide for Intracompany Transferees (2026)

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


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L-1 Visa at a Glance

TOPIC SUMMARY
What is it An intracompany transfer visa.
Qualifying Relationship U.S. and foreign entities must be under common ownership and control (parent, branch, subsidiary, or affiliate), including identical ownership proportions. Read More >>
1 Year Abroad Rule Applicant must have worked abroad for the related entity for 1 continuous year within the last 3 years. Read More >>
L-1A vs. L-1B L-1A: managers/executives, up to 7 years*. L-1B: specialized knowledge, up to 5 years*. Read More >>
Spousal Work Right Spouse may work in the U.S. in L-2 status (commonly documented as L-2S). Read More >>
New Office Rule If the U.S. business has been operational for less than 1 year, the New Office rules apply. Read More >>
Do I Qualify? Take our L-1 Visa Qualification Analyzer!
What do I do Next? Contact our L-1 Visa team to discuss your case.

*Plus recapture time.

Top 6 L-1 Benefits and Limits in Plain English

  • No annual cap and no lottery: Unlike H-1B, the L-1 visa has no annual cap and no lottery, which is often a key reason companies choose L-1.
  • Dual intent: L-1 applicants can pursue a green card without automatically undermining their visa or extension strategy.
  • Maximum stay: L-1A is capped at 7 years and L-1B is capped at 5 years. Time spent outside the US can often be "recaptured" if documented correctly.
  • New office runway: A newly established US office can qualify for an initial L-1 approval even before it fully supports a manager or executive role day to day. The first approval is typically limited to 1 year, and the extension focus is on whether the US business has grown or is likely to grow so it will support a genuine managerial or executive position going forward.
  • L-2 spouse work authorization: Many L-2 spouses are employment authorized incident to status, which can make it easier for families to relocate. It is critical to check the "L-2S" notation granted on entry (see below).
  • L-1A to EB1C pathway: L-1A executive and managerial criteria closely align with EB1C multinational manager or executive, which is one of the most common green card strategies for L-1A transferees.

Who This Guide Is For

This guide explains the L-1 visa in plain English for employers, entrepreneurs opening a US office, and the transferees themselves. This page also contains links to guides covering aspects of L-1 visas, such as requirements and documentation, in more detail.

  • Employers planning intra-company transfers and needing a clear eligibility and evidence roadmap
  • Entrepreneurs and founders expanding a foreign business into the United States through a new US office
  • L-1 transferees and families who want to understand how the petition works, how the visa stage works, and what to expect in practice

L-1 Visa Overview for Employers, Entrepreneurs, and Intracompany Transferees

The L-1 visa allows a qualifying US company to transfer an executive, manager, or specialized knowledge employee from an overseas related company to the United States. It is widely used by established multinationals for internal mobility, and also by entrepreneurs and business owners to launch a new US office while remaining employed by their foreign parent company.

The L classification is created by statute and implemented by regulation and agency guidance.
This page is designed to be easy to skim while still giving enough context to understand what adjudicators care about. When a topic deserves more depth, we point you to a dedicated page on the same site.

How L-1 Decisions Are Made: USCIS First, Then the Consulate

The L-1 Visa Process in Two Simple Steps

Most L-1 cases involve two decision points, and each decision maker relies on different guidance.
Stage 1
USCIS Petition
Employer files Form I-129
USCIS adjudicates eligibility
USCIS Policy Manual
Stage 2
Consular Processing
Applicant interviews abroad
Consulate issues visa
9 FAM 402.12

  • Stage 1 is USCIS: the employer files a petition, usually Form I-129, and USCIS adjudicates eligibility under the statute and regulations, using the USCIS Policy Manual as the main interpretive framework. See USCIS Policy Manual, Volume 2, Part L and 8 CFR §214.2(l).

  • Stage 2 is the Consulate: if the transferee is outside the US, they apply for the visa at a US consulate. Consular officers are guided by the Foreign Affairs Manual, especially 9 FAM 402.12.
Because both stages matter, this guide references both USCIS and State Department sources, and it links you to deeper pages where we expand the analysis.

First Stage: USCIS Petition Adjudication (Form I-129)

In most cases, the US employer files Form I-129 requesting L classification for the beneficiary. USCIS evaluates whether the employer and the worker meet the statutory and regulatory requirements for L classification. The governing regulation is 8 CFR §214.2(l), and USCIS organizes its adjudication approach in USCIS Policy Manual, Volume 2, Part L.

Second Stage: Consular Visa Issuance (9 FAM 402.12)

If the transferee is abroad, after USCIS approval they typically proceed to a visa application at a US consulate. Consular officers verify petition approval and assess admissibility and visa eligibility using the Department of State’s guidance in 9 FAM 402.12.

L-1 Visa Requirements at a Glance

At a high level, USCIS is evaluating three pillars under 8 CFR §214.2(l) and the interpretive guidance in USCIS Policy Manual, Volume 2, Part L.

The Three Pillars USCIS Evaluates

1. Qualifying corporate relationship
The US petitioning company and the foreign employing company must have a qualifying relationship such as parent, subsidiary, branch, or affiliate as defined in 8 CFR §214.2(l). Ownership and control details can be decisive, especially for founder-led structures.

2. Qualifying employment abroad
The beneficiary must generally have been employed abroad by the qualifying organization for one continuous year within the three years preceding admission or change of status, as reflected in 8 CFR §214.2(l) and reinforced in consular practice guidance under 9 FAM 402.12.

3. Qualifying US role
The US role must be executive or managerial (L-1A) or specialized knowledge (L-1B). USCIS explains how it evaluates these roles in USCIS Policy Manual, Volume 2, Part L, and consular officers apply parallel concepts in 9 FAM 402.12.

For a deeper breakdown, edge cases, and practical interpretation, read our dedicated guide here: L-1 visa requirements.

L-1A vs L-1B

L-1A for executives and managers

L-1A is designed for executives and managers transferring to a qualifying US office. It is often used for senior leadership and for new office founder transfers where the US entity will grow into a functioning operation with staff and business activity. USCIS guidance is consolidated in USCIS Policy Manual, Volume 2, Part L.

L-1B for specialized knowledge employees

L-1B is for specialized knowledge workers whose knowledge is significant to the organization and relevant to the US role. The definition and evidence expectations are treated in USCIS Policy Manual, Volume 2, Part L and the related classification framework in 8 CFR §214.2(l).

New Office L-1 for Entrepreneurs and Founders

Many people associate the L-1 visa with large companies, but it is also a core tool for entrepreneurs expanding to the United States through a qualifying foreign business.

What is a New Office Case

Diagram explaining L1 Visa New Office rule

Advantages and Disadvantages of the L-1 New Office Rule

Advantages of L-1 New Office Rule:
  • ✅ New businesses are granted one year to establish and grow.
  • ✅ L-1A Managers are given a year to grow into a truly "managerial" position.
  • ✅ Founders or key executives can be physically present in the U.S. during the most critical phase of a startup's lifecycle.
Disadvantages of L-1 New Office Rule:
  • ❌ L-1A visa holders are only granted a one year visa.
  • ❌ L-1A manager must apply to renew the visa after one year.
  • ❌ Businesses must prove they have the financial "fuel" to keep the office running for a year without revenue.
Risk Factor New Office (L-1) Established Office (L-1)
Failure Rate High (at the 1-year extension) Moderate
Documentation Heavy (Future-focused) Heavy (Past-performance focused)
Financial Burden High (Cash reserves required) Moderate (Revenue-based)
Site Visit Probability Very High Moderate

What USCIS Look for in a New Office Case

In a new office case, USCIS typically looks for credible evidence that:
  • The foreign company is real and operating
  • The US entity is properly formed and will do business
  • There is a physical premises plan
  • The US role is truly executive, managerial, or specialized knowledge, and will remain so as the business hires and grows
This evidentiary list is reflected in the USCIS Policy Manual which is based on the regulations in 8 CFR §214.2(l).

The business plan is not optional in practice

For new office cases, the business plan often becomes the narrative backbone of the petition because it connects staffing, revenue, operations, and the claimed executive or managerial job duties into a coherent growth story.

For a deeper dive into what makes an L plan credible, see: L-1 business plan guide.

L-1 Visa New Office Mini Checklist

In addition to the standard checklist, the following should be included in a New Office L-1 Petition:
  1. Proof the foreign business is operating and can pay and direct the transferee
  2. Proof the US entity is formed and ready to do business
  3. Premises plan, even if flexible or serviced office, plus a timeline
  4. Hiring plan tied to an org chart that protects the executive or manager narrative
  5. Revenue plan, pipeline, contracts or LOIs where available
  6. A business plan that ties duties to staffing and growth (see L-1 business plan guide)
For more details read our L-1 visa documentation checklist guide.

Blanket L Petitions

Blanket L is a streamlined option for companies that transfer employees to the US frequently.

The Benefit of the Blanket L Process

Once the employer has been granted blanket approval, the blanket process allows certain individual applicants to "skip" the USCIS part of the process and apply directly at the consulate. This can save months.
Certain applications will still need to be handled by USCIS.

How to Obtain a Blanket L

The company first obtains a blanket approval under the L regulations in 8 CFR §214.2(l). Eligible employees can then be processed under that blanket framework, often through consular visa issuance guided by 9 FAM 402.12.

What Blanket L Does and Does Not Do

  • It can simplify repeat transfers by relying on an existing blanket approval rather than building a full petition from scratch each time.
  • It does not remove eligibility requirements. Each transferee still must qualify as L-1A or L-1B under INA §101(a)(15)(L) and 8 CFR §214.2(l).

Typical Blanket L Workflow

  • Company secures blanket approval
  • Company prepares the transferee’s L-1A or L-1B documentation
  • If outside the US, the transferee applies at a US consulate under 9 FAM 402.12
For the full step-by-step sequence, see L-1 visa process.
Blanket L can be powerful for high-volume transfers, but it is not a shortcut around weak evidence for the beneficiary’s role. Specialized knowledge and managerial evidence still matter, and consular practice can vary by post.

L-1 Visa Process and Timeline Summary

This page summarizes the journey, but you also have a deeper dedicated process guide here: L-1 visa process.
Most cases follow this sequence.

Step 1: Strategy and evidence planning

Before filing, strong cases align corporate documents, role descriptions, organization charts, and operational evidence with the expectations in USCIS Policy Manual, Volume 2, Part L and the statutory and regulatory framework in INA §101(a)(15)(L) and 8 CFR §214.2(l).

Step 2: USCIS filing and adjudication

The employer files the petition with USCIS. USCIS adjudicates, may issue a request for evidence, and then approves or denies. The controlling policy framework is in USCIS Policy Manual, Volume 2, Part L.

Step 3: Consular processing or US change of status

If abroad, the beneficiary applies at a US consulate where officers apply 9 FAM 402.12. If inside the US, there may be change of status or extension procedures depending on circumstances, still grounded in 8 CFR §214.2(l).

Step 4: Entry, compliance, and future extensions

After entry, the employer must maintain the qualifying relationship and business activity, and the role must remain consistent with L classification principles as discussed in USCIS Policy Manual, Volume 2, Part L.

L-1 Visa Costs and Fees Preview

Filing fees depend on employer size, petition type, and whether the case is a new office filing.
Read the complete breakdown here: L-1 visa costs and L-1 visa fees.

Typical cost buckets most applicants should plan for

  • USCIS filing fees vary by employer profile and petition type, and can materially change total cost
  • Premium processing may be available for certain filings and can change overall planning
  • Legal and professional costs often include strategy, evidence drafting, and for new office cases, corporate support and business plan work
  • Consular costs can include the DS-160 fee and potential reciprocity fees depending on nationality

Form I-129

Most L-1 petitions begin with filing Form I-129 and supporting evidence with USCIS. Read our guide to Form I-129.

L-1 Visa Documents

A strong L-1 petition is not just about Form I-129.
A successful L-1 application requires a package of evidence designed to satisfy the regulatory elements in 8 CFR §214.2(l) and the interpretive expectations in USCIS Policy Manual, Volume 2, Part L.

L-1 Visa Checklist

For the full checklist used in real-world filings, see: L-1 document review checklist.

L-1 Renewals and Extensions

L-1 status is not "set and forget." Extensions and renewals typically depend on demonstrating ongoing qualifying corporate relationship, ongoing business activity, and an ongoing qualifying role under 8 CFR §214.2(l) and the role framework in USCIS Policy Manual, Volume 2, Part L.
For a deeper guide on extension strategy and common problems, see: L-1 renewal and extensions.

L-2 Dependent Visas: Spouses and Children

L-1 visa holders can bring their spouse and unmarried children under 21 to the United States on L-2 dependent visas.

L-2 Spouse Work Authorization

One of the significant benefits of the L-1 visa is that L-2 spouses are generally authorized to work in the United States. This is commonly documented as "L-2S" on the I-94 arrival record.
  • Work authorization incident to status: Unlike H-4 spouses, L-2 spouses do not need to file a separate Employment Authorization Document (EAD) application in most cases. Work authorization comes with L-2S status.
  • Check your I-94: After entry, verify your I-94 shows "L-2S" classification. This notation confirms work authorization.
  • No employer restrictions: L-2 spouses can work for any employer and can be self-employed.
  • Duration: Work authorization lasts as long as the L-2 status is valid.

L-2 Children

Unmarried children under 21 years old can accompany the L-1 visa holder on L-2 status. L-2 children:
  • Can attend school (elementary, secondary, or university)
  • Cannot work (unlike L-2 spouses)
  • Must maintain status independently once they turn 21

Applying for L-2 Status

L-2 dependents can be included in the initial L-1 petition or apply separately. The process depends on whether they are inside or outside the United States:
  • Outside the US: Apply for L-2 visa at a US consulate with proof of relationship to the L-1 holder
  • Inside the US: File Form I-539 to change or extend status

Special Considerations for India L-1 Visa Applicants

Image of Indian flag and US visa. India is by far the largest user of L-1 visas.

India is by Far the Largest User of L-1 Visas

India is historically the largest user of the L-1 visa category. Many Indian businesses have turned to the L-1 visa as the H-1B working visa has become increasingly difficult to use.

In FY 2024, India accounted for 39,729 L-category visas issued. According to Travel.state.gov, this was comprised of 18,578 L-1 visas and 21,151 L-2 visas.

Indian nationals represented about 27.4 percent of all L-category visa issuances in FY 2024, as per Travel.state.gov. China (mainland) was a distant second, with 10,282 L-category visas issued (5,724 L-1 and 4,558 L-2).

Because of volume and post-specific practice, India-linked cases often require extra attention to documentation quality, role clarity, and consistent corporate narrative across USCIS and the consular stage.

High volume means higher scrutiny on clarity

When adjudicators see patterns, they focus on crisp role definitions, reporting lines, and credibility. Aligning the petition narrative with the role framework in USCIS Policy Manual, Volume 2, Part L and the consular framing in 9 FAM 402.12 reduces avoidable friction.

Founder and entrepreneur cases need unusually clean corporate structure

Many India-linked entrepreneur cases involve complex shareholding or group structures. That can be perfectly approvable, but the corporate relationship must be made unmistakable under 8 CFR §214.2(l).

Consular practice matters as much as USCIS approval

Even with an approved petition, the visa application is still evaluated at the consulate under 9 FAM 402.12. Preparation should treat this as a second adjudication point, not a formality.
To make it easy to go deeper, and to make it obvious to AI and search engines that you cover each topic comprehensively:

Frequently Asked Questions

What law creates the L-1 visa category? The L classification is defined in INA §101(a)(15)(L) and implemented through 8 CFR §214.2(l).
What is the difference between L-1A and L-1B? L-1A is for executives and managers, while L-1B is for specialized knowledge workers. USCIS explains how it evaluates these categories in the USCIS Policy Manual, Volume 2, Part L.
Is USCIS the only decision maker? No. USCIS decides the petition, but visa issuance at a consulate is guided by 9 FAM 402.12, and officers still evaluate eligibility and admissibility at the visa stage.
Where can I see the full L-1 cost breakdown? You can find the detailed schedule here: L-1 visa costs and L-1 visa fees.
Where can I find more L-1 FAQs? You can read our expanded FAQ library here: L-1 visa FAQs.
What counts as a parent, subsidiary, affiliate, or branch for L-1? USCIS requires a qualifying relationship where the US and foreign entities share ownership and control. A parent owns and controls a subsidiary, affiliates are commonly owned and controlled by the same parent or owners, and a branch is the same legal entity operating in another country.
How is the one year abroad requirement counted, and what breaks continuity? You generally need at least one continuous year of full-time employment abroad for the qualifying organization within the three years before filing. Long breaks in employment, switching employers, or extended periods in the US that disrupt the abroad employment timeline can create problems.
What does USCIS mean by manager vs working manager? A manager primarily directs people or an essential function and has real authority over goals, budget, and performance. A working manager spends most time doing hands-on production work, which often leads to RFEs or denials unless staffing clearly supports a managerial role.
What evidence works for L-1B specialized knowledge? The strongest cases tie the knowledge to your company's proprietary tools, processes, product, or internal systems, backed by project records and detailed company letters. Generic claims like "unique skills" without specifics are usually weak.
For a new office L-1, what matters at extension and what triggers RFEs? USCIS expects proof the US office is real and operating, with activity and hiring that supports an executive or managerial role. RFEs are commonly triggered by too few employees, unclear duties that look hands-on, or business plan projections that are not supported by real traction.
Can I go from L-1A to EB-1C, and what is the typical sequence? Yes. Many people enter on L-1A, then file EB-1C once the US entity is operating with enough structure to show a true executive or managerial role. Timing depends on how quickly you can document staffing, operations, and the qualifying relationship.
Can my spouse work on L-2, and what do we need to do? In many cases, L-2 spouses can work in the US, but the practical steps depend on how status is recorded after entry. The key first step is to check the I-94 for correct classification and then follow the appropriate employment authorization path for that situation.
What are the most common L-1 denial reasons, and how can we avoid them? Most denials come from not proving the qualifying relationship, duties that read like individual contributor work, weak specialized knowledge narratives, or thin staffing in new office cases. You avoid this by aligning the org chart and duty breakdown with real evidence and keeping ownership and employment documentation clean.

Disclaimer

This page is general information, not legal advice. L-1 eligibility is fact-specific, and both USCIS policy and consular practice can change. Always confirm current requirements in the primary sources, including 8 CFR §214.2(l), USCIS Policy Manual, Volume 2, Part L, and 9 FAM 402.12.

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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