Navigating the world of U.S. visas can feel complex, but it doesn’t have to be. This guide will help you understand the L1 visa criteria for both your company and your employee in minutes, so you can apply with total confidence.
What is the L1 Visa? A 30-Second Explainer
The L1 visa is a powerful tool for multinational companies. It’s an intracompany transfer visa that allows you to move key personnel from a foreign office to a U.S. branch. It’s not for new hires; it’s for existing, valuable team members.
The L1 visa is split into two main categories, each with a specific purpose:
- L1-A Visa: This is for transferring executives and managers who will oversee operations, teams, or major functions in the U.S.
- L1-B Visa: This is for transferring employees who possess “specialized knowledge” about your company’s products, services, research, or processes.
Here’s a quick breakdown of the key differences:
| Feature | L1-A (Managers/Executives) | L1-B (Specialized Knowledge) |
|---|---|---|
| Who Qualifies? | High-level managers and executives. | Employees with unique, advanced company knowledge. |
| Initial Stay | Up to 3 years (1 year for a new office). | Up to 3 years (1 year for a new office). |
| Maximum Stay | Up to 7 years. | Up to 5 years. |
| Path to Green Card | Often a more direct path (EB-1C category). | Possible, but may require more steps. |
L1 Visa Criteria for Your Company (The Employer)
Before you can transfer an employee, your company must meet specific requirements. USCIS needs to see a clear and legitimate connection between your foreign and U.S. operations. Here’s what you need to prove:
- A Qualifying Relationship: Your U.S. company must be linked to a foreign company. This can be a parent company, subsidiary, affiliate, or branch. You’ll need to provide corporate documents to prove this structure.
- Actively Doing Business: Both the U.S. and the foreign entity must be actively engaged in business. This means you are regularly and systematically providing goods and/or services. Simply having a registered office or an agent is not enough.
L1 Visa Criteria for the Employee (The Transferee)
The employee you intend to transfer must also meet a clear set of criteria. They can’t be a recent hire or someone unfamiliar with your organization’s core functions.
- One Year of Employment: The employee must have worked for your foreign company for at least one continuous year within the last three years.
- Qualifying Role: The employee must be coming to the U.S. to work in a similar high-level capacity.
- For an L1-A visa, they must be performing executive or managerial duties.
- For an L1-B visa, they must be coming to apply their specialized knowledge.
Special Criteria for a ‘New Office’ L1 Visa
Are you expanding into the U.S. for the first time? The L1 visa can be used to send an employee to establish a new office, but the requirements are stricter. USCIS needs to be convinced that your new venture is serious and well-planned.
- Physical Premises Secured: You must show that you have secured a physical office space for the new U.S. operation. A simple mailing address won’t work.
- Managerial Employee: The employee being sent to open the office must qualify for the L1-A (manager or executive) category.
- A Credible Business Plan: For a new office, a detailed and comprehensive business plan is absolutely non-negotiable. It’s the primary evidence you’ll submit to prove the viability of your U.S. venture.
How a Business Plan Proves You Meet L1 Criteria
Your business plan is the most critical document in your L1 visa application, especially for a new office. It’s your chance to tell a compelling story to the USCIS officer and prove your U.S. operation is a legitimate, viable enterprise. A strong business plan is the key document to prove you are “doing business” and that the employee will have genuine “managerial capacity.”
Here’s what a great L1 business plan does:
- Proves Viability: It outlines your market analysis, financial projections, and operational strategy, showing USCIS your U.S. company is built for success.
- Defines the Role: It clearly details the employee’s high-level duties, responsibilities, and position in the organizational chart, proving their executive or managerial capacity.
- Shows Your Growth Plan: It details your hiring plans and financial runway, demonstrating that the business can support the employee and grow.
A weak, generic, or poorly researched business plan is one of the most common reasons for an L1 visa denial. Don’t risk your entire application on a subpar document. You can Create a professional L1 business plan with AI.
FAQs
What is the main difference between the L1-A and L1-B visa?
The L1-A is for managers and executives who will direct the business or a major part of it. The L1-B is for employees with specialized, proprietary knowledge of the company’s products, services, or procedures that is not common in the industry.
How long can I stay in the U.S. on an L1 visa?
The maximum stay is seven years for L1-A visa holders and five years for L1-B visa holders. Initial petitions are typically granted for up to three years (or one year for a new office) and can be extended.
Can my spouse and children come with me on an L1 visa?
Yes. Your legal spouse and unmarried children under 21 can apply for L-2 derivative visas. Spouses on an L-2 visa are typically eligible to apply for work authorization in the United States.
Do I need a lawyer to apply for an L1 visa?
While not legally required, the L1 process is complex, and many companies choose to work with an immigration attorney. However, preparing a strong, detailed business plan is a step you can take to significantly strengthen your petition, regardless of legal representation.
What happens if my L1 visa application is denied?
If your petition is denied, USCIS will provide a reason. Depending on the reason, you may be able to file a motion to reconsider or appeal the decision. Often, denials are due to insufficient evidence, such as a weak business plan, which can be corrected in a future application.
Meeting the L1 visa criteria is all about providing clear, undeniable proof to USCIS. Your most powerful tool is a comprehensive, data-driven business plan that leaves no doubt about the strength of your company and the importance of your employee. Instead of spending weeks and thousands of dollars on consultants, you can build a document that impresses immigration officials instantly. Trusted by thousands of global entrepreneurs, our platform helps you create plans with all 72 sections required by officials, saving you over 90% on costs. Generate your USCIS-ready L1 business plan in minutes ✨