L1 Visa Comprehensive Guide : All You Need to Know

If the U.S. business you will work for has been operational for less than a year, it is categorized as a “new office,” and specific rules apply when applying for an L1 visa.

What Constitutes a New Office?

A new office refers to a U.S.-based business that has been conducting operations through a parent, branch, affiliate, or subsidiary for under one year.

Conducting operations is defined as the “regular, systematic, and continuous provision of goods and/or services” per [CFR Section 214.2(l)].

Simply having an office in the U.S. is not enough to meet the “doing business” requirement. The business must actively engage in commercial activities.

Increased Scrutiny for New Office Petitions

L1 visa applications for new offices are subject to stricter evaluation.

To maximize your chances of approval, it is advisable to include a comprehensive business plan with your petition.

Key factors USCIS considers for new office petitions include:

1. The amount of investment in the U.S. business,
2. The planned personnel structure,
3. The physical location of the business operations, and
4. The financial viability of the foreign entity.

Rules for L1A New Office Managers and Executives

If your role involves serving as a manager or executive for a new U.S. office, you must adhere to the following requirements:

• Qualifying Relationship: The U.S. and foreign companies must maintain a qualifying relationship.
• Premises: Demonstrate that sufficient physical office space has been secured.
• Employment History: Show at least one year of continuous, full-time managerial or executive work for the foreign company.
• Experience: Unlike existing offices, new office managers or executives must have prior experience in a managerial or executive capacity, not as specialized knowledge workers.
• Future Managerial Role: Provide evidence that the U.S. business will support a managerial or executive role within one year of visa approval.

USCIS acknowledges that managers or executives at new offices may initially handle day-to-day operations. However, you must prove within one year that the U.S. business can sustain a managerial position.

To demonstrate this, provide:

• A detailed business plan with projections,
• Information about the new office’s scope, organizational structure, and financial objectives,
• Evidence of the investment’s size and the foreign entity’s financial capacity to support U.S. operations, and
• The organizational structure of the foreign business.

Initial Approval Period and Extension Requirements

Unlike established offices, new office L1 petitions are initially approved for only one year.

To maintain L1 status, you must file for an extension before the one-year period expires. To secure approval, demonstrate that the U.S. office has grown to support a managerial or executive position.

The foreign company must continue operations and maintain its qualifying relationship with the U.S. business.

Rules for L1B New Office Specialized Knowledge Workers

If your role involves working as a specialized knowledge employee for a new U.S. office, additional rules apply:

• Qualifying Relationship: The U.S. and foreign companies must maintain a qualifying relationship.
• Premises: Prove that adequate physical office space has been secured.
• Financial Viability: Demonstrate the U.S. office’s financial ability to pay for your services and begin operations.
• Foreign Company Operations: Provide evidence that the foreign company will continue its operations.

The foreign company must remain operational and maintain its relationship with the U.S. office throughout your tenure.

Important Note

For both L1A and L1B visa holders, if you are an owner or significant shareholder in the business, your application must include evidence demonstrating:

1. That your role in the U.S. is temporary, and
2. That you will be transferred to another assignment outside the U.S. upon completing your services.

This requirement is outlined in [CFR Section 214.2(l)].

6. What Documents Are Required for an L1 Visa Application?

The supporting evidence you submit with your L1 petition plays a critical role in ensuring the success of your application.

The exact documents required will vary depending on your unique circumstances. An immigration attorney can assist you in identifying the specific documentation you’ll need for your case.

If you have any questions or need guidance, feel free to email me directly at abbas@espadaimmigration.com. I’d be happy to help you navigate the L1 visa process from start to finish.

Below is a general list of documents you may need to provide to your immigration attorney:

• Copies of Passports: Copies of your passport and those of your family members.
• Resume or CV: A detailed resume or curriculum vitae outlining your qualifications.
• Job Descriptions: Comprehensive descriptions of both your role in the U.S. company and your position with the foreign company.
• Company Information: General details about both the U.S. company and the foreign entity involved in your transfer. 

7. How to Apply for an L1 Visa

Here’s an outline of the process for securing an L1 visa:

Step 1: Hire an Immigration Attorney

The L1 visa process is highly detailed and requires expertise, meticulous preparation, and strategic planning.

An experienced immigration lawyer will guide you through the process step by step. They will conduct an in-depth consultation, review your eligibility, and provide you with a customized checklist of documents needed for your L1 petition.

Step 2: Gather Required Documentation

During this phase, you’ll collect all the required documents identified by your immigration lawyer. These typically include:

• A detailed description of your prospective role in the U.S. company.
• Evidence of your employment and responsibilities with the foreign company.
• Additional evidence or supporting materials specific to your case.

Step 3: File Form I-129 with the L-Supplement

Form I-129, the Petition for a Nonimmigrant Worker, is the official document used to request L1 classification.

Your immigration attorney will file this form on your behalf, along with the L-Supplement. Keep in mind the following points:

• Employer as Petitioner: The L1 visa cannot be self-petitioned. Your U.S. employer must act as the petitioner, and you, the prospective L1 employee, are the beneficiary.
• Supporting Evidence: All necessary documents, such as proof of your employment with the foreign company, your CV, and other materials, will be included with the petition.

Once the Form I-129 is approved, you are officially eligible to apply for the L1 visa.

• If you are filing for a Change of Status within the U.S., your process is complete upon approval of Form I-129.

Step 4: Apply for an L1 Visa

If you are not filing a Change of Status, you will likely need to apply for your L1 visa at the U.S. consulate in your home country.

After the approval of Form I-129, the next steps include:

• Consular Interview: Your immigration attorney will assist you in scheduling your visa interview at the appropriate U.S. consulate. They will also help you prepare the required documentation and ensure you are ready for the interview process.

Special Note for Canadian Citizens

If you are a Canadian citizen, you may bypass the standard USCIS petition process and apply for an L1 visa directly at a U.S. port of entry.

• Application Process: This involves submitting your application to the U.S. Customs and Border Protection (CBP) Agency at the port of entry.
• No USCIS Petition Required: Canadian citizens are exempt from filing Form I-129 with USCIS for L1 visa approval.

By following these steps and working closely with your immigration attorney, you can navigate the L1 visa process effectively.

8. L1 Extensions

L1A Extensions

The L1A visa, designated for managers and executives, is initially issued for a three-year period.

• It can be extended twice, with each extension lasting two years.
• The maximum allowable stay in the U.S. under the L1A category is seven years.

L1B Extensions

The L1B visa, meant for specialized knowledge workers, is initially granted for two years.

• It can also be extended twice, but each extension is limited to one year.
• The total permissible duration of stay in the U.S. under L1B status is five years.

New Office L1 Extensions

For new office L1 visas, the initial validity period is one year.

• L1A Managers and Executives: Extensions are granted by demonstrating that the U.S. business can support a managerial or executive position. This usually requires evidence of sufficient staffing to handle routine operations.

Differences Between New Office and Existing Office Extensions

• New Office Extensions: The foreign company that initially employed you must remain operational for the extension to be approved.
• Existing Office Extensions: While a foreign company with a qualifying relationship must exist, it does not have to be the specific company that previously employed you.

9. L1 Blanket Visa

What is the L1 Blanket Visa?

The L1 blanket visa program streamlines the process for employers who frequently transfer foreign workers to the U.S.

• It allows eligible employees to apply for their L1 visa directly at a U.S. consulate without first obtaining an I-129 petition approval.

Who Qualifies for an L1 Blanket Visa?

To qualify for L1 blanket certification, the following criteria must be met:

1. The U.S. company and all associated parent, subsidiary, or affiliate entities must be engaged in commercial trade or services.
2. The U.S. company must have operated an office in the U.S. for at least one year.
3. The organization must have at least three domestic or foreign branches, subsidiaries, or affiliates.
4. The company must meet one of the following:
   • Filed and received approval for at least 10 L1 petitions in the last year.
   • Have combined annual sales of at least $25 million.
   • Employ a workforce of at least 1,000 employees in the U.S.

10. Transitioning from an L1 Visa to a Green Card

The L1 visa is a temporary, non-immigrant status and does not directly grant permanent residency. To move to a green card, applicants must pursue either:

• Adjustment of Status (within the U.S.), or
• Consular Processing (applying for an immigrant visa abroad).

Adjustment of Status

This process involves transitioning from non-immigrant to immigrant status while staying in the U.S. All steps are completed domestically, avoiding the need for international travel.

Immigrant Visa Processing

This alternative involves applying for a green card from outside the U.S. via consular processing, often referred to as Visa or Immigrant Visa Processing.

Green Card Options for L1 Visa Holders

EB1C: Multinational Managers and Executives

The EB1C category is often the best option for L1A visa holders.

• Requirements for EB1C:
  1. Employment by a foreign company for at least one year in the three years preceding the application.
  2. A managerial or executive role at the foreign company.
  3. Intent to work for a U.S. branch, affiliate, or subsidiary of the foreign company.
  4. Employment in a managerial or executive capacity for the U.S. company, which must have operated for at least one year.

Employer-Sponsored Green Card (PERM Process)

• Employers may sponsor L1B visa holders by filing a Labor Certification to demonstrate efforts to recruit qualified U.S. workers and their inability to fill the position domestically.

EB5: Investment-Based Green Card

• To qualify, applicants must invest a minimum of $1,050,000 (or $800,000 in certain targeted areas) in a U.S. business and create at least 10 full-time jobs for U.S. workers.

Green Card Through Marriage

• Marriage to a U.S. citizen or lawful permanent resident offers a pathway to apply for a green card. The marriage must be bona fide and meet legal requirements.

11. Conclusion

The L1 visa provides an excellent opportunity for foreign professionals to transfer to U.S. offices of related companies.

• It allows extended work and residency in the U.S.
• It can potentially lead to permanent residency through classifications like EB1C.

However, obtaining an L1 visa has become increasingly complex due to stricter regulations and heightened scrutiny by USCIS.

To maximize your chances of approval, consider consulting an immigration attorney early in the process. A skilled attorney can provide guidance from preparation to submission, ensuring compliance and a strong case.

Quick Recap

This guide has covered:

• The basics and benefits of the L1 visa.
• Key requirements and necessary documents.
• Procedures for new office and existing office petitions.
• L1 extensions and blanket visas.
• Transitioning from an L1 visa to a green card.

If you have additional questions or need assistance with your L1 petition, contact me directly at abbas@espadaimmigration.com. I specialize in U.S. immigration law and am here to help.

Espada Law is a comprehensive immigration law firm dedicated to assisting professionals and businesses with U.S. visa and green card applications.

Have a question? Let’s connect!

Resources:

• Code of Federal Regulations Section 214.2(l)
• Business Immigration: Law and Practice, 2nd Ed., Chapter 11 – L1 Visas
• INA Section 214(c)(2)(B)