What the category requires
- A qualifying relationship — the foreign company and the United States company must be a parent, branch, subsidiary or affiliate of one another, and both must be doing business — regularly and continuously providing goods or services — for the whole period.
- One year abroad — the person being transferred must have worked for the foreign company for at least one continuous year within the three years before the petition, in a managerial, executive or specialised-knowledge role.
- A managerial or executive role here — the United States position must be managerial or executive by function — directing an organisation, a department or a key function, with real authority — not only by title.
Opening a new office in the United States
L-1A is one of the few routes for a business owner abroad to open a United States operation and move here to run it. A new-office petition must show that premises have already been secured, and that within one year the United States company will be large enough to support a genuinely managerial or executive role.
New-office approvals are granted for one year rather than three. At the extension, USCIS looks at what actually happened: whether the company is trading, hiring and able to support the position. The first year's plan is written with that extension in mind.
Where the person being transferred owns the company, USCIS also asks for evidence that the assignment in the United States is for a temporary period. It is a technical requirement that has to be addressed directly in the petition.
Duration, family and dual intent
An L-1A is usually approved for an initial period of up to three years (one year for a new office), with extensions in two-year increments up to a total of seven years.
Unlike most temporary visas, the L-1 allows dual intent: you may pursue a green card while in L-1 status without jeopardising it. Your spouse is authorised to work incident to their status, and unmarried children under 21 can accompany you and study.
From L-1A to a green card
The L-1A tracks the EB-1C multinational manager or executive category closely, and EB-1C requires no labor certification. A well-run L-1A builds much of the record the EB-1C petition will need — though the United States company must have been doing business for at least a year before the EB-1C is filed, and an approved L-1A does not guarantee the EB-1C.
Questions we are asked about this
Does my company need to be large?
No. Small and family-owned companies use L-1A regularly. The smaller the company, the more carefully the petition has to show that the role is managerial or executive rather than hands-on work, and that the business can support it.
What is the difference between L-1A and E-2?
E-2 depends on your nationality and on a personal investment; L-1A depends on an existing company abroad and your year of work for it. L-1A allows you to pursue a green card while in status; E-2 does not. E-2 can be renewed indefinitely; L-1A stops at seven years.
What is a blanket L?
Large multinational employers can obtain a blanket L approval, which lets their employees apply directly at a consulate rather than waiting on an individual USCIS petition. Most smaller companies file individual petitions.