Who Should Consider L-1? (Company and Employee Eligibility Overview)
1) Company Eligibility
To qualify, the overseas entity and the U.S. entity must generally have a qualifying corporate relationship, such as:
Parent company / headquarters
Subsidiary
Branch office
Affiliate under common ownership and control (e.g., within the same corporate group)
In addition, the overseas entity must be actively operating with real business activity and personnel, and the U.S. entity must be operational or in the process of being established with a genuine plan to conduct business in the United States.
In our evaluation, we focus on ownership structure, control relationships, financial and operational realities, and documentary consistency—not merely whether a U.S. entity has been registered on paper.
2) Employee Eligibility
The employee must generally demonstrate that:
Within the three years immediately preceding the filing, the employee worked full-time for at least one continuous year for the qualifying overseas entity; and
The employee’s overseas role and proposed U.S. role meet the requirements of either:
L-1A: primarily executive/managerial duties involving oversight of the organization or a major component/function, decision-making authority, and personnel management; or
L-1B: possession of company-specific specialized knowledge (e.g., proprietary technology, product architecture, internal processes, unique business models, or know-how) that is material to the U.S. business and not easily replaceable in the U.S. labor market.
During the assessment stage, we review the employee’s day-to-day duties, reporting structure, and team organization to determine whether an L-1A or L-1B strategy is most appropriate.
L-1A vs. L-1B — Practical Differences
L-1A: Executives / Managers
Typical profiles: senior executives, general managers, business unit leaders, regional heads, or managers with meaningful supervisory authority and operational decision-making responsibility (including personnel, budget, and strategic planning).
Key features:
Initial approval may be issued for up to three years (new office cases are typically shorter initially)
Maximum stay (with extensions) up to seven years
Frequently used as a strategic foundation for a future EB-1C multinational manager/executive immigrant petition, where appropriate
L-1B: Specialized Knowledge Professionals
Typical profiles: employees with deep, company-specific expertise in proprietary systems, technical processes, product design, internal tools, or operational methodologies; often responsible for knowledge transfer, training, technical implementation, or core operational support in the U.S. market.
Key features:
In case planning, we also evaluate whether the company and employee intend to pursue a long-term permanent residence strategy (e.g., EB-1C), and we structure the L-1 record accordingly from the outset to reduce future friction and duplication.
Our L-1 Process (Standard Workflow)
Step 1: Preliminary Evaluation (Dual Assessment: Company + Employee)
We conduct a structured intake covering:
Company: ownership and control structure, overseas operations (revenue, staffing, markets), U.S. entity status (existing vs. new office), physical premises, and operational plans;
Employee: overseas employment history, role, reporting chain, managerial scope or specialized knowledge profile, and the proposed U.S. position and responsibilities.
Deliverables:
Preliminary determination of L-1A or L-1B viability
Identification of New Office issues and associated evidence requirements
Initial feasibility analysis for longer-term pathways (e.g., EB-1C), where applicable
Step 2: Engagement and Timeline Planning
We confirm scope, legal fees, government filing fees, and anticipated third-party costs. We then build a timeline based on business launch plans, targeted start date, current visa status (if applicable), and whether Premium Processing is desirable. Where timing is critical, we work backward from key milestones and allocate reasonable buffers.
Step 3: Company Documentation (Corporate Relationship + Operations)
We provide a detailed checklist and review submissions for clarity and consistency, commonly including:
Qualifying relationship evidence (ownership charts, shareholder registers, corporate documents, registrations)
Overseas operations evidence (licenses, payroll/personnel records, organizational charts, business contracts, invoices, financial records as appropriate)
U.S. entity evidence (formation documents, lease/premises evidence, business plan, market analysis, projected hiring and financial planning—especially for new office filings)
New Office L-1 cases: USCIS typically scrutinizes business realism and operational feasibility. We assist with preparing a business plan and staffing roadmap aligned with adjudicatory expectations.
Step 4: Employee Documentation and Position Descriptions
We guide the company and employee in documenting:
English and bilingual résumé/CV as needed
Proof of overseas employment (contracts, employment verification letters, payroll records, social insurance records where applicable)
Detailed duty statements for both overseas and U.S. roles, including reporting lines, managerial level, headcount, decision authority, and functional scope
For L-1B cases: a tailored explanation of the specialized knowledge, why it is proprietary and material, and how it will be deployed in the U.S. to support growth and knowledge transfer
We translate operational realities into legally relevant position descriptions rather than relying on job titles alone.
Step 5: Support Letters and Supplemental Evidence (As Needed)
Depending on case complexity, we may recommend corporate support letters and additional corroboration, such as:
Executive support letters describing corporate strategy, U.S. expansion rationale, and why the transferee is essential;
Key customer or partner letters, where appropriate;
Other documents supporting business credibility and operational readiness.
We draft these materials and coordinate finalization for signature to maintain consistency across the record.
Step 6: Petition Letter and Form I-129 Filing Package
The core of an L-1 case is the legal narrative and documentary record. The U.S. company files the petition using Form I-129, supported by a detailed attorney petition letter addressing:
The qualifying corporate relationship and real operations
The business logic connecting overseas operations to U.S. expansion
The employee’s overseas duties and how they satisfy the statutory definitions of executive/manager or specialized knowledge
The proposed U.S. position and how it supports the U.S. entity’s operational objectives
We organize evidence in a clear exhibit structure to facilitate efficient adjudication.
Step 7: Filing, Premium Processing, and Case Monitoring
We file the complete I-129 package with USCIS and provide receipt information and case tracking guidance. Where appropriate and permitted under current USCIS rules, we file for Premium Processing. If USCIS issues an RFE, we analyze the adjudicator’s concerns (often relating to managerial duties, specialized knowledge, or business operations) and submit a targeted and timely response with supplemental evidence and legal argument.
Step 8: Post-Approval Visa/Status Planning
If the employee is abroad: we coordinate consular processing preparation, including interview documentation and role/company summaries consistent with the approved petition.
If the employee is in the U.S.: the approval may support a change of status, and we advise on compliance and extension strategy.
Long-term planning: for qualifying L-1A cases, we can plan a pathway toward EB-1C where the business and role meet immigrant petition standards.
Division of Responsibilities (Company + Employee vs. Our Firm)
Company and Employee Responsibilities
Provide accurate ownership/control information and corporate records
Submit operational documentation (staffing, business activity, contracts, etc.)
Provide employee résumé and employment records
Review drafts promptly and confirm factual accuracy
Our Firm’s Responsibilities
Conduct a dual-track legal feasibility assessment (company + employee)
Provide detailed evidence checklists and review all submissions
Draft support letters, position descriptions, business plans (as needed), and the petition letter
Prepare and file Form I-129 and manage USCIS communications
Respond to RFEs, if issued
Prepare clients for consular processing or post-approval status compliance
Design L-1 strategy with long-term immigration planning in mind, when appropriate
Illustrative Timeline (Subject to Case Facts and USCIS Processing)
Timelines vary based on document readiness and complexity. As a general estimate:
For New Office cases, we typically recommend earlier planning to avoid delays related to premises, staffing plans, and business documentation.
Frequently Asked Questions (FAQ)
1) Must a U.S. company already exist before filing an L-1?
A U.S. entity is generally required. New Office filings may be viable shortly after formation, but they require stronger business planning and evidence of operational readiness.
2) How is L-1 different from H-1B?
L-1 is designed for intracompany transfers and requires a qualifying corporate relationship and overseas employment history; H-1B is role-based and subject to numerical limits (including the lottery). For multinational companies transferring executives, managers, or key personnel, L-1 is often the more direct fit.
3) Does L-1A automatically lead to a green card?
No. L-1A does not automatically convert to permanent residence, but it is commonly used as a foundation for a future EB-1C strategy where the company and role satisfy immigrant standards.
4) Can L-1 holders bring family members?
Yes. A spouse and unmarried children under 21 may apply for L-2 status. Under current policy, L-2 spouses may be eligible for employment authorization, subject to the rules in effect at the relevant time.
5) What if an L-1 petition is denied?
Depending on the denial basis, options may include refiling with stronger evidence, restructuring the corporate relationship or role, or evaluating alternative visa categories. We identify and address potential weaknesses during the initial assessment to avoid avoidable denials.
This page is provided for general informational purposes only and does not constitute legal advice for any individual case. Immigration policies, adjudication standards, forms, fees, and processing times may change. For a case-specific eligibility assessment and a customized L-1 strategy (including potential long-term permanent residence planning), please schedule a consultation with our office.
