Multinational Company Transferee (L-1)

To qualify for an L-1 visa, the applicant must meet the following key criteria:

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1. Qualifying Employees (Beneficiaries)

To qualify for an L-1 visa, the employee (beneficiary) must meet the following requirements:

 

A. Employment with a Qualifying Organization

• The employee must have worked for a foreign company that has a qualifying relationship (parent, subsidiary, affiliate, or branch) with the U.S. petitioning employer.

• The employee must have been continuously employed for at least one year within the past three years before filing the L-1 petition.

• This work must have been conducted outside the U.S. in a managerial, executive, or specialized knowledge capacity.

 

B. Employment Capacity

An employee qualifies for an L-1 visa under one of the following roles:

1) L-1A: Executives and Managers

• Executive Capacity: The employee makes high-level decisions within the company without direct oversight.

• Managerial Capacity: The employee manages a department, function, or team, has control over resources, and supervises professional employees.

2) L-1B: Specialized Knowledge Employees

• The employee must possess unique expertise about the company’s products, services, techniques, or procedures that is not easily available in the U.S. labor market.

• This knowledge should be essential to the company’s competitiveness, productivity, or operations.

 

C. Nature of the Transfer

• The L-1 visa applicant must be transferring to the same employer or a qualifying related entity in the U.S.

• The role in the U.S. must be in the same or similar capacity as the previous role abroad (executive, managerial, or specialized knowledge).

 

2. Qualifying Employers (Petitioners)

The U.S. employer filing the L-1 petition must meet the following conditions:

 

A. Qualifying Business Relationship

The U.S. entity and the foreign company must have a legitimate qualifying relationship, which includes:

• Parent-Subsidiary Relationship: The U.S. company is at least 50% owned and controlled by the foreign entity, or vice versa.

• Branch Office: The U.S. company is an extension of the foreign entity.

• Affiliate Relationship: The U.S. and foreign companies are owned by the same parent company or individual(s).

• Joint Venture Ownership: At least 50% ownership with shared management and control over operations.

 

B. Active Business Operations

• The U.S. company must be actively doing business (not just an office address or agent).

• The foreign entity must remain operational while the employee is transferred.

 

C. New U.S. Office Requirements

If the U.S. company is a new office (less than one year old), additional requirements apply:

• The company must secure physical office space for operations.

• A business plan is needed to demonstrate growth potential and the ability to sustain an executive/managerial role.

• The initial L-1 visa approval is limited to one year to assess the company’s progress.

 

3. Blanket L-1 Petitions (for Large Companies)

• Some multinational companies may apply for an L-1 Blanket Petition, which pre-qualifies them to transfer multiple employees more efficiently.

• To be eligible, the company must:

  • Have three or more offices in the U.S. and other countries.

  • Have combined annual revenues of at least $25 million or employ 1,000+ employees in the U.S.

  • Have filed at least 10 L-1 approvals in the past year.

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