How the L-1 intracompany transferee visa works

Who the L-1 is for, and who it is not for

It is for an employee of an international organization transferring to a related US office: the same employer, or its parent, branch, subsidiary or affiliate. The organization that files is the petitioner; the employee is the beneficiary. Either the US or the foreign employer may file, but a foreign employer must have a legal business entity in the United States.

It does not fit someone without that year abroad. It is temporary, but the L classification has no presumption of immigrant intent, so planning a later green card is not by itself a bar.

Sources: Form I-129 instructions (edition 09/09/26), L-1 sections; 8 CFR 214.2(l); USCIS Policy Manual, Volume 2, Part L, Chapter 1

L-1A and L-1B

They differ in the US job and the maximum stay.

• L-1A, manager or executive. A manager primarily manages the organization or a part or function of it and supervises professional or managerial staff, or manages an essential function. An executive primarily directs the organization or a major part of it, sets its goals and policies and receives only general supervision. A first-line supervisor is not a manager unless the people supervised are professionals.
• L-1B, specialized knowledge: special knowledge of the organization’s product, service, research, equipment, techniques, management or other interests and its application in international markets, or an advanced level of knowledge of its processes and procedures.

Sources: 8 CFR 214.2(l); USCIS Policy Manual, Volume 2, Part L, Chapter 2

The one-year-in-three rule

The beneficiary must have worked abroad for a qualifying organization for one continuous year within the three years before the petition, in a managerial, executive or specialized knowledge role. The capacity abroad does not have to match the US job: a manager abroad can transfer in a specialized knowledge capacity, or the reverse. For an L-1A coming to open a new office, the year abroad must have been managerial or executive.

Lawful US work for the same organization and brief visits do not break the year, but do not count toward it.

Sources: 8 CFR 214.2(l); USCIS Policy Manual, Volume 2, Part L, Chapter 2; Form I-129 instructions (edition 09/09/26), L-1 sections

The qualifying relationship between the companies

The US and foreign entities must be related through ownership and control as a parent, branch, subsidiary or affiliate. A subsidiary is usually more than half owned and controlled by the parent; the rule also covers half ownership with control, 50-50 joint ventures with equal control and veto, and minority ownership with actual control. An affiliate shares the same owner or owners in about the same proportions.

Both sides must be doing business, meaning the regular, systematic and continuous provision of goods or services, in the United States and in at least one other country for the whole L-1 stay. International trade is not required, but the mere presence of an agent or office is not enough.

Sources: 8 CFR 214.2(l); USCIS Policy Manual, Volume 2, Part L, Chapter 2

New offices

A new office is a US operation that has been doing business through a parent, branch, affiliate or subsidiary for less than one year. For an L-1A, the petitioner shows secured premises, the beneficiary’s managerial or executive year abroad, and that the US operation will support a managerial or executive position within one year, backed by its planned scope, structure and finances, the size of the US investment and the foreign entity’s ability to pay. An L-1B new office petition needs the premises and the ability to pay the beneficiary and start doing business.

A new office petition lasts up to one year. To extend it, the petitioner shows a year of doing business, the beneficiary’s duties, the staffing and the US operation’s finances.

Sources: 8 CFR 214.2(l); Form I-129 instructions (edition 09/09/26), L-1 sections

Individual petitions and blanket petitions

An employer can file an individual petition for each employee on Form I-129. A larger organization can instead get a blanket petition approved, which settles the qualifying relationships in advance. It needs all of the following: commercial trade or services, a US office doing business for one year or more, three or more domestic and foreign branches, subsidiaries or affiliates, and either at least 10 L petitions granted in the past 12 months, US subsidiaries or affiliates with combined annual sales of at least $25 million, or a US workforce of at least 1,000.

Under a blanket, the employer completes Form I-129S for each transfer, and in most cases the employee presents it to a consular officer when applying for the visa. Only managers, executives and specialized knowledge professionals qualify under a blanket. A consular officer’s refusal under a blanket is final, but the employer can then file an individual petition. A blanket is valid for three years at first and can be extended indefinitely.

Sources: 8 CFR 214.2(l); USCIS Policy Manual, Volume 2, Part L, Chapter 2; USCIS Policy Manual, Volume 2, Part L, Chapter 7

How the process works

• The petitioner files Form I-129 with USCIS, no more than six months before the start date, with evidence of the relationship (such as an annual report, articles of incorporation or stock certificates), a foreign employer letter on the beneficiary’s dates and duties, and a description of the US job.
• USCIS decides the petition. It may first issue a request for evidence (RFE). A granted petition comes with a Form I-797 notice and is valid for up to three years, or one year for a new office.
• The beneficiary applies for an L-1 visa at a US consulate, unless visa-exempt; Canadian citizens can apply at certain ports of entry. A visa is permission to travel and ask for entry, not status.
• At the port of entry, US Customs and Border Protection (CBP) decides whether to admit the person in L-1 status. Admission cannot run past the petition’s validity, and the authorized stay ends on the date shown on the Form I-94 record.

Sources: USCIS Policy Manual, Volume 2, Part L, Chapter 7; Form I-129 instructions (edition 09/09/26), L-1 sections; 8 CFR 214.2(l); USCIS Policy Manual, Volume 2, Part L, Chapter 10

How long you can stay

Initial admission is up to three years, or one year for a new office. Extensions may be authorized in increments of up to two years, up to a total of seven years for L-1A and five years for L-1B. Time in H and L status counts together, including time with earlier employers. After reaching the limit, the person must live and be physically present outside the United States for a year before returning in H or L status. Someone promoted from L-1B to L-1A needs six months in the new role to reach seven years. Seasonal or intermittent work, six months or less a year, and commuting from abroad are exempt.

Sources: USCIS Policy Manual, Volume 2, Part L, Chapter 10; 8 CFR 214.2(l)

Family members on L-2

The spouse and unmarried children under 21 can apply for L-2 status, usually with the same validity dates as the L-1 employee. They are not named on the L-1 petition: they apply for L-2 visas at a consulate based on it, or, if already in the United States, on Form I-539. Since 12 November 2021, USCIS treats certain L-2 spouses as employment authorized incident to status, though a spouse can still apply for an employment authorization document on Form I-765. L-2 children cannot work but can attend school. (The older text of 8 CFR 214.2(l)(7)(ii) still says family members need employment authorization first.) L-2 status depends on the L-1 employee’s continuing qualifying employment.

Sources: USCIS Policy Manual, Volume 2, Part L, Chapter 2; 8 CFR 214.2(l)

Government fees, as of 19 October 2026

The USCIS fees below are per petition and paid by the petitioner. The State Department visa application fee is separate and paid per person at the consulate. Fees change, so check the USCIS fee schedule (Form G-1055) before filing. Lawyer fees and travel are separate.

• Form I-129 base fee for L petitions: $1,385 on paper or $1,335 online, or $695 for a small employer or nonprofit (G-1055, edition 10/16/26).
• Asylum Program Fee: $600, or $300 for a small employer and $0 for a nonprofit.
• Fraud Prevention and Detection Fee: $500, for an initial L-1 petition, a change of status to L-1, or a change of employer. There is no base fee for Form I-129S, but this fee still applies.
• Public Law 114-113 fee: $4,500 on L-1 petitions filed on or before 30 September 2027 by a petitioner with 50 or more US employees, more than half of them in H-1B, L-1A or L-1B status, except an amended petition that does not seek an extension (G-1055, edition 10/16/26). Older Policy Manual text limits it to initial petitions and changes of employer.
• Premium processing (Form I-907), optional: $2,965 for L-1, including blanket L-1 (G-1055, edition 10/16/26). USCIS’s premium processing page lists 15 business days for most classifications.
• An L-2 spouse who wants an employment authorization document files Form I-765 with its fee, if applicable.

Sources: USCIS Policy Manual, Volume 2, Part L, Chapter 7; Form I-129 instructions (edition 09/09/26), L-1 sections; Form G-1055, Fee Schedule (edition 10/16/26), Form I-907; USCIS: How Do I Request Premium Processing?; USCIS Policy Manual, Volume 2, Part L, Chapter 2

Timing

The regulation sets a 30-day target for USCIS to decide a completed L petition, restarting if more information is requested. Actual times vary; check the USCIS processing-times page. A blanket beneficiary must apply for the visa within six months of the date on Form I-129S.

Sources: USCIS Policy Manual, Volume 2, Part L, Chapter 7; 8 CFR 214.2(l)

Where L-1 cases commonly run into trouble

• Thin evidence of ownership and control: USCIS says its sufficiency depends on quality and probative value.
• An owner or major stockholder as beneficiary: the petition must show the US assignment is temporary and that the person will be transferred abroad afterwards.
• Not disclosing a previous petition for the same person, which can lead to denial.
• Changes in the job, such as moving from specialized knowledge to management, which need an amended petition.

Sources: Form I-129 instructions (edition 09/09/26), L-1 sections; 8 CFR 214.2(l)

How Visa Trouble can help

Free route discovery at Visa Trouble covers L-1 alongside other work routes. We don’t offer application preparation for L-1 yet. Visa Trouble is not a law firm and does not give legal advice.