Skip to main content

Frequently Asked Questions for L1 Petitions

By December 23, 2022Immigration, L-1 Visa
FAQ page on a laptop

Q: What are the differences between an L1A and L1B visa?

The L1A visa is used by managers and executives, and the L1B visa is used for “professionals with specialized knowledge.”  Managers supervise the work of others or oversee a function of a department in the company, and executives direct the management of the company at the most senior level. Professionals with specialized knowledge are employees with particular skills or knowledge about the foreign company’s key operations that are difficult to replace.

L1A and L1B visa holders have different maximum periods of stay. L1A holders can stay in the United States for as long as 7 years. L1B holders can only stay for up to 5 years.  Before the end of the 5-year period, provided they meet the qualifications, it is possible for L1B holders to convert to an L1A status if approved, they will be allowed to stay in the United States for 2 more years.

Q: Can the L-1 visa category be used by non-profit organizations?

Yes – the relevant issue is whether the organization is “doing business as an employer,” which is defined as the “regular, systematic, and continuous provision of goods and/or services.” 8 CFR 214.2(l)(1)(ii)(L)(3).

Q: What are the financial requirements for a “new office” L1?

Although there is no specific minimum revenue or hiring numbers stated in the regulations, every “new office” L1 petition will need to show sufficient investment and financial ability of the foreign business to support the position. After the petition is approved, if the business has not grown within 1 year to a degree to support the employee or executive and preferably a number of additional employees, it may be difficult to further extend the L1 status.

Q: Can an employee, manager, or executive applicant of the L1 visa have ownership in the U.S. entity that will be employing them?

Yes, it is possible for the beneficiary of the L1 visa have ownership of the U.S. company where they will be working, as long as the foreign entity and the US company are related to each other by a parent-subsidiary, branch, or affiliate relationship. Affiliate companies are those that are controlled by the same parent, individual, or group of individuals at approximately the same share or proportion.

Q: Can a L1A or L1B visa holder work out of a home office?

It is risky to apply for an L1 visa proposing to work out of a home office. The regulations explicitly provide that the petition should submit evidence that “sufficient physical premises to house the new office” have been secured. It is common to submit a lease agreement and floor plan showing the square footage of the office that reasonably provides enough space according to the projected number of employees that the U.S. company will hire.

Q: How fast can I obtain an L1A or L1B visa?

For most country nationals, the L1A or L1B application is filed first to USCIS, after which the beneficiary can apply for a visa. Premium processing is available for USCIS L-1 petitions which provides a decision or RFE in 15 days. Canadian nationals have the option to apply an L visa at the U.S.-Canada border at certain port of entries (POE), where the applicant receives the decision on the same day.

FREE L-1 Visa Resources

Click on the buttons below in order to claim your free L-1 Visa Guide, sign up for our free L-1 Visa Webinar, or watch our L-1 Visa videos.

Download Our L-1 Visa Guide
Sign Up For Our L-1 Visa Webinar
Watch Our L-1 Visa Videos

Set up L-1 Visa Consultation

For a dedicated one-on-one L-1 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

FREE WEBINARS
GET YOUR FREE
We are happy to offer our L-1 visa guide that describes the L-1 visa requirements, and other advise to assist with your L-1 visa application.
L-1 VISA GUIDE
For more info visit our L-1 visa service Page or schedule a consultation so we can handle your L-1 visa process.