L-1 requirements: one year, your company, your role in America

Whether the L-1 works for you is not decided at the consulate. It is decided long before: by your company at home, its connection to the US entity, one year of your career and the role you are meant to take on over there. Meet all four and the L-1 is the faster, simpler route to the USA, with dual intent on top. Miss one and even the best application will not save it.

This guide walks through the requirements the way USCIS examines them, with the regulations behind them and the documents you use to prove them. For the full picture of the visa, from L-1A and L-1B to your family, see the L-1 guide. If you are only just building a US office, you will find the extra conditions under L-1 for a new US office.

1The four tests at a glance

The L-1 is a visa for transfers within a company. The statute, INA 101(a)(15)(L), describes a person who, within the three years before the application, worked continuously for one year for a company and is coming to the USA temporarily to work for the same company, or a subsidiary or affiliate, as a manager, as an executive or with specialized knowledge. The application is filed not by the employee but by the company that will employ them. It submits a petition to USCIS on Form I-129, for exactly one person.

The statute and regulations give four tests: two for the company and two for you. The company must show a qualifying relationship between the foreign company and the US entity, and both must actually be doing business. You must meet the one-year requirement abroad, and your role there and in the USA must be managerial or require specialized knowledge. All four must be documented on the day the petition is filed; under the USCIS Policy Manual, a petition cannot rest on eligibility that only arises later.

2The relationship: which company can send you

The L-1 requires a legally defined relationship between two entities. The regulations recognize four forms: parent, subsidiary, branch and affiliate. Under 8 CFR 214.2(l)(1)(ii)(G), a qualifying organization must meet exactly one of these relationships. For European business owners, two setups are typical: the company at home sets up a subsidiary in the USA, or the same person owns both the company at home and the US company, which makes them affiliates.

What matters is ownership and control. Under the Policy Manual, ownership means the right to possess the company with full authority; control means the right to direct its management and operations. The Policy Manual also spells out what does not qualify: relationships based only on distribution, license or franchise agreements, joint ventures below 50/50, and memberships in associations. If you work with a US distributor you hold no stake in, you have no relationship for L-1 purposes.

2.1How to prove the relationship

A stock certificate alone is usually not enough for USCIS. The Policy Manual lists the stock ledger, the bylaws, minutes and shareholder resolutions, and agreements on voting rights, profit distribution and management. USCIS can also ask for proof of how the shares were acquired, such as capital transfers or purchase agreements. The matching documents for the company at home belong in the file too, for a Swiss AG for example the share register. If ownership or control changes after approval, an amended petition is required.

3Both companies must genuinely do business

The relationship alone does not carry the visa. Under 8 CFR 214.2(l)(1)(ii)(G), the organization must be doing business as an employer in the USA and in at least one other country for the whole of your stay. International trade between the two is not required. Under 8 CFR 214.2(l)(1)(ii)(H), doing business means the regular, systematic and continuous provision of goods or services. An agent or an office with no activity does not qualify.

This has two consequences for the company at home. First, it has to stay active as long as you are in the USA. Under the Policy Manual, a dormant company, a mere agent or a pure holding company abroad is not enough. Second, the L-1 is not a tool for moving everything: according to the State Department's Foreign Affairs Manual, it was not designed for self-employed people to carry on their self-employment in the USA, nor for relocating a foreign business entirely.

The statute and regulations set no minimum size. The Policy Manual does, however, require the company to do enough business to need someone working mainly as a manager, an executive or with specialized knowledge. So the position is always assessed against the scale of the business and its staffing. This is the heart of it: the L-1 is open to people whose company is big enough to send someone.

4The one year: continuous, full-time, abroad

Within the three years before the petition, you must have worked one continuous year full-time for the company abroad or one of its related companies, as a manager, an executive or with specialized knowledge. Under the Policy Manual, this is measured from the day your first L-1 petition is filed, not the day you enter the country. For later extensions, including a switch between L-1A and L-1B, that first petition remains the reference point.

4.1What counts

Only time you physically worked full-time outside the USA counts. Time in the USA does not, even if the foreign company kept paying you during it. Under the Foreign Affairs Manual, part-time work spread over several years that adds up to one year does not meet the requirement. Full-time work split across several related companies does count, as long as the hours together add up to a full-time job.

4.2Trips and time in the USA

Short business trips or vacations in the USA do not interrupt the year, but they do not count toward it either. The Policy Manual works through an example: if you start on January 1 and spend 60 days in the USA over the year, you need another 60 days abroad after the anniversary. If you have already worked in the USA for the related company, for instance on an H-1B or as an E-2 employee, that time does not count toward the year, but it pushes the three-year window back. Time as an L-2 spouse or as a student does not move the window. If the three years before the petition include a break of more than two years, the requirement cannot be met; the only fix is a new year abroad.

For founders, this means the year starts on the day you begin in a qualifying role at your company. If you set up a company at home only so you can transfer yourself later, you need to spend that year in a managerial role at a company that is genuinely doing business.

5Executive, manager or specialist

USCIS looks at the role twice: for the year abroad and for the job in the US. Both must be managerial or executive or require specialized knowledge, but they don't have to be in the same category. Under the Policy Manual, a manager abroad can take a specialized knowledge position in the US and vice versa. And under 8 CFR 214.2(l)(3)(iv), the work in the US doesn't have to be the same as the work at home.

5.1Manager and executive (L-1A)

A manager under INA 101(a)(44)(A) primarily manages the organization or a department, function or component; supervises the work of other supervisory, professional or managerial employees, or manages an essential function; has authority over personnel who report directly to them; and makes the day-to-day decisions for their area. Someone who only supervises non-professional staff is not a manager under the law, unless those employees are themselves professionals. An executive under INA 101(a)(44)(B) directs the management of the organization or a major component, sets goals and policies, exercises wide discretion in decision-making and receives only general supervision from the board, senior executives or shareholders; all four criteria must be met.

There is also the function manager, who doesn't supervise staff but manages a clearly defined function that is essential to the company, rather than performing it themselves. The same rule applies to everyone: primarily means primarily. Under the Foreign Affairs Manual, someone who mainly produces products or provides services themselves is not primarily managerial, whatever title is on their business card. USCIS may take headcount into account, but under INA 101(a)(44)(C) it must consider the reasonable needs of the company in light of its purpose and stage of development. The L-1 guide compares the L-1A and L-1B, including length of stay and family.

5.2Specialized knowledge (L-1B)

Under INA 214(c)(2)(B), specialized knowledge is special knowledge of the company's products, services, research, equipment, techniques or management and their application in international markets, or an advanced level of knowledge of its processes and procedures. The Policy Manual interprets the terms: special means unusual compared with what is common in the industry; advanced means significantly more developed than what is generally found within the company. Knowledge that is widespread, simple or easily transferred does not count as specialized knowledge. If you mainly work at a client's site, under INA 214(c)(2)(F) the L-1B must not be disguised labor contracting: you stay under your employer's control and provide a service that needs precisely its specialized knowledge.

6When you own the company

The L-1 isn't just a visa for big corporations. Owner-managers who run their own company can transfer themselves too. Under the Foreign Affairs Manual, even a small or mid-sized business can support a managerial position; neither a title nor ownership alone makes someone a manager. Even a company's sole employee can qualify as a manager or executive if their main job is to plan, organize and direct the essential functions through others.

As an owner, you do have one extra obligation. If the beneficiary is an owner or majority shareholder, the petition must show under 8 CFR 214.2(l)(3)(vii) that the US assignment is temporary and that they will then move to a role abroad. This applies equally to the owner-manager of a private limited company in Europe and to the majority shareholder of an AG in Switzerland. It's compatible with a green card: under 8 CFR 214.2(l)(16), as an L-1 holder you may pursue permanent residence at the same time, as long as you are willing to leave voluntarily when your authorized stay ends.

7An office that is just getting started

The L-1 doesn't require an existing office in the US. If the US entity has been doing business for less than a year, the new office rules apply. For an L-1A, three things must then be shown: secured premises, one year abroad as a manager or executive with authority over the new operation, and a plan showing the operation will support a managerial or executive position within one year. The first approval is valid for a maximum of one year. The guide L-1 for a new US office explains the details and what you need for the extension.

8What the L-1 doesn't require

Some of the hurdles people expect with the L-1 aren't in the law at all.

• No specific nationality. Unlike the E visas, which depend on a trade or investment treaty with your home country, INA 101(a)(15)(L) is tied to the employment relationship. Every nationality is on equal footing.
• No foreign residence you have to keep. Under the Foreign Affairs Manual, L applicants are not subject to the presumption of immigrant intent under INA 214(b), and INA 214(h) makes clear that a green card application doesn't conflict with L status.
• No specific degree. Under 8 CFR 214.2(l)(3)(iv), what's required is that your education, training and work experience qualify you for the job in the US. Only under the blanket procedure must a specialist also be a member of a profession.
• No identical job. The role in the US can differ from the one at home, as long as it is managerial or executive or requires specialized knowledge.

Spouses and unmarried children under 21 can come along on the L-2, and the spouse may work in that status. The L-1 guide explains what this means for your family. For how the L-1 compares with the E-2 overall, see L-1 vs. E-2: the key differences.

9The documents that prove each requirement

The burden of proof lies with the company filing the petition. The Policy Manual is more realistic than many people think: the regulations don't require extensive evidence of the business relationship, and in straightforward cases the information on the form plus an explanation from an authorized signatory can be enough. In doubtful cases, USCIS asks for more. File a complete petition from the start and you give USCIS less reason to come back with questions.

• Relationship: formation documents for both companies, shareholder register, company register extract or stock ledger, minutes and resolutions, proof that capital was paid in.
• Doing business: annual financial statements with balance sheet and profit and loss statement, tax returns, annual reports, and a letter describing the nature and scope of the business. Under the Policy Manual, tax returns from Western Europe are generally considered credible.
• Year abroad: employment contract or appointment as managing director, payslips, an employer letter with dates, hours and duties, and dates of travel to the US.
• Role: a detailed description of duties abroad and in the US with the share of working time for each, organization charts for both sides and, for small companies, job descriptions and payroll records for all employees. For specialized knowledge: training, projects, patents and an explanation of why this knowledge is rare within the company.

USCIS reads the job description especially closely. The Policy Manual says explicitly that general responsibilities or broadly worded business goals are not enough; only the day-to-day duties show what the job really is. For what the petition costs, see L-1 costs and fees; Applying for the L-1 walks you through the process from form to interview; and L-1 denied or RFE covers the typical requests for evidence.

10When a requirement is missing

If you don't have the year yet, you can build it: start now in a managerial role at a company that is actually doing business, and you meet the requirement after twelve months, measured on the day of filing. If the relationship is missing, it can be created, for example by setting up a subsidiary majority-owned by your company at home, such as a Corporation (Inc). If you don't have a company at home big enough to transfer someone, the E-2 investor visa is the route most of our clients in that situation take to the US.

There's also a limit for anyone who has already had the L-1. If you've spent five years in the US with specialized knowledge or seven years as a manager or executive in L or H status, under 8 CFR 214.2(l)(12) you can only get a new L or H visa after living outside the US for one year. Short visits don't break that year, but they don't count toward it either. Exceptions apply to work that is seasonal or intermittent or lasts no more than six months a year in total, and to commuters who live abroad and work part-time in the US; the exception must be shown by clear and convincing evidence.

Whether you meet all four tests comes down to documents and dates, not hope. Only the US authorities decide on the visa; what we can do is review your situation thoroughly beforehand and build the petition so that every requirement is proven.

In short

• The L-1 requires a qualifying relationship between the company abroad and the US entity: parent and subsidiary, branch, or affiliates. Contracts, licenses and franchises are not enough.
• Both sides must genuinely do business for your entire stay; a dormant company or a pure holding company at home won't do.
• You need one continuous year of full-time work for the affiliated company outside the US within the three years before your first petition.
• The role abroad and in the US is managerial or executive or requires specialized knowledge; what counts is the actual duties, not the title.
• As an owner, you also show that your US assignment is temporary. You can still pursue a green card at the same time.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
• Form a CorporationThe US corporation (Inc) for growth, investors and your visa.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.