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BUSINESS IMMIGRATION

L-1A and L-1B intracompany transfers

Plan the qualifying company relationship, foreign employment, U.S. role, new-office requirements and supporting record as one consistent petition strategy.

L-1A and L-1B intracompany transfers

A practical guide to the company relationship, foreign employment, U.S. role, new-office requirements and evidence that shape an L-1 petition.

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Build one consistent company, role and evidence record

1. Start with the organization and foreign employment

1. Start with the organization and foreign employment

1. Start with the organization and foreign employment

Qualifying organization

The petitioner must show a qualifying parent, branch, affiliate or subsidiary relationship and the ownership and control behind it. The organization generally must be doing business in the United States and at least one other country throughout the approved stay. Common branding or commercial cooperation alone does not establish the required relationship.

Foreign employment

The employee generally must have worked abroad for a qualifying organization for one continuous year within the relevant three-year period. Confirm the exact entities, dates, payroll source, interruptions and time spent in the United States. Support the history with employment letters, payroll and tax records, organizational charts, evaluations and contemporaneous business records. Travel and prior U.S. employment can affect the calculation.

2. Match the evidence to L-1A or L-1B

1. Start with the organization and foreign employment

1. Start with the organization and foreign employment

L-1A: Executive or manager

The proposed U.S. work must be primarily executive or managerial. Explain duty percentages, decision authority, staffing or essential-function management, budgets, goals, reporting lines and who performs operational work. A small company is not automatically disqualified, but the record must support a role that primarily directs or manages rather than mainly produces the company’s goods or services.

L-1B: Specialized knowledge

Describe the employee’s special knowledge of the organization’s products, services, research, equipment, techniques, management or other interests, or advanced expertise in its processes and procedures. Show how the knowledge was gained, how it differs from knowledge normally found in the industry or organization, why it matters to the assignment and which records prove it. Seniority, salary and adjectives do not substitute for specific evidence.

3. Plan new offices, filing and the review file

1. Start with the organization and foreign employment

3. Plan new offices, filing and the review file

New office

A new-office petition needs evidence of suitable premises and a credible operating plan. An L-1A new office must be positioned to support a qualifying executive or managerial role within one year. Staffing, capital, market activity, contracts, projections and the foreign organization’s support should tell one consistent story.

Filing and changes

The U.S. petitioner generally files Form I-129 with the L Classification Supplement. A blanket L approval is a separate framework. Consular processing, change or extension of status, role or worksite changes, travel and L-2 family issues require case-specific review. Material changes can require an amended petition.

Review file

  • Ownership and control documents for every entity in the chain
  • Evidence of active U.S. and foreign business operations
  • Exact foreign-employment dates and payroll records
  • Detailed foreign and U.S. duties and organizational charts
  • New-office premises, funding, staffing and operating plan, when applicable
  • Prior immigration filings, travel history and proposed start date

Primary authorities

Authorities include INA §§ 101(a)(15)(L) and 214(c)(2), 8 C.F.R. § 214.2(l), USCIS Policy Manual Volume 2, Part L, and current Form I-129 instructions. Forms, fees, filing locations and agency procedures can change. General information only.

Compare the H-1B guide and O-1 evidence guide for different employment-immigration questions.

This page provides academic legal information for information and education. It is not legal advice.