L-1 company transfers

Qualifying business relationship and employment

L-1 is designed for certain employees transferring to a qualifying related U.S. business. The overseas employment, corporate relationship and proposed U.S. duties must support the classification. L-1A concerns qualifying executive or managerial work; L-1B concerns specialized knowledge.

The qualifying overseas employment generally requires a continuous year within the relevant preceding period. Ownership percentages alone should not replace an assessment of the actual relationship and control between the businesses.

Evidence of the U.S. business operation

For an established business, the evidence should explain the work, organizational structure and need for the transfer. A new U.S. office raises additional questions about the operation and its ability to support the proposed role. A registered entity alone is not a complete immigration case.

Duration of stay, dependants and permanent residence

L-1A and L-1B have different maximum stay rules. Qualifying L-2 spouses may have employment authorization based on their status, with appropriate evidence; dependent children are treated differently. Permanent residence is a separate assessment and is not automatic after an L-1 approval.

Our firm can review the corporate and individual records, assess the proposed duties and advise on the procedures relevant to the transfer. The application should accurately describe the business structure rather than rely on a generic template.

General information only; it does not replace advice about an individual case.