What L-1A is
L-1A lets a company transfer an executive or manager from one of its related offices abroad to an office in the United States. It also lets a foreign company that does not yet have a U.S. office send an executive or manager to open one.[2,9]
The employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS); either the U.S. or the foreign employer may file. After approval, a transferee who is abroad applies for the L-1 visa at a U.S. consulate.[1,2,10,11]
L-1 applicants are not subject to the presumption of immigrant intent in section 214(b) of the Immigration and Nationality Act (INA), and seeking permanent residence does not by itself bar L-1 status.[3,10]
The managerial and executive definitions are the same statutory definitions used for EB-1C, the green card category for multinational executives and managers.[3,9,12]
Typical situations
- High confidence A manager at a company in Taiwan moving to its U.S. parent, branch, subsidiary or affiliate.[3]
- An executive or manager sent to open a new U.S. office for a company abroad.[2]
- An owner who manages the company abroad: this can qualify if the U.S. assignment is temporary and a return to an assignment abroad is planned, though a ceremonial title alone does not count.[3,13]
Requirements
The employer must show all of these
- Qualifying relationship: the U.S. and foreign employers are the same company or related as parent, branch, subsidiary or affiliate.[2,3]
- Doing business: the organization regularly, systematically and continuously provides goods or services in the U.S. and in at least one other country for the whole L-1 stay. International trade between them is not required.[2,3]
- One year abroad: at least one continuous year of full-time employment abroad with a qualifying organization within the 3 years before the petition is filed.[3]
- Qualifying role abroad: that year was in a managerial, executive or specialized-knowledge position.[3,7]
- Qualifying role in the U.S.: the U.S. job is primarily managerial or executive. It does not have to be the same job you held abroad.[3,13]
Time in the U.S. in lawful status for the same employer, and brief business or pleasure trips, do not break the one year abroad, but they do not count toward it either.[3]
Qualifying relationship
How the regulation defines the relationships
- Parent: a company or other legal entity that has subsidiaries.[3]
- Branch: an operating division or office of the same organization in a different location.[3]
- Subsidiary: the parent owns more than half and controls it; owns half and controls it; owns 50% of a 50-50 joint venture with equal control and veto power; or owns less than half but in fact controls it.[3]
- Affiliate: one of two subsidiaries owned and controlled by the same parent or individual, or one of two entities owned and controlled by the same group of individuals in roughly the same proportions.[3]
Typical evidence includes annual reports, articles of incorporation, financial statements or stock certificates. Whether it is enough depends on its quality and probative value.[1]
The mere presence of an agent or an office does not count as doing business.[2,3]
Manager or executive?
Managerial capacity
- Manages the organization, or a department, subdivision, function or component of it.[3,9]
- Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function.[3,9]
- Has authority to hire and fire, or recommend those and other personnel actions, for staff directly supervised; if no one is directly supervised, works at a senior level in the hierarchy or for the function managed.[3,9]
- Exercises discretion over day-to-day operations of the activity or function.[3,9]
Executive capacity
- Directs the management of the organization or a major component or function.[3,9]
- Establishes the goals and policies of the organization, component or function.[3,9]
- Exercises wide latitude in discretionary decision-making.[3,9]
- Receives only general supervision or direction from higher-level executives, the board of directors or stockholders.[3,9]
A first-line supervisor is not a manager merely because of supervisory duties, unless the employees supervised are professionals.[3,9]
A function manager manages an essential function of the organization at a high level, without necessarily supervising other employees directly.[2,13]
High confidence USCIS looks at primary duties. People who primarily perform the tasks needed to produce the product or provide the service are not managers or executives, even with a manager title.[13]
If staffing levels are considered, USCIS must weigh the reasonable needs of the organization in light of its purpose and stage of development. The number of employees supervised is not decisive by itself.[9,13]
Opening a new U.S. office
A new office is a U.S. organization that has been doing business through a parent, branch, affiliate or subsidiary for less than one year.[3]
The first petition must show
- Sufficient physical premises to house the new office have been secured.[1,3]
- You were employed as a manager or executive for one continuous year in the 3 years before filing, and you will have managerial or executive authority over the new operation.[1,3]
- Within one year of approval, the U.S. operation will support a managerial or executive position — backed by information on the office's scope, organizational structure and financial goals; the size of the U.S. investment and the foreign company's ability to pay you and start doing business; and the foreign company's organizational structure.[1,2,3]
A new-office petition may be approved for up to one year.[3,14]
To extend after the first year, include
- Evidence that the U.S. and foreign entities are still qualifying organizations.[3]
- Evidence that the U.S. entity has been doing business for the previous year.[3]
- A statement of your duties over the past year and under the extension.[3]
- A statement of the new operation's staffing, including the number of employees and types of positions, with evidence of wages paid.[3]
- Evidence of the U.S. operation's financial status.[3]
Blanket L petitions
Larger companies can get advance approval of their qualifying relationships through a blanket petition. The petitioner and each entity must be engaged in commercial trade or services, the U.S. office must have been doing business for at least one year, and the group must have three or more domestic and foreign branches, subsidiaries or affiliates.[2,3]
The group must also meet one of these: at least 10 L approvals in the previous 12 months, U.S. subsidiaries or affiliates with combined annual sales of at least $25 million, or a U.S. workforce of at least 1,000 employees.[2,3]
Under an approved blanket petition, the employer gives the employee Form I-129S and a copy of the approval notice, and the employee applies for the L-1 visa at a consulate within six months of the date on the I-129S.[2,3]
Consular officers may grant blanket L classification only in clearly approvable cases. If refused, the employer can file an individual petition with USCIS.[3,10]
At the consulate, a first blanket L-1 application under a new I-129S carries the $500 Fraud Prevention and Detection Fee, plus the $4,500 fee if the employer has 50 or more U.S. employees and more than half are in H-1B or L status.[10,15]
Evidence to prepare
- Qualifying relationship: annual reports, articles of incorporation, financial statements, stock certificates.[1]
- Your year abroad: a letter from the foreign employer with your dates of employment, duties and qualifications, plus supporting documents.[1]
- The U.S. job: a detailed description of duties showing managerial or executive capacity.[1,3]
- High confidence Organizational charts and descriptions of who handles day-to-day work, since USCIS weighs structure, staffing and the work of other employees.[13]
- New office: proof of premises, information on the office's scope and financial goals, the U.S. investment, and the foreign company's financial ability.[1,3]
- If you own the company: evidence that the U.S. assignment is temporary and that you will be transferred abroad afterwards.[3]
Fees
| Item | Amount | Notes |
|---|---|---|
| Form I-129 (L) | $1,385 paper / $1,335 online | Standard petitioner |
| Form I-129 (L), small employer or nonprofit | $695 | 25 or fewer full-time-equivalent U.S. employees, or a qualifying nonprofit |
| Asylum Program Fee | $600 / $300 / $0 | Regular / small employer / nonprofit |
| Fraud Prevention and Detection Fee | $500 | Initial L grant or change of employer; not for switching between L-1A and L-1B |
| 9-11 Response and Biometric Entry-Exit Fee (Public Law 114-113) | $4,500 | Employers with 50+ U.S. employees and more than 50% in H-1B or L status; since Sept. 9, 2026 also on extensions; petitions filed through Sept. 30, 2027; not for amendments without an extension |
| Form I-907 premium processing | $2,965 | Optional |
| Form I-539 for L-2 family | $470 paper / $420 online | Dependents changing or extending status in the U.S. |
| L visa application fee (consulate) | $205 | Per applicant; a reciprocity fee may be added |
A final rule effective September 9, 2026 requires covered employers to pay the 9-11 Biometric Fee on extension petitions too, including extensions with the same employer; before, it applied only where the fraud fee applied.[17,18]
A filing with an incorrect fee is rejected, so check the current USCIS fee schedule (Form G-1055) before paying. Form I-129 for L-1A can be filed online through PDF upload.[15,20]
Processing time
USCIS published processing time
OfficialMedian from USCIS's quarterly report
- I-129 · FY2026 Q3 · all offices9.5 months
All I-129 categories combined; the report does not split I-129 by category.
Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.
For the current figure for your form and office, check USCIS directly: USCIS processing times
Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026
Spouse and children (L-2)
Your spouse and unmarried children under 21 can hold L-2 status, generally with the same period of stay as you.[2,7]
USCIS has treated L-2 spouses as employment authorized incident to status since November 12, 2021. An unexpired I-94 showing L-2S (issued since January 30, 2022) is acceptable proof for Form I-9; an Employment Authorization Document (EAD) is optional.[2,7,21]
L-2 children may attend school but may not work.[7]
L-2 status depends on the L-1's qualifying employment. When that employment ends or no longer qualifies, the L status is no longer valid.[7]
Family members in the U.S. change or extend status together on Form I-539 with fee.[2]
How long you can stay
The first approval is for up to 3 years, or up to 1 year for a new office. Extensions are granted in steps of up to 2 years.[2,3]
Managers and executives can stay a total of 7 years. Time in H and L status is added together, including time with previous employers.[3,4]
After reaching the limit, a new H or L petition can be approved only after you have lived and been physically present outside the U.S. for the immediate prior year. Brief visits do not break that year but do not count toward it.[3]
The limit does not apply if you do not live in the U.S. continually and your U.S. work is seasonal, intermittent or totals 6 months or less a year, or if you live abroad and regularly commute to part-time U.S. work. You must prove the exception with clear and convincing evidence.[3,4]
If you entered as L-1B (5-year limit) and were promoted, you need at least 6 months in the managerial or executive role, approved by USCIS, to qualify for the 7-year total.[3,4]
If your I-94 expires while a timely filed extension is pending, you may keep working for the same employer for up to 240 days.[22]
If your employment ends, current rules give up to 60 consecutive days, or until your I-94 ends if sooner, once per validity period. The Department of Homeland Security (DHS) proposed removing this grace period on September 11, 2026 (comments due November 10, 2026); the current rule applies until a final rule takes effect.[23,24]
From L-1A to a green card (EB-1C)
L-1A managers and executives may qualify for EB-1C, the first-preference green card category for multinational executives and managers. The U.S. employer files Form I-140.[12,25]
EB-1C uses the same managerial and executive definitions. The U.S. employer must have been doing business for at least one year, and the petition must show one year of qualifying employment abroad within the 3 years before filing — or, if you are already in the U.S. working for the same employer, within the 3 years before you entered as a nonimmigrant.[12]
Because L-1 allows immigrant intent, filing for a green card does not by itself make you ineligible to keep or extend L-1 status.[3,10]
Premium processing for an EB-1C Form I-140 has a 45-business-day timeframe.[5,6]
Interpretation The questions USCIS asks about duties, staffing, the qualifying relationship and doing business largely overlap between L-1A and EB-1C; see our EB-1C guide and its RFE topics.[12,13]
Common mistakes
- Counting time already spent in the U.S. toward the one year abroad.[3]
- Interpretation Describing duties in general terms ("oversees operations") without showing who does the day-to-day work.[13]
- Relying on a title: a "Director" or "President" title without primarily managerial duties does not qualify.[13]
- Filing a new-office petition before premises are secured.[3]
- Interpretation Reaching the new-office extension without staffing, payroll and financial records for the first year.[3]
- Changing capacity (for example from specialized knowledge to manager) or the qualifying relationships without filing an amended petition.[3]
- Filing without all required initial evidence: since August 5, 2026, USCIS may deny without first sending an RFE.[26,27]
- Covered employers leaving out the 9-11 Biometric Fee on extensions filed on or after September 9, 2026.[17,18]
- Using an old I-129 edition: filings postmarked or submitted on or after November 9, 2026 must use the 09/09/26 edition.[11]
Common RFE topics
Patterns based on the rules USCIS applies. The same issues come up in EB-1C RFEs.
- Interpretation Managerial or executive duties: a breakdown of duties and the share of time spent on each, to test whether the role is primarily managerial or executive.[3,13]
- Interpretation Staffing and structure: who relieves you of operational tasks — organizational charts, job titles, duties and pay records for subordinates.[9,13]
- Interpretation Function manager claims: evidence that the function is essential and that you manage it rather than perform it.[13]
- Interpretation Qualifying relationship: ownership and control documents for both entities.[1,3]
- Interpretation Doing business: proof of regular, systematic and continuous business in the U.S. and abroad, not just an office or agent.[3]
- Interpretation The year abroad: continuous full-time employment in a qualifying role within the 3-year window.[3]
- Interpretation New-office extensions: staffing, wages paid and financial status after the first year.[3]
- Extensions: proof that you maintained L-1 status, which the regulation requires with every extension request.[23]
After filing
Receipt
USCIS sends a receipt notice. With premium processing, the 15-business-day clock starts when USCIS receives the forms and fees.[5,6]
Review
USCIS may approve, issue an RFE or NOID, or deny. For an extension involving the same parties and facts, it gives deference to the prior approval unless there was a material error, a material change or new adverse information.[23,27]
Approval
A transferee abroad then applies for the L-1 visa. An approved petition is prima facie evidence of eligibility, but the consular officer still confirms the facts at the interview.[10]
At the consulate
If the officer believes you are not entitled to L classification, the officer refuses under INA 221(g) and can send the petition back to USCIS for reconsideration.[10]
Entry
High confidence You cannot be admitted past the petition's validity date. The L visa may be valid longer under reciprocity, but the petition controls your stay.[3,10]
If you get an RFE or NOID
USCIS sets the RFE deadline, up to 12 weeks (84 days); a NOID allows up to 30 days. If the notice is mailed, 3 days are added. USCIS cannot grant extra time.[26,27,28]
Send everything together in one response. USCIS treats a partial response as a request for a decision on the record.[27]
If you do not respond by the deadline, the petition may be denied as abandoned, on the record, or both.[27]
With premium processing, a new 15-business-day period starts when USCIS receives your response.[5]
A denied L petition can be appealed to the Administrative Appeals Office (AAO) or challenged by motion on Form I-290B, generally within 30 days (33 if the decision was mailed). A denied extension of stay itself cannot be appealed.[3,23,29]
Official statistics
Official USCIS statistics
OfficialDecision approval rate · FY2025
91.8%
Approved 22,535 · Denied 2,004
▲ 1.0 pts vs. same period a year earlier (FY2024: 90.8%)
Approved ÷ (approved + denied) in the same period. Pending cases are not counted. Decisions in a quarter can come from petitions filed earlier, so this is the share of decisions that were approvals — not the chance that a petition filed today will be approved.
Source: Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2024, Quarter 4) · Published Dec 16, 2024 · Retrieved Sep 27, 2026
Source: Nonimmigrant Worker Petitions by Case Status and Request for Evidence (RFE) (Fiscal Year 2025, Quarter 4) · Published Mar 24, 2026 · Retrieved Sep 27, 2026
Recent policy changes
- March 1, 2026: premium processing for L petitions rose to $2,965.[5,8]
- August 5, 2026: USCIS may deny without an RFE or NOID when required initial evidence is missing, and no longer adds 14 days for notices mailed abroad.[26]
- September 9, 2026: the 9-11 Biometric Fee ($4,500 for L-1) now also applies to covered employers' extension petitions.[18]
- Proposed September 11, 2026: removal of the up-to-60-day grace period after employment ends (not yet in effect).[24]
- October 7, 2026: USCIS changed the mailing addresses for paper Form I-129 petitions. Petitions sent to a previous address are accepted if postmarked on or before November 9, 2026.[11]
- October 7, 2026: a new edition of the fee schedule (Form G-1055, edition 10/07/26) added an online filing fee for L petitions: $1,335, compared with $1,385 on paper.[15,20]
Recent policy changes
Official- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for InflationOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration FeesOct 1, 2026 · Federal Register (federalregister.gov API) · Not yet reviewed
- U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee RuleSep 30, 2026 · Federal Register (federalregister.gov API) · Status: Final rule · Not yet reviewed
- USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related FeesSep 30, 2026 · USCIS alerts RSS feed · Not yet reviewed
Ask WELIVEINUSA Visa
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
How long can I stay on L-1A?
Up to 7 years in total. The first approval is for up to 3 years (1 year for a new office), with extensions of up to 2 years at a time. Time in H and L status counts together.[2,3,4]
Can my L-2 spouse work?
Yes. L-2 spouses are employment authorized incident to status. An unexpired I-94 showing L-2S is acceptable proof for Form I-9; an EAD is optional. L-2 children cannot work.[2,7]
Can a small company in Taiwan use L-1A to open a U.S. office?
Yes, if the new-office rules are met: secured premises, a manager or executive with one continuous year abroad in the last 3 years, and a showing that the U.S. office will support a managerial or executive position within one year. The first approval is for up to one year.[1,2,3]
Does time I've already spent in the U.S. count toward the one year abroad?
No. Lawful time in the U.S. for the same employer and brief trips do not interrupt the one year abroad, but they do not count toward it.[3]
I own the company. Can I get L-1A?
Yes. The beneficiary may own the foreign or U.S. company. The petition must show that your U.S. services are temporary and that you will be transferred abroad afterwards, and a ceremonial title without primarily managerial duties does not qualify.[3,13]
Do I need to prove I'll go home, like for a tourist visa?
No. L-1 applicants are not subject to the INA 214(b) presumption of immigrant intent, and seeking a green card does not by itself bar L-1 status.[3,10]
What is the difference between L-1A and EB-1C?
High confidence L-1A is a temporary work status with a 7-year limit. EB-1C is a green card category that uses the same manager and executive definitions but adds requirements, such as a U.S. employer that has been doing business for at least one year.[3,12]
Is premium processing available?
Yes. With Form I-907 and the $2,965 fee, USCIS must act within 15 business days or refund the fee.[5,6]
What happens if I lose my job or the company restructures?
L status depends on qualifying employment with the petitioner. If employment ends, current rules allow up to 60 consecutive days, or until your I-94 ends if sooner, to change status or leave; DHS has proposed removing that grace period. Changes that affect eligibility, such as new qualifying relationships or a different capacity, require an amended petition.[3,7,23,24]
What is the 9-11 fee, and does my company pay it?
It is a $4,500 fee for L-1 petitions filed by employers with 50 or more U.S. employees when more than half are in H-1B or L status. Since September 9, 2026 it also applies to their extensions, for petitions filed through September 30, 2027.[16,17,18]
Related categories
Content last reviewed: Sep 27, 2026 · General information, not legal advice.
Sources
- 1.Instructions for Form I-129 (edition 09/09/26)USCIS · Form / instructions · Checked Sep 27, 2026
- 2.L-1A Intracompany Transferee Executive or Manager - USCISUSCIS · Agency page · Checked Sep 27, 2026
- 3.8 CFR 214.2(l) - Intracompany transfereeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 4.USCIS Policy Manual, Volume 2, Part L, Chapter 10 - Period of StayUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 5.8 CFR 106.4 - Premium processing serviceeCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 6.How Do I Request Premium Processing? - USCISUSCIS · Agency page · Checked Sep 27, 2026
- 7.USCIS Policy Manual, Volume 2, Part L, Chapter 2 - General EligibilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 8.Adjustment to Premium Processing Fees - final rule (91 FR 1059)DHS (Federal Register) · Federal Register · Published Jan 12, 2026 · Checked Sep 27, 2026
- 9.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
- 10.9 FAM 402.12 - Intracompany Transferees (L visas)U.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Sep 27, 2026
- 11.I-129, Petition for a Nonimmigrant Worker - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 12.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 13.USCIS Policy Manual, Volume 2, Part L, Chapter 3 - Managers and Executives (L-1A)USCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 14.USCIS Policy Manual, Volume 2, Part L, Chapter 9 - AdjudicationUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 15.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 16.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 17.H and L Filing Fees for Form I-129 - USCISUSCIS · Agency page · Checked Sep 27, 2026
- 18.9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas - final rule (91 FR 51360)DHS (Federal Register) · Federal Register · Published Aug 10, 2026 · Checked Sep 27, 2026
- 19.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 20.Forms Available to File Online - USCISUSCIS · Agency page · Checked Oct 12, 2026
- 21.8 U.S.C. 1184 (INA 214) - Admission of nonimmigrantsU.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
- 22.8 CFR 274a.12 - Classes of aliens authorized to accept employmenteCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 23.8 CFR 214.1 - Requirements for admission, extension, and maintenance of statuseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 24.Eliminating the Discretionary 60-Day Grace Period - proposed rule (91 FR 57807)DHS (Federal Register) · Federal Register · Published Sep 11, 2026 · Checked Sep 27, 2026
- 25.I-140, Immigrant Petition for Alien Workers - USCISUSCIS · Form / instructions · Checked Sep 27, 2026
- 26.Policy Alert PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to DenyUSCIS · USCIS Policy Manual · Published Aug 5, 2026 · Checked Sep 27, 2026
- 27.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 28.8 CFR 103.2 - Submission and adjudication of benefit requestseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 29.I-290B, Notice of Appeal or Motion - USCISUSCIS · Form / instructions · Checked Oct 12, 2026