L-1 visa hiring: how employers transfer managers and specialized staff to the United States

An L-1 lets a company with a parent, branch, subsidiary or affiliate abroad transfer an employee who has worked for that organization abroad for at least one continuous year within the last three to its U.S. operation: L-1A for managers and executives, for up to seven years, and L-1B for staff with specialized knowledge of the company, for up to five. The employer files Form I-129; there is no cap, lottery or labor condition application. As of November 2026 the filing fee is $1,385 on paper, plus fees that depend on the employer's size and workforce, and the $100,000 H-1B payment does not apply.

That makes the L-1 a transfer tool, not a way to hire from the open market: the candidate must already work for your group abroad. For outside candidates, see O-1 visa hiring, TN visa hiring and the $100,000 H-1B fee.

Who qualifies for an L-1?

The employer

• A qualifying relationship with the foreign company: parent, branch, subsidiary or affiliate, as 8 CFR 214.2(l)(1)(ii) defines them, generally through ownership and control.
• Doing business as an employer in the United States and in at least one other country, directly or through a qualifying organization, for the whole L-1 stay. That means the regular, systematic and continuous provision of goods or services, not the mere presence of an agent or office. International trade is not required.
• A legal entity. A 2023 Policy Manual update says a sole proprietorship may not file an L-1 petition for its owner, because it is not a separate legal entity.

The employee

• At least one continuous year of full-time employment abroad with a qualifying organization within the three years before the petition is filed (214.2(l)(3)(iii)). Brief business or personal trips to the United States do not break the year but do not count toward it.
• That year abroad was in a managerial, executive or specialized knowledge position, and the U.S. role is one too. The U.S. work need not be the same job the person did abroad (214.2(l)(3)(iv)).

L-1A or L-1B: what is the difference?

An L-1B promoted to a managerial or executive job must hold it for at least six months to qualify for the seven-year total (214.2(l)(15)(ii)). At the limit, the person must live outside the United States for a year before a new L or H petition can be approved, unless the U.S. work is seasonal, intermittent, six months a year or less, or part-time commuting (214.2(l)(12)).

What does the employer file?

• An individual petition on Form I-129 (edition 09/09/26), with evidence of the qualifying relationship, a detailed description of the U.S. duties, proof of the year abroad and of the person's qualifications (214.2(l)(3)). The petitioner must disclose earlier petitions for the same person. If the employee is an owner or major stockholder, add evidence that the U.S. assignment is temporary.
• New office petitions also need secured premises and, for L-1A, a plan showing the office will support a managerial or executive job within a year: its scope, structure, financial goals, the U.S. investment and the foreign entity's ability to pay. Approval is for one year; the extension must show the office is doing business.
• A blanket petition establishes the corporate relationships in advance. USCIS lists the criteria: commercial trade or services, a U.S. office doing business for at least a year, three or more domestic and foreign branches, subsidiaries or affiliates, and either 10 L-1 approvals in the past 12 months, $25 million in combined annual U.S. sales or a U.S. workforce of at least 1,000. Each employee then applies with Form I-129S, usually at a consulate.
• Canadian citizens may have the petition filed with CBP at a Class A port of entry on the Canadian border or a preclearance station in Canada, together with their application for admission (214.2(l)(17)).

What does an L-1 petition cost as of November 2026?

The 9-11 fee changed in 2026. A DHS final rule published August 10, 2026 (91 FR 51360) requires covered employers to pay it on all L-1 petitions filed from September 9, 2026, extensions with the same employer included, except amended petitions that do not seek to extend status.

Can you hire someone who holds an L-1 at another company?

Not on that L-1. Under 8 CFR 274a.12(b)(12), an L-1 worker "may be employed only by the petitioner through whom the status was obtained." There is no L-1 equivalent of H-1B portability. An unrelated employer needs a classification of its own for the candidate, such as H-1B, O-1, TN or E-3, and the candidate should not start until it is in place. Within the same group, a change in the approved relationships, the qualifying organization or the capacity (for example L-1B to L-1A) needs an amended petition with fee (214.2(l)(7)(i)(C)).

Can an L-1B employee work at a client's site?

Only under conditions. Under 8 U.S.C. 1184(c)(2)(F), added by the L-1 Visa Reform Act of 2004, an L-1B stationed primarily at an unaffiliated company's worksite is ineligible if that company will principally control and supervise the worker, or if the placement is essentially labor for hire rather than a product or service that needs knowledge specific to the petitioner. Policy Manual Part L, Chapter 4 gives both sides: a business that places workers with various companies regardless of their knowledge of its own products is barred, while a specialized service provider that sends its experts to client projects and keeps ultimate authority over their daily duties is not. The client may give input and even direct specific tasks. For staffing firms, the practical answer is that an L-1B is not a placement visa.

Can L-2 spouses and children work?

Spouses can. 8 U.S.C. 1184(c)(2)(E) requires DHS to authorize L-1 spouses to work, and USCIS treats spouses in L-2S status as employment authorized incident to status. For Form I-9, M-274 Section 7.9.2 accepts an unexpired Form I-94 showing L-2S as a List C document, with a List B identity document; a Form I-94 issued before January 30, 2022 showing L-2 works with the USCIS notice sent in 2022. Spouses may still apply for an EAD. Children in L-2 status are not employment authorized by it.

How does Form I-9 work for an L-1 hire?

• At hire. The employee checks "An alien authorized to work" and enters the Form I-94 end date. The unexpired foreign passport and Form I-94 together are a List A document for the petitioner, though the employee may choose other acceptable documents.
• Extensions. If you file a timely extension, the worker may keep working for you for up to 240 days past the I-94 end date while it is pending (8 CFR 274a.12(b)(20)). M-274 Section 7.7 says to write "240-day Ext." and the filing date in Additional Information and, on approval, complete Supplement B with the new I-94. The steps match those in Form I-9 for H-1B workers.

Can an L-1 worker pursue a green card?

Yes. 8 CFR 214.2(l)(16) says filing a labor certification, an immigrant petition or an adjustment application is not a ground to deny an L-1 petition, extension or admission, as long as the person intends to leave at the end of the authorized stay. Plan the sequence with counsel; PERM recruitment has its own rules.

What is changing?

Today an L-1 worker whose job ends keeps status for up to 60 consecutive days or until the validity period ends, whichever is shorter, once per validity period (8 CFR 214.1(l)(2)). DHS proposed removing that grace period on September 11, 2026 (91 FR 57807; comments closed November 10, 2026) and, on October 14, 2026, proposed ending deference to earlier approvals in extensions (91 FR 65119; comments close November 13, 2026). Both are proposals, not rules.

What should recruiters and hiring managers do?

1. Ask every candidate the same two questions: are you authorized to work, and will you need sponsorship now or later. See work authorization questions in interviews.
2. Confirm the year abroad from payroll records, with dates, full-time status and job title, before promising a transfer date.
3. Write the U.S. role around real duties. Who reports to the person, what they manage, or what company-specific knowledge the job needs should be clear and true in the petition.
4. Never recruit for "L-1 only" or "visa holders preferred." The Justice Department's IER says in its FAQ that failing to consider U.S. citizens, nationals, recent permanent residents, refugees or asylees because an employer prefers temporary visa workers violates the INA, even when the visa rules are followed; see citizenship status discrimination in hiring.
5. Document control for any client-site L-1B work, and budget every fee in the table above.
6. Calendar each I-94 end date and the five- or seven-year limit, and file extensions before the current stay expires.