- The L-1A visa lets a company transfer a manager or executive from a foreign office to a U.S. branch, subsidiary, affiliate, or new office. It requires 1 year of qualifying employment abroad and a high-level managerial or executive role in the U.S.
- Spouses of L-1A holders (L-2 status) can work in the U.S. without applying for a separate work permit.
- L-1A status provides a direct and streamlined route to permanent residency through EB-1C (Multinational Manager/Executive)
Introduction
The L-1A is a U.S. non-immigrant visa that allows multinational companies to transfer an executive or managerial employee from a foreign office to a related U.S. office. Created by Congress in 1970 to support the movement of key personnel within international organizations (H.R. Rep. 91-851, 1970), it enables an employee who has been working abroad in a qualifying managerial or executive role to take on a similar high-level position in a U.S. branch, parent, subsidiary, or affiliate.
The L-1A is specifically for executives and managers, distinct from the L-1B category for specialized knowledge employees. It offers several structural advantages: dual intent (allowing pursuit of permanent residency), no annual cap or lottery, and no prevailing wage requirements.
L-1A executives and managers can live and work in the U.S. for the petitioning U.S. employer. Their spouse and children can accompany them (as L-2 dependents) and the spouse work authorization incident to the status (And to not need to obtain it separately) (see Section 11 on dependents). L-1A holders often enjoy a straightforward path to permanent residency through the EB-1C Multinational Manager category.
Additionally, processing can be fast – premium processing is available for L-1A petitions and Canadian citizens even have the option to apply at the border for immediate L-1 admission.
Why L-1A? Key Benefits
The L-1A classification offers several advantages that make it one of the most strategically valuable work visas for multinational companies. Because it is designed specifically for executives and managers, it provides a level of flexibility and predictability that is rarely available in other U.S. work visa categories.
No Annual Cap or Lottery
Unlike the H-1B visa—which is limited to 85,000 slots per year and requires entry into a highly competitive lottery—the L-1A has no quota. Petitions can be filed at any time of the year, allowing companies to transfer leadership personnel according to business needs rather than government selection cycles.
No Prevailing Wage Requirement
L-1A petitions do not require filing a Labor Condition Application (LCA) with the Department of Labor, and employers do not need to comply with prevailing wage rules. This gives companies flexibility to determine executive or managerial compensation based on internal structures, global pay scales, or local market conditions.
Dual Intent
L-1A is a dual-intent visa, meaning the employee may pursue permanent residency without jeopardizing their L-1A status. Unlike many other nonimmigrant categories that require proof of an intent to return home, L-1A employees may simultaneously maintain nonimmigrant status and pursue a green card.
This makes L-1A the most commonly used visa for founders and executives opening new U.S. offices.
How Do You Qualify for an L-1A?
L-1A classification is limited to a narrow group of employees: those who have been, and will be, employed in executive or managerial roles within a qualifying multinational group. In practice, eligibility has three main pillars:
- Qualifying prior employment abroad
- A qualifying executive/managerial role in the U.S.
- A qualifying corporate relationship between the foreign and U.S. entities
Each of these is defined quite specifically in U.S. immigration law and regulations.
Prior Employment Abroad
The employee (beneficiary) must:
- Have been employed outside the U.S. by the foreign company (or its affiliate) for at least one continuous year
- That one-year period must fall within the three years immediately preceding the application for L-1A entry to the U.S.
- The employment must have been in a managerial or executive capacity
- The employment must have been full-time and as a bona fide employee on payroll, not as an independent contractor or freelancer
Brief business trips or short visits to the U.S. during that period generally do not break continuity (and do not count toward the one year), but extended time in the U.S. can interrupt the required one-year period.
Work abroad can be specialized knowledge OR managerial/executive in nature. Where the Foreign National is qualifying based on specialized knowledge abroad and is coming to the US to work in a managerial capacity, this is called a "hybrid L-1A" (specialized knowledge abroad, managerial U.S.). You can also switch from L-1B to a hybrid L-1A if promoted from a specialized knowledge role to a managerial role, in which case the employer would file an amendment from L-1B to L-1A.
Position in the United States
The U.S. position must also be in a managerial or executive capacity within the same corporate group:
- The U.S. role does not need to have the exact same title as the foreign role
- The U.S. job must, however, independently qualify as executive or managerial under the statutory definitions
- The employee is expected to spend the majority of their time on high-level managerial or executive duties, not on day-to-day operational tasks that could be handled by subordinates
Defining “Managerial” and “Executive” Capacity
Managerial capacity means the employee primarily manages people or manages an essential function of the organization. A qualifying manager:
- Supervises and controls other professional, supervisory, or managerial employees, or manages a key business function at a senior level
- Has authority to hire, fire, or recommend personnel actions
- Exercises discretion over day-to-day operations of their department or function
A first-line supervisor only qualifies if the people supervised are professionals (generally employees who need a bachelor’s degree in a specialized field) or if they supervise other managers. Simply supervising non-professional staff is not enough.
A person can also qualify as a functional manager even without direct reports if they oversee a clearly defined, essential function, operate at a senior level, and rely on teams or resources to perform operational tasks—meaning they manage the function, not do the work themselves.
Executive capacity means the employee primarily directs the organization or a major part of it. A qualifying executive:
- Sets broad policies, goals, and strategy
- Exercises wide decision-making authority
- Receives only general supervision from higher-level executives, the board, or shareholders
Executives are top-tier leaders — such as CEOs, COOs, Presidents, or heads of major divisions. They focus on planning, direction, and strategy, rather than performing routine operational tasks or closely supervising large numbers of employees.
Other Personal Eligibility Points:
- Education: There is no minimum education requirement for L-1A. However, in many cases managers and executives do have degrees or extensive experience which will be documented in the petition.
- Employment Conditions: The beneficiary should be a bona fide employee of the company abroad and will be an employee of the U.S. entity. The regulations don’t support independent contractors or freelancers on L-1A – it should be a direct employment relationship.
- Intent and Duration: Since L-1A is dual intent, the individual can intend to seek permanent residency and it won’t be held against them at visa interviews or entry. However, they still must intend to comply with the terms of the L-1 (e.g., leave or change status after 7-year max if no green card by then). There is no requirement to maintain a foreign residence.
The next step is ensuring your employer and the corporate structure meet the L-1 requirements, which we cover next.
Employer & Corporate Structure Requirements
Because the L-1A is an intracompany transfer, the petitioning employer and the foreign entity must have a qualifying relationship. It is not enough for the two companies to simply have a contract or do business together; they must be part of the same corporate family. The U.S. petitioning entity (the one that will employ the beneficiary in the U.S.) must be a parent company, branch, subsidiary, or affiliate of the foreign company that employed the beneficiary abroad.
Let’s break down these terms as defined by regulation:
- Parent: A firm, corporation, or other legal entity that owns at least half of another company and has control of it.
- Subsidiary: A firm, corporation, or other legal entity of which a parent owns (directly or indirectly) more than half and controls, or owns half (50%) and controls (i.e., joint venture with equal control), or owns less than half but in fact controls the entity.
- Branch: An operating division or office of the same organization in a different location. A branch is not a separate legal entity; it’s the same company just operating in another place.
- Affiliate: There are a couple of scenarios for affiliate, typically involving sibling companies. One common definition is two companies that are each owned and controlled by the same parent or same group of individuals.
Both the U.S. and foreign companies must be actively doing business, meaning regular, systematic, and continuous operations — not merely a presence on paper.
The “New Office” Scenario
One common use of the L-1A visa is to send a manager or executive to the U.S. to open a new office. Immigration regulations recognize this scenario and allow L-1A petitions even when the U.S. entity is brand new or was recently formed. However, new office L-1A petitions face additional scrutiny and have special requirements and limitations.
What Counts as a New Office: A “new office” generally means the U.S. business has been operating (doing business) for less than one year at the time of the L-1 petition filing. It could be a totally new startup, or a newly established branch or subsidiary of an existing foreign company. Note that the foreign company itself must be operational for at least the past year (since it employed the person for a year), but the U.S. entity can be freshly minted.
Initial Petition Duration: For new offices, USCIS will typically approve the L-1A for only 1 year initially. This is shorter than the standard 3-year L-1A. The rationale is that USCIS wants to re-assess after a year whether the new U.S. operation has grown enough to support an ongoing managerial role. After that first year, the employer can request an extension (up to the remainder of the 7-year total, in increments). If the company fails to get properly established, the extension may be denied.
Application Process and Timelines
The L-1A application process follows one of two paths, depending on where the employee is physically located at the time of filing and how they intend to activate L-1A status:
- Change of Status (COS) — if the employee is already inside the United States in another valid nonimmigrant status.
- Consular Processing — if the employee is outside the United States, or inside the U.S. but plans to travel and obtain an L-1A visa abroad.
Step 1: Preparing the Petition (USCIS Phase)
The employer (U.S. company) must file a petition with USCIS to classify the foreign employee as an L-1A intracompany transferee. This is done on Form I-129 (Petition for Nonimmigrant Worker) with the L Supplement.
Petition Contents: The I-129 petition package typically includes:
- Form I-129 and L Classification Supplement: Completed and signed by the petitioner. This form captures basic info about the company, the employee, and the job offer. It also includes attestations that the information is true and that the company will abide by L-1 regulations.
- Support Letter: A crucial document is the employer’s detailed supporting letter on company letterhead. This letter is addressed to USCIS and lays out the case in narrative form:
- It will describe the company’s background (both foreign and U.S. entity), their relationship, and scope of operations.
- It identifies the beneficiary and summarizes their qualifications and employment history with the company.
- It describes the foreign role the person held (with job duties, job title, and confirming it was managerial/executive).
- It then describes the U.S. role offered (job title, duties, who they will report to, who will report to them or what function they’ll manage).
- It explicitly states how the U.S. role meets the executive/managerial capacity definition (e.g., “As Vice President of Operations, Ms. X will direct the entire Operations division, supervising three department managers...” etc.).
- If it’s a new office, the letter will also include the business plan details or a summary thereof.
- The letter often cites the legal definitions and explains how the case meets each point, essentially functioning as a legal brief for the petition.
- Evidence of Qualifying Relationship: This includes articles of incorporation, certificates, stock certificates, organizational charts, or affidavits showing the corporate relationship between the U.S. and foreign entities.
- Proof of Employment Abroad: Documentation of the beneficiary’s one year of employment with the foreign company. This can include:
- An employment verification letter from the foreign company’s HR department stating the person’s position, dates of employment (with exact start and end dates or “to present”), and job duties. This is generally not sufficient on its own without corroborative evidence.
- Pay stubs or wage statements for at least that one-year period (or tax documents, social insurance records, etc., depending on the country) to prove the person was on payroll.
- Copies of performance evaluations or promotion letters, if relevant, could bolster the claim of their role.
- If the person has a work contract or offer letter from when they joined abroad, that can be included too.
- Job Duty Breakdown: Sometimes an attachment or part of the support letter will give a percentage breakdown of job duties in the U.S. role (and sometimes the foreign role as well).
- Other company context materials such as brochures, org charts, facility details, and optional documents like contracts or client letters to show the business is real and operational.
Step 2: USCIS Adjudication
USCIS will review the petition. They may approve it outright or issue a Request for Evidence (RFE) if something is insufficient or needs clarification. Common RFE topics for L-1A include asking for more detailed duty descriptions, more evidence of staff or qualifying relationship, etc. The employer (or attorney) must respond to an RFE within the specified time (usually 87 days). If satisfied, USCIS then approves the petition.
When approved, USCIS issues an approval notice (Form I-797). If the beneficiary is already in the U.S. in another status and requested a change of status to L-1A, the approval notice will come with a new I-94 attached, and the person’s status changes automatically on the effective date. If the person is outside the U.S., the approval notice is used to apply for the visa stamp.
Validity of Petition: USCIS will indicate the L-1A validity period. This is the period the person is allowed to work in the U.S. in L-1A status for that petitioning employer.
Step 3: Visa Application (Department of State Phase)
If the beneficiary is outside the U.S., they must obtain an L-1A visa stamp in their passport to enter the U.S. (exception: Canadians, see below). With the approved petition in hand (often the petitioner sends a copy to the employee, and USCIS also cables the approval info to a State Department system), the employee will:
- Complete the DS-160 online visa application and pay the Machine-Readable Visa (MRV) fee (around $205 for petition-based visas, may vary by consulate).
- Schedule a visa interview at the U.S. Embassy/Consulate in their country (or a country they are residing in). Wait times for interviews can vary by location and time of year. In high-volume posts like India, wait times can be lengthy, though petition-based visas often get priority scheduling.
- Attend the visa interview. The consular officer will verify the petition approval and ask the applicant questions about their background, the company, their role, etc. They do have authority to refuse the visa if they suspect the person doesn’t actually qualify or there was fraud, but if everything is in order, generally an approved petition is given deference.
- If approved, the passport will be stamped with the L-1A visa, usually valid for up to the petition expiration (sometimes shorter or longer depending on reciprocity agreements with the home country). For example, Indian citizens typically get L-1 visas valid for 5 years (even if petition is 3 years) due to reciprocity schedule, but they can only stay as long as the petition approval dates and would need an extension petition anyway.
Canadian Citizens: Canadians are visa-exempt for travel to the U.S., meaning they don’t need a visa stamp. A Canadian citizen can apply for L-1 status directly at a U.S. Port of Entry or Preclearance airport with the paperwork. Essentially, the Canadian company prepares the same I-129 and support letter and brings it to a CBP officer at the border or airport. CBP can adjudicate and approve L-1 on the spot. This is very convenient as it skips the USCIS wait. (CBP will collect the same fees except premium processing isn’t needed since it’s immediate). Notably, for Canadians, this can be done for both individual L-1 petitions and under an approved blanket. The officer reviews the application, and if all is in order, they admit the person in L-1A status. The Canadian will then get an I-94 record valid for the period of L-1A authorized. This is a unique benefit for Canadians due to NAFTA/USMCA provisions.
Note: If a Canadian has an approved USCIS petition, they can also just show that at the border to enter; or they can choose the route of applying directly without prior petition. If a Canadian is inside the U.S. in another status, the employer can still file a petition to change status through USCIS instead.
Extension Criteria (After 1-Year New Office L-1A)
After an L-1A new office petition’s initial one-year period, the employer must apply for an extension to continue the employee’s stay. This extension request is a critical juncture: USCIS will assess whether the new U.S. office has grown and developed as projected. The standard for extension is essentially to prove that the company’s U.S. operations now genuinely require (and can support) a full-time manager or executive.
Timing: The extension petition is typically filed just before the initial L-1A expires (ideally within the last 6 months of validity). It’s filed on another Form I-129 with extension requested. Premium processing can be used here as well. Importantly, if the extension is timely filed, the employee can continue working for up to 240 days beyond the expiration while waiting for the decision, but most try to file in time to get a decision before expiry.
For new offices, USCIS often granted exactly 1 year from the date of initial approval. So employers should start preparing the extension several months in advance, as they will need to gather evidence of the office’s progress.
L-1 Blanket Petitions
For large companies with high volumes of international transfers, the L-1 blanket petition program is a boon. An L-1 blanket essentially pre-approves the organization as a qualifying multinational, allowing faster processing of individual L-1 applications.
An L-1 blanket petition is a single petition that an employer files with USCIS to cover multiple qualifying entities and to establish eligibility for L-1 classification for those entities in advance. Once approved, the company receives a blanket L-1 approval notice. After that, when the company wants to transfer an individual employee, it does not need to file a separate I-129 petition for each person with USCIS. Instead, the employee can directly apply for an L-1 visa at a U.S. consulate (or for Canadians, at the border) by presenting the blanket approval and a short form called I-129S.
Eligibility Criteria for Blanket Petitions: Not every company can get one. USCIS regulations set specific thresholds:
A petitioner (typically the U.S. parent or headquarters) may file a blanket L petition if all the following are true:
- The petitioner and each of the included entities in the blanket are engaged in commercial trade or services. (So this is for active businesses, not passive or non-profits usually, though some non-profits might qualify if they meet other criteria, but it’s geared toward commercial companies).
- The petitioner has an office in the United States that has been doing business for at least one year. (So you cannot get a blanket in your first year of U.S. operations).
- The organization has three or more domestic and foreign branches, subsidiaries, or affiliates. (This means the corporate family is fairly extensive – at least a parent plus two subs, or a parent with two affiliates, etc. Essentially multiple entities worldwide.)
- Size requirements: In addition to the above, the group must meet at least one of:
- At least 10 L-1 approvals in the past 12 months; or
- U.S. subsidiaries/affiliates have combined annual sales of at least US $25 million; or
- U.S. workforce of at least 1,000 employees
One of the major advantages of the L-1A visa is the relatively straightforward path it provides to U.S. permanent residence (green card) through the EB-1C Immigrant Visa category, officially known as the EB-1C Multinational Manager or Executive category. This path is attractive because it does not require a labor certification (no need to test the U.S. labor market for U.S. workers) and falls under the employment-based first preference (EB-1), which generally has the most favorable visa availability (though for some countries there can be backlogs).
EB-1C Eligibility Is Similar to L-1A: The requirements for the employer and the individual under EB-1C are very similar to L-1A, essentially by design. To qualify for EB-1C, the sponsoring employer must be a U.S. entity that has a qualifying relationship with a foreign company (parent, affiliate, etc.), and the individual must have been employed for at least 1 year abroad in a managerial or executive capacity, and is being sponsored for a green card to work in a managerial/executive capacity in the U.S. entity.
These are almost the same basic criteria as L-1A. In fact, many people refer to EB-1C as the “L-1A green card.” The foreign employment must have occurred within the past three years prior to the individual’s entry as a nonimmigrant (which for an L-1A holder is inherently satisfied since their L-1A required that) or, if already in the U.S., within 3 years prior to filing the petition if the person is still working for the company in the U.S.
Essentially, if someone is in L-1A status, they often meet the statutory requirements for EB-1C assuming the U.S. company has been operational at least 1 year and can show the job is still high-level. An exception would be if the beneficiary has a hybrid L-1A (specialized knowledge capacity employment abroad, managerial capacity employment in the U.S.), since unlike the L-1A category, which allows a person to qualify using specialized knowledge employment abroad, for EB-1C purposes, both the abroad role and U.S. role must be managerial or executive in nature.
L-1A Filing Fees
L-1A costs vary depending on company size and whether premium processing is used. Below is what most employers can expect:
USCIS Filing Fees
- Form I-129 base fee: $695 - $1,385
- Asylum fee - $0 - $300
- Fraud fee - $500
- Public Law 114-113 fee (for certain large employers): $4,500
- Applies only if the company has 50+ U.S. employees and more than 50% are on H-1B or L-1 status.
Optional Premium Processing
- $2,805 for a guaranteed 15-business-day USCIS response (approval, RFE, or denial).
Attorney Fees - At Alma, legal fee for L-1A Initial / New Office is $6000.
Whats Included?
- Response to RFE (Request for Evidence)
- Administrative charges such as FedEx, printing, copying, postage
- Up to 3 free consultation calls between attorney and employees per matter
- One free refile in case of initial denial or comprehensive RFE (Growth & Enterprise)
- Implementation, including white-glove migration from existing vendor
- Bi-weekly status calls with lead attorney and immigration manager
- Any ongoing program, support, or services fee
- Software subscription
Employer Compliance for L-1A visa
Employers utilizing the L-1A visa program should not only focus on getting petitions approved, but also on maintaining compliance with immigration rules and strategically planning their workforce. This section addresses what employers (particularly HR and legal teams) should do to remain compliant and how to integrate L-1A into a broader talent strategy.
Maintaining Corporate Compliance:
- Notification of Changes: If there are significant changes in the corporate structure (e.g., merger, acquisition, company name change, or the foreign entity is sold), these can affect L-1 eligibility. Generally, if a corporate restructuring changes the qualifying relationship, an amended petition might be needed or the L-1 could become invalid. For example, if Company A (U.S.) was a subsidiary of Company B (foreign), and Company B sells Company A to an unrelated company, the relationship is broken and the L-1 worker may no longer qualify. In such cases, consult immigration counsel immediately. Some changes, like internal name changes or mergers where the successor entity assumes obligations, might be navigable. USCIS allows amended petitions to reflect changed corporate relationships in some cases rather than requiring a brand new petition, but proactive reporting is key.
- Working Conditions: L-1A employees must work in the capacity that was described in the petition. Employers should not materially change an L-1A’s job duties downward such that they no longer are managerial/executive. If, for business reasons, the person’s role shifts (say the person stops managing anyone and becomes an individual contributor), that could be considered a violation of the terms of the visa. In practice, USCIS isn’t monitoring day-to-day, but if an extension is later filed, they’ll see the new duties. If a role change is temporary or slight, it’s usually fine, but if it’s significant and long-term, the safer approach is to file an amendment to reflect the new role (though if the new role isn’t managerial, an amendment likely can’t fix that—they might need to change to an L-1B or another status if possible).
- Site Visits: The USCIS Fraud Detection and National Security (FDNS) unit conducts unannounced site inspections for L-1 employers (similar to H-1B). This is especially common for new office cases. They may come to the listed office address and ask to speak to the L-1A employee or manager, to verify the office exists, the employee is working in the claimed position, and ask for pay records or office lease proof. Employers should ensure reception staff or managers know to handle such visits (verify the agent’s credentials, then cooperate). Have the L-1A petition file accessible with copies of what was submitted, so the information given matches. Discrepancies in a site visit (like an officer finds no office or the employee not working there) can lead to revocation of the petition.
- Recordkeeping: While L-1A does not require a Labor Condition Application (LCA) like H-1B, employers should keep similar records: copy of the petition, I-94, proof of wages paid, etc. It’s wise to maintain an “L-1 Public Access File”-like folder even though not legally mandated, so that if a question arises, documentation is at hand.
- Wage and Hour Compliance: There is no prevailing wage for L-1A, but U.S. labor laws still apply (minimum wage, overtime if non-exempt, etc.). Most L-1A will be exempt employees (as executives). Ensure the individual’s salary meets FLSA exemption criteria (which it almost certainly will if they’re truly an exec). Also ensure they are on U.S. payroll as required by law (some L-1As might remain on foreign payroll but working in the U.S. – legally, being on foreign payroll isn’t an immigration violation, but from a tax perspective, the company might be required to withhold U.S. taxes because the work is done in the U.S., unless there’s a secondment agreement and compliance with totalization treaties. This gets complex – large companies handle via secondment arrangements, small ones often just put the person on U.S. payroll).
- Tax and Corporate Presence: Having an L-1A in the U.S. implies the company is doing business in the U.S., which triggers tax obligations (state business registration, federal tax ID, etc.). Immigration compliance intersects with corporate compliance here; failing to properly register the company or pay taxes could indirectly cause issues with demonstrating “doing business” for visa purposes. So stay current with all corporate filings.
- Employee Departure or Termination: If an L-1A employee resigns or is terminated, unlike H-1B there’s no specific notification requirement to USCIS, and no required offer of return transportation (that rule applies to H-1B, not L). However, best practice is to inform USCIS if the petition is no longer needed by filing a withdrawal of the petition. More critically, the employee’s lawful status ends when the employment ends, subject to a possible 60-day grace period that USCIS can grant for L-1 (as for E, H, O, etc.)[^21]. The employer should advise the employee of this grace period so they know they have up to 60 days (or until I-94 expires if sooner) to depart or change status. From a company perspective, if the person is let go, you should update your records and not continue to carry them as an L-1 employee.
Dependents (L-2) of an L-1 visa holder
Employees on L-1A visas are often accompanied by their families. Spouses and unmarried children under 21 years old of an L-1 visa holder are eligible for L-2 dependent status. This section explains the benefits and rules for L-2 dependents, including the significant benefit of work authorization for spouses.
Who Qualifies as L-2:
- Spouse: The legally married spouse (opposite or same-sex, since U.S. recognizes same-sex marriage for immigration) of the L-1 principal is eligible for L-2 status. Common-law spouses generally are not recognized unless the country of origin considers them married and the U.S. state of entry recognizes that, which is uncommon. Fiancés are not spouses; they would need another visa (like a B2 perhaps to accompany temporarily, but not as L-2 until married).
- Children: Unmarried children under 21. This includes biological, step- or adopted children, as long as the relationship occurred before 18 in case of step/adoption. When a child turns 21 or if they marry before 21, they lose L-2 eligibility. Notably, there’s no derivative status for parents, siblings, etc., in this category.
Obtaining L-2 Visas/Status:
- If applying abroad, the dependents each fill their own DS-160 and apply for L-2 visas alongside (or after) the principal’s L-1. Typically, they attend the interview with the principal or can sometimes go separately with a copy of the principal’s visa and approval notice. The consulate will issue L-2 visas for the same validity as the L-1’s visa, often.
- If the L-1 is getting status in the U.S. (change of status), dependents should file for a change of status to L-2 on Form I-539 concurrently. USCIS will issue them approval notices with L-2 status dates matching the principal.
- L-2 is a derivative status, meaning it cannot exist independently of the L-1 status. If the principal’s L-1 ends, the L-2 ends (with a small grace period possibly).
Duration: L-2 spouses and children are given the same period of admission as the L-1 principal. Their I-94 expiration will typically match the principal’s I-94. They can be included in extension filings (I-539 for dependents along with the I-129 for principal). L-2s are also eligible for the 60-day grace period if the principal’s employment ends unexpectedly before the petition end date.
Employment Authorization for Spouses: A major benefit is that L-2 spouses are allowed to work in the U.S.
Children Work and Study:
- L-2 children cannot work – the incident to status work authorization was only for spouses. Children can’t even apply for EAD; it’s not permitted under law.
- Study: L-2 dependents (spouse and children) can engage in full-time or part-time study without needing a student visa. Children typically attend K-12 schools with no issue. A spouse can study at a university while on L-2 (and also work, or not). This flexibility is nice compared to some other statuses (for instance, F-2 spouses cannot study full-time; L-2 can).
- If a child wants to attend college and might age out at 21, they often will switch to F-1 student visa around age 18-21 to not cut studies short. But technically up to 21 they can be in L-2 and study.
Choosing the Right Immigration Lawyer
The L-1A is a complex category and success depends not only on your qualifications but on how your role, responsibilities, and company structure are presented to USCIS. Many otherwise strong candidates are denied simply because their petitions weren’t framed clearly.
When choosing an immigration attorney, consider:
- Experience: Do they have a strong track record specifically with L-1A approvals?
- Attention to Detail: Will they craft a personalized petition, or do they use cookie-cutter templates?
- Responsiveness: L-1A cases often involve tight deadlines (e.g., responding to RFEs). An attorney should be accessible and able to move quickly. Our attorneys usually respond to clients within 4-6 hours.
- Support Beyond Legal Writing: The best attorneys also help you gather the right evidence and anticipate areas USCIS may challenge.
At Alma, we’ve built a modern immigration platform and team to make this process transparent and streamlined for you. Our clients range from a single-founder company to corporations with 500 foreign nationals.
We simplify the L-1A process for individuals, focusing on 3 core pillars:
- Speed: 2-week turnaround time in document preparation
- Excellence: 99%+ approval rate so far
- Care: Full transparency with our platform and direct attorney access
Beyond L-1A, we also support a full range of U.S. visas and green cards, including O-1A, H-1B, EB-1A, EB-2 NIW, and more.
Ready to start your immigration journey? Get started here!
Frequently Asked Questions
Yes. L-1A is explicitly recognized as dual intent, meaning you can pursue U.S. permanent residence without jeopardizing your L-1A status or visa. The immigration regulations affirm that L-1 (like H-1B) does not require the applicant to maintain a foreign residence and permits immigrant intent
No formal educational requirement exists for L-1A. The regulations focus on the position, not the person’s academic credentials. It’s entirely possible to have an L-1A executive who does not hold a bachelor’s degree, as long as they have the requisite work experience and the job is high-level.
No, immigration law does not set a prevailing wage or minimum salary for L-1A. However, practically, the salary should be commensurate with a managerial or executive position.
If your employment in L-1A capacity ends before your petition expiration, you have a grace period of up to 60 days to take action.



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