Hiring Glossary

L-1B Visa

​The L-1B visa is a non-immigrant visa that allows companies to transfer employees with specialized knowledge from their foreign offices to their U.S. offices. This visa facilitates the movement of personnel who possess unique expertise about the company's products, services, research, equipment, techniques, management, or other interests.​

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Milani Notshe

Research Specialist

Last Updated

March 13, 2025

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what L-1B Visa

As a business owner or human resources manager, you may come across the term 'L-1B visa' in the context of transferring employees with specialized knowledge to your U.S. office. Understanding this visa is crucial for facilitating internal mobility and leveraging global talent within your organization.​

Consider a technology firm headquartered in Germany that has developed proprietary software. To support its U.S. expansion, the company can use the L-1B visa to transfer a software engineer who has in-depth knowledge of this proprietary system to the U.S. office, ensuring seamless integration and support.​

Who is Eligible for the L-1B Visa?

Eligibility criteria for the L-1B visa include:

  • Employment History: The employee must have worked for the foreign entity for at least one continuous year within the preceding three years in a specialized knowledge capacity.​
  • Specialized Knowledge: The employee should possess specialized knowledge about the company's products, services, research, equipment, techniques, management, or other interests.​
  • Qualifying Relationship: There must be a qualifying relationship between the foreign company and the U.S. company, such as a parent, branch, subsidiary, or affiliate.​
  • Position in the U.S.: The employee must be coming to the U.S. to work in a specialized knowledge capacity.​


Required Documents for L-1B Visa

Applicants should prepare the following required documentation:

For Employees

  • Valid passport.​
  • Detailed resume or CV.​
  • Employment verification letter from the foreign employer detailing job duties, duration of employment, and specialized knowledge.​
  • Educational qualifications and relevant certifications.​
  • Proof of specialized knowledge, such as letters from supervisors or detailed job descriptions.​

For Employers

  • Completed Form I-129, Petition for a Nonimmigrant Worker.​
  • Documentation establishing the qualifying relationship between the foreign and U.S. entities.​
  • Detailed job description and requirements for the U.S. position.​
  • Financial statements demonstrating the company's ability to remunerate the employee.​
  • Proof of the company's operations, such as business licenses, annual reports, or articles of incorporation.​


What Can You Do on an L-1B Visa?

Holders of an L-1B visa are granted specific rights and privileges, including:​

  • Work Authorization: Permission to work for the sponsoring employer in the U.S. in a specialized knowledge capacity.​
  • Dependents: Ability to bring dependents (spouse and unmarried children under 21) under the L-2 visa category. Spouses may apply for work authorization.​
  • Travel: Freedom to travel in and out of the U.S. during the visa validity period.​
  • Dual Intent: L-1B visas allow for dual intent, meaning holders can apply for permanent residency (green card) without jeopardizing their L-1B status.​

How to Apply for an L-1B Visa

The application process involves several steps:

  1. Employer Petition: The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS), along with the necessary supporting documents.​
  2. Petition Approval: Once USCIS approves the petition, they will issue Form I-797, Notice of Action.​
  3. Visa Application: The employee applies for the L-1B visa at a U.S. embassy or consulate in their home country, submitting Form DS-160 and paying the applicable visa application fee.​
  4. Interview: Attend a visa interview where a consular officer will assess eligibility.
  5. Visa Issuance: If approved, the visa is stamped in the employee's passport, allowing travel to the U.S.​

Processing Time & Fees

Processing Time

Standard processing can vary but typically takes several months. Employers may opt for premium processing by filing Form I-907 and paying an additional fee of $2,805, which guarantees an initial review within 15 calendar days.​

Fees

Fee for filing L petitions:

  • $1,385 (plus additional fees)
  • If you are filing as a Small Employer or Nonprofit, this fee is $695 (plus additional fees where applicable)

Additional Fees:

  • Asylum Program Fee: $600 (if you are filing as a Regular Petitioner),$0 (If you are filing as a Nonprofit) and $300 (If you are filing as a Small Employer)
  • Fraud Prevention and Detection fee: $500
  • If the petitioner who files the L-1 application employs 50 or more individuals in the United States if more than 50 percent of those individuals are in H-1B or L-1 nonimmigrant status, they are required to pay an additional $4,500 as per the Consolidated Appropriations Act of 2016.
  • Premium Processing Fee (optional): $2,500.​
  • Visa Application Fee (Form DS-160): Varies by country; generally around $205.​

Note: Fees are subject to change; it's advisable to consult the USCIS website for the most current information.

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L-1B Visa Validity & Extensions

  • Initial Validity: Up to 3 years (unless the beneficiary is entering the U.S. to establish a new office in which case they will be given an initial minimum stay of one year).​
  • Extensions: One extension of 2 years is possible, with a maximum stay of 5 years.​
  • Conditions: Extensions require demonstrating that the employee continues to possess specialized knowledge and that the U.S. position necessitates such expertise.​

Benefits & Limitations of the L-1B Visa

Advantages

  • Intracompany Transfers: Enables companies to transfer employees with specialized knowledge to U.S. offices without annual caps or lottery systems. ​
  • Spousal Employment: Allows spouses of L-1B visa holders to work in the U.S., enhancing family financial stability.
  • Pathway to Permanent Residency: Serves as a potential route to obtaining a green card through the EB-1C category for multinational managers and executives.
  • No Quota Limitations: Not subject to annual numerical limits, allowing applications to be filed at any time.
  • Premium Processing Eligibility: Offers expedited processing options, with adjudication possible within 15 calendar days. ​

Restrictions

  • Employer-Specific: L-1B visa holders are restricted to working for the petitioning employer and cannot seek employment elsewhere.​
  • Duration Limit: The maximum stay is five years, with no extensions beyond this period under the L-1B status.​
  • Qualifying Relationship: The visa requires a qualifying relationship between the foreign and U.S. offices, limiting its applicability to certain corporate structures.​

L-1B Visa vs. Other Work Visas

Aspect L-1B Visa H-1B Visa
Eligibility Employees with specialized knowledge transferring within the same company Professionals in specialty occupations requiring a bachelor's degree
Employer Relationship Requires a qualifying relationship between foreign and U.S. entities No prior employer relationship necessary
Duration Up to 5 years Up to 6 years
Annual Cap No annual cap Subject to an annual cap (65,000 regular; 20,000 for advanced degrees)
Dependents' Work Rights Spouses can work without restrictions Spouses cannot work (H-4 visa holders)
Dual Intent Permitted Permitted

Note: The L-1B visa is specifically designed for intracompany transferees with specialized knowledge, whereas the H-1B visa caters to professionals in specialty occupations without the necessity of an existing employer relationship.

Employer Responsibilities

When sponsoring an employee for an L-1B visa, employers must:

  • Maintain Qualifying Relationship: Ensure a valid parent, subsidiary, affiliate, or branch relationship exists between the foreign and U.S. offices.
  • Provide Accurate Documentation: Submit comprehensive and truthful information in the visa petition to demonstrate eligibility.​
  • Compliance with Immigration Laws: Adhere to all applicable U.S. immigration regulations and promptly report any material changes in the employee's job position or employment status.​
  • Support Employee's Transition: Assist the transferee and their dependents in acclimating to the U.S., including guidance on legal requirements and company policies.​

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L-1B Visa FAQs

Can L-1B visa holders apply for a green card?

Yes, L-1B visa holders can apply for permanent residency (green card) under the doctrine of dual intent.

How long does it take to process an L-1B visa?

Processing times can vary, but premium processing is available for an additional fee, which expedites the process to 15 calendar days.​

Can dependents of L-1B visa holders work in the U.S.?

Yes, spouses of L-1B visa holders can apply for employment authorization to work in the United States. ​

Are there any annual caps on L-1B visas?

No, there are no annual caps on the number of L-1B visas issued.

What is the minimum salary for L-1B visa?

​The L-1B visa does not have a mandated minimum salary requirement set by U.S. immigration regulations. However, employers should offer compensation that aligns with industry standards and the employee's specialized knowledge to avoid scrutiny from immigration authorities.  Additionally, employers must comply with federal and state minimum wage laws to ensure fair labor practices.

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ABOUT THE AUTHOR

Milani Notshe

Milani is a seasoned research and content specialist at Playroll, a leading Employer Of Record (EOR) provider. Backed by a strong background in Politics, Philosophy and Economics, she specializes in identifying emerging compliance and global HR trends to keep employers up to date on the global employment landscape.

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