l1 visa

SECTION GUIDE

The L1 visa is a United States non-immigrant route that enables international businesses to transfer key staff into their US operations. For UK companies expanding into the American market, the L1 visa provides a practical mechanism to move senior executives, managers, or employees with specialised knowledge. It is particularly relevant for organisations with corporate links in both the UK and the US, allowing internal transfers without recruiting locally.

What this article is about: This guide explains the L1 visa in detail for UK employers. It sets out who qualifies, the application process (including updated timelines and fees), the duties employers must observe to remain compliant with US immigration law, common challenges, alternatives, and key FAQs.

 

 

Section A: Understanding the L1 Visa

 

The L1 visa is a specialist route for businesses with operations in more than one country. For UK employers with a corporate presence in the United States, it provides a compliant mechanism to transfer employees from the UK office to a qualifying US entity within the same corporate group.

 

1. What is the L1 visa?

 

The L1 visa is a US non-immigrant classification that permits intra-company transfers to a related US branch, subsidiary, parent, or affiliate after a qualifying period of overseas employment with the same group. It has two subcategories:

  • L1A: for executives and managers who will direct the organisation or a major function, or manage other professional employees.
  • L1B: for employees with specialised knowledge of the company’s products, services, systems, research, or processes that is not readily available in the US labour market.

 

While time-limited, L1 status can form part of a longer-term strategy: many L1A transferees pursue permanent residence through the EB‑1C route for multinational executives and managers.

 

2. Who can apply for an L1 visa?

 

Employer eligibility: The UK and US entities must have a qualifying relationship (parent, subsidiary, branch, or affiliate). New “office” petitions are possible but must evidence suitable premises and a credible plan to support the role within one year.

Employee eligibility: The transferee must have worked for the group outside the United States for at least one continuous year within the preceding three years and be coming to the US to fill an executive/managerial (L1A) or specialised knowledge (L1B) role. The L1 is not a route for independent jobseekers; it is tied to sponsorship by the qualifying employer.

 

3. Why UK businesses use the L1 visa

 

  • Transfer trusted staff to launch, stabilise, or scale US operations without immediate local hiring.
  • Establish a new US office with authorised personnel who can set up and manage the business during the first year.
  • Avoid annual numerical caps that constrain other categories (for example, the H‑1B quota).
  • Enable a potential pathway to permanent residence for executives/managers via EB‑1C, supporting long-term leadership continuity.

 

Section A Summary: The L1 visa enables compliant intra-company transfers into a related US entity where both the qualifying corporate relationship and role-based eligibility are met. It supports strategic US expansion and, for executives and managers, can provide a structured route toward US permanent residence.

 

 

Section B: L1 Visa Application Process

 

The L1 visa process involves both the US employer and the transferring employee. It begins with the US entity petitioning USCIS for approval, followed by the employee applying for the visa at the US Embassy in London. Updated timelines and fees introduced in 2024 must also be factored in.

 

1. Employer petition requirements

 

The US entity files Form I-129 (with the L classification supplement) with United States Citizenship and Immigration Services (USCIS). The petition must evidence:

  • The qualifying corporate relationship between the UK and US entities (for example, corporate structure or shareholding documents).
  • The employee’s continuous overseas employment with the UK entity for at least one year in the last three years.
  • A detailed US job description confirming executive/managerial or specialised knowledge duties.
  • That the US entity is actively doing business, or, for a new office, has premises and a credible plan to support the transferee within one year.

 

On approval, USCIS issues a Form I-797 notice. Larger organisations may also use an L-1 Blanket petition to streamline multiple transfers across the group.

 

2. Employee application process

 

After the employer petition is approved, the employee must apply for their visa through the US Embassy in London. The process involves:

  • Completing Form DS-160, the online non-immigrant visa application.
  • Paying the visa application fee and booking an appointment via the official AIS portal.
  • Attending the appointment to provide biometrics and complete the consular interview.

Supporting documents typically include a valid passport, DS-160 confirmation, I-797 petition approval, evidence of employment with the UK entity, and details of the proposed US role. For L-1 Blanket applicants, the principal must also pay a Department of State fraud prevention fee at the interview.

 

3. Processing times and fees

 

Processing times:

  • USCIS petition stage: Standard adjudication takes several weeks to months. Premium Processing is available and now guarantees a decision in 15 business days.
  • Embassy stage: Interview scheduling depends on availability; applicants should allow a number of weeks.

Fees (as updated in 2024):

  • Form I-129 filing fee (tiered by employer size/type).
  • Asylum Program Fee: $600 (reduced to $300 for small employers with ≤25 employees; waived for nonprofits).
  • Fraud Prevention and Detection Fee: $500 on initial L-1 filings and changes of employer (not extensions).
  • Public Law 114-113 surcharge: $4,500 for employers with 50+ US staff and >50% in H-1B/L-1 status.
  • MRV fee for DS-160, payable to the Embassy.
  • Premium Processing fee if using the expedited service.

 

Section B Summary: The L1 visa process is two-stage: USCIS petition, followed by the Embassy application. Employers should plan for variable timelines, consider Premium Processing for urgent cases, and budget for the revised 2024 fee structure, including the Asylum Program Fee and potential surcharge for certain employers.

 

 

Section C: Employer Duties and Compliance

 

Securing approval of an L1 petition is only the first step. UK employers with US operations must observe ongoing duties to remain compliant with US immigration law. This involves maintaining the qualifying relationship, keeping accurate records, and reporting material changes. Non-compliance carries serious consequences for both the business and the employee.

 

1. Maintaining qualifying relationship

 

The L1 visa depends on a valid corporate relationship between the UK and US entities. This relationship must remain in place for the duration of the employee’s stay. If the US subsidiary is sold, dissolved, or ceases operations, the employee’s L1 visa will generally be invalidated. Employers must be able to evidence the qualifying relationship at any time if requested by USCIS.

 

2. Record-keeping and reporting

 

Employers are required to maintain detailed records about the L1 employee’s employment, including:

  • Employment contracts and job descriptions.
  • Payroll, salary and benefits evidence.
  • Records demonstrating executive, managerial or specialised knowledge functions.
  • Tax and compliance documentation.

 

Material changes must be reported to USCIS, such as:

  • A change in the employee’s role or duties.
  • Relocation to another office or worksite.
  • Significant changes to salary or conditions of employment.

 

3. Risks of non-compliance

 

US immigration authorities actively monitor employer compliance. Risks of failing to meet obligations include:

  • Revocation of the employee’s L1 visa and removal from the US.
  • Financial penalties and fines against the employer.
  • Reputational damage if non-compliance is publicised.
  • Greater scrutiny of future petitions, making approvals more difficult.

 

Section C Summary: Employers must maintain the qualifying relationship, keep comprehensive records, and report material changes to USCIS. Failure to comply risks visa revocation, penalties, and long-term impact on the organisation’s ability to use the L1 visa programme.

 

 

Section D: Common Issues and Alternatives

 

Although the L1 visa provides a valuable route for UK businesses transferring staff to the United States, applications can be challenging. Strict evidential requirements and eligibility rules mean refusals are not uncommon. This section highlights common issues, alternatives to the L1, and how the route can lead to permanent residency in some cases.

 

1. Challenges in securing L1 approval

 

USCIS carefully scrutinises petitions to ensure roles meet the executive, managerial, or specialised knowledge standards. Common reasons for refusal include:

  • Vague or insufficient job descriptions that do not clearly show executive or managerial responsibilities.
  • Insufficient staffing levels to justify a genuine managerial role.
  • Specialised knowledge not being defined or proven as unique to the organisation.
  • For new office petitions, weak business plans or lack of evidence that operations will be viable within one year.

 

2. Alternatives to the L1 visa

 

If the L1 visa is not available or suitable, UK employers may consider alternatives:

  • H-1B visa: For specialty occupations requiring degree-level qualifications. Subject to annual quotas and a lottery system.
  • E-2 Treaty Investor visa: For UK nationals investing a substantial sum into a US business. Often used by entrepreneurs and investors.
  • O-1 visa: For individuals with extraordinary ability in business, science, arts, or education.

 

3. Pathway to US permanent residency

 

L1A visa holders may apply for US permanent residence through the EB-1C immigrant visa for multinational managers and executives. This route allows many executives to secure a Green Card without labour certification, providing stability for both the business and the individual. L1B visa holders generally have fewer options and may need to transition to a different visa category to pursue permanent residency.

 

Section D Summary: Refusals are often due to weak evidence of managerial or specialised roles or inadequate planning for new offices. Alternatives such as the H-1B, E-2, or O-1 visas may be available. For executives and managers, the L1A offers a potential pathway to permanent residency via the EB-1C category.

 

 

Frequently Asked Questions

 

How long is the L1 visa valid for?
L1A visas are generally granted for up to three years (or one year for new office petitions) and can be extended in two-year increments to a maximum of seven years. L1B visas are usually valid for up to three years, with extensions possible up to a maximum of five years.

Can family members accompany L1 visa holders?
Yes. Spouses and unmarried children under 21 can apply for dependent status under the L2 visa. L2 spouses are authorised to work in the United States incident to their status, provided their I-94 is endorsed with “L-2S”. Children are permitted to study but not to work.

Can an L1 visa holder change employer in the US?
No. The L1 visa is tied to the sponsoring employer and the qualifying corporate relationship. A change of employer generally requires a new or amended petition and cannot be actioned without USCIS approval.

What happens if the US or UK entity closes?
If either entity closes or the qualifying corporate relationship ends, the basis of the L1 visa falls away. The employee must depart the US or apply to change into another visa category if eligible.

 

 

Conclusion

 

The L1 visa offers UK employers a strategic means of transferring executives, managers, and specialists into a US affiliate to establish or expand operations. It enables trusted personnel to oversee American ventures, supporting continuity and growth. For executives and managers, the L1A can also lead to permanent residence through the EB-1C route.

However, the requirements are demanding. Eligibility rules must be met precisely, documentary evidence must be robust, and employers must maintain ongoing compliance to avoid penalties and visa revocation. With the revised 2024 fee structure and Premium Processing timelines now set at 15 business days, UK businesses should plan carefully for costs and processing schedules.

Section Summary: Used correctly, the L1 visa is an effective tool for UK companies to expand into the US, provided applications are well-prepared, compliance is maintained, and immigration strategy aligns with long-term business planning.

 

 

Glossary

 

Term Definition
L1 Visa A US non-immigrant visa enabling intra-company transfers to a related US entity.
L1A Visa For executives and managers taking up senior leadership roles in the United States.
L1B Visa For employees with specialised knowledge of the company’s products, services, systems, or processes.
USCIS United States Citizenship and Immigration Services, the agency that adjudicates L1 petitions.
Form I-129 Employer petition form filed with USCIS to request L1 classification.
Form I-797 Notice of action issued by USCIS confirming approval of the employer’s petition.
Form DS-160 Online non-immigrant visa application form completed for the Embassy stage.
EB-1C Immigrant visa category for multinational managers and executives leading to permanent residence.
L2 Visa Dependent visa for spouses and children of L1 holders. Spouses may work incident to status.
L-1 Blanket A framework petition allowing large multinational employers to transfer multiple employees more efficiently.

 

 

Useful Links

 

Resource Link
US L1A Visa (USCIS) Visit here
Nonimmigrant Visa Applications – US Embassy London Visit here
DS-160 Form (Department of State) Visit here
Visa Appointment Portal (AIS – UK) Visit here
L1 Blanket Fraud Fee Guidance (US State Department) Visit here
L1 Visa Information (NNU Immigration) Visit here

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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