L-1 Eligibility: Qualifying Relationship, Prior Employment and Role

Immigration » L-1 visas » Eligibility and requirements

The L-1 lets a multinational company move certain employees to a related U.S. office. USCIS looks at four things: the company relationship, the employee’s time abroad, the role, and the U.S. operation.

1. Qualifying relationship between the companies

The foreign and U.S. entities must be parent, branch, subsidiary or affiliate of each other.
Ownership and control are examined. Share ownership records, stock ledgers, articles and operating agreements usually prove this.
A sole owner or a group with common control can create an affiliate relationship, but the details matter.

2. One continuous year abroad

The employee must have worked for the foreign company full time for at least one continuous year within the last three years before the petition is filed, or before entering the United States. Time spent in the United States on certain other visas can be counted in limited situations. Paid employment and a documented role are essential.

3. A qualifying role

L-1A: manager or executive duties abroad and in the U.S. role.
L-1B: specialized knowledge that is distinct or uncommon in the company’s field.

4. Doing business in both countries

Both companies must be doing business, meaning regular and continuous provision of goods or services. A shell or a mailbox does not meet the test.

Evidence USCIS usually asks for

Organization charts for both companies showing the employee’s place in the structure.
Detailed job descriptions with percentages of time for each duty.
Payroll and tax records for the foreign employment.
Proof of the U.S. entity’s premises, such as a lease.
Evidence of the foreign company’s business, such as contracts and invoices.

Common problems

Vague job descriptions that sound like ordinary employees.
Claiming management when the person mostly performs operational tasks.
Weak proof of the ownership link between the companies.
Gaps in the one year abroad.

L-1 visas guide

How our firm helps with L-1 visas

We test the qualifying relationship between the foreign and U.S. companies before filing.
We build the evidence of managerial or specialized-knowledge duties with clear job descriptions and organization charts.
We structure new-office petitions with a realistic plan for the first year.
We plan the move from L-1 to a green card through EB-1C or another category.

Situations we handle

Companies opening a U.S. branch
Specialized-knowledge employees
Extensions and amendments
L-1A managers seeking a green card

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with l-1 visas

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.