A Guide to Its Different Types
If you’re considering working in the U.S. for a multinational company or transferring from a foreign office to a U.S. branch, the L-1 visa could be your gateway to making that move. But not all L-1 visas are the same! There are two main types—the L-1A and the L-1B—and understanding the differences between them can help you figure out which one suits your situation. Let’s break it down in simple terms.
L-1 Visa Explained
The L-1 visa is a non-immigrant visa that allows companies to transfer employees from foreign offices to their U.S. offices. It’s designed for those working in specialized roles or for companies looking to expand their operations in the U.S. If you’re a manager, executive, or specialized knowledge worker, the L-1 visa might be the perfect fit.
L-1A Visa: Multinational Manager or Executive Transfer
The L-1A visa is for managers and executives who are being transferred to the U.S. office. This classification is for employees who hold high-level positions within a company. To qualify for the L-1A visa, the employee must:
- Work in a managerial or executive role: This means leading teams, managing operations, or overseeing a significant portion of the company’s activities.
- Have worked for the company abroad: The employee must have been employed with the company outside the U.S. for at least one continuous year within the last three years before applying for the visa.
- Plan to work in the same role in the U.S.: The employee will be expected to continue their managerial or executive duties at the U.S. office.
One of the major benefits of the L-1A visa is its duration. It’s granted for an initial period of one year if you’re coming to open a new office or three years if you’re being transferred to an existing office. The maximum stay can extend up to seven years for managers and executives, which is quite a long time compared to other work visas.
L-1B Visa: The Specialized Knowledge Transfer
The L-1B visa is for employees who possess specialized knowledge—the kind of expertise that’s crucial to the company’s operations but isn’t necessarily managerial or executive. It’s less about managing teams and more about the technical or specific know-how that an employee brings to the table. Examples include employees who have in-depth knowledge of a company’s unique processes, products, or services.
To qualify for the L-1B visa, the employee must:
- Have specialized knowledge: This could involve a deep understanding of the company’s processes, technologies, or products that are not commonly available in the U.S. labor market.
- Have worked for the company abroad: Like the L-1A, the employee must have been employed with the company outside the U.S. for at least one continuous year within the last three years.
- Work in a role that utilizes their specialized knowledge: The employee will be expected to bring that expertise to the U.S. office, contributing to the company’s growth and operations.
The L-1B visa is typically granted for one to three years, depending on whether the U.S. office is new or established. The total stay on an L-1B is capped at five years—shorter than the L-1A, but still plenty of time to contribute to the business and potentially transition to a more permanent status.
Different Paths to Green Card
If you’re in the L-1A category and the company wants to sponsor you for a green card, there’s also a relatively smooth transition. Many L-1A holders transition to a permanent residency (green card) by doing an I-140 petition under the EB-1C category for multinational managers and executives, which doesn’t require a labor certification (PERM), making the process faster.
The path to a green card for L-1B holders can be a bit more challenging than for L-1A holders. While it is possible to transition to a green card, it often involves a more detailed process, including obtaining a labor certification (which requires more time and effort from the sponsoring employer).
Key Differences Between L-1A and L-1B
- Job Role: L-1A is for executives and managers, while L-1B is for those with specialized knowledge.
- Duration: L-1A can be extended up to seven years; L-1B is capped at five years.
- Path to Green Card: L-1A holders have a relatively easier path to a green card through the EB-1C category, while L-1B holders may have to go through additional steps.
Which One Is Right for You?
The choice between the L-1A and L-1B depends largely on your job role and qualifications. If you’re in a leadership position with significant managerial responsibilities, the L-1A is likely the better option. If you have specialized expertise crucial to the company’s success, then the L-1B might be the way to go. Both visas offer a fantastic opportunity to live and work in the U.S. for a substantial period of time, and with the right qualifications, you might even transition to permanent residency.
At the end of the day, the L-1 visa can be a great way to take your career international—whether you’re leading a team or bringing valuable knowledge to the table!
Dodi Gomez Paloma
Visawolf, PC
Concord, California