L-1 Visa

There are two primary L-1 classifications:

• - L-1A: For executives and managers who direct company operations or oversee major business divisions.

- L-1B: For employees with specialized knowledge essential to the company’s products, processes, or management systems.

SJKP LLP helps clients determine which category best fits their role and prepare documentation that aligns with USCIS standards.

To qualify, the applicant must:

• - Have worked for a foreign company affiliated with the U.S. entity for at least one continuous year within the past three years.

- Be transferring to a U.S. office to serve as an executive, manager, or specialized knowledge employee.

- The U.S. company must have a qualifying relationship with the foreign entity (parent, subsidiary, affiliate, or branch).

Our firm ensures that corporate structures, financials, and employment histories are meticulously documented to demonstrate eligibility.

• - L-1A: Initially valid for up to three years, renewable in two-year increments for a maximum of seven years.

- L-1B: Valid for up to three years, renewable for a maximum of five years.
For new U.S. offices, the initial approval period is limited to one year pending proof of operational growth.

The foreign company must demonstrate:

• - Sufficient physical office space in the U.S.

- Financial ability to support operations and pay employee salaries.

- A realistic business plan showing projected growth and hiring.

- Active business operations abroad that will continue during the executive’s U.S. assignment.

SJKP LLP assists with entity formation, lease documentation, business plan development, and payroll setup to ensure compliance and approval success.

At renewal, the company must prove that the new office is fully operational—employing staff, generating revenue, and supporting the executive role.
We prepare comprehensive renewal packages with organizational charts, tax filings, and performance reports to demonstrate sustained business activity.

Executives and managers transferred under L-1A may qualify for a green card through the EB-1C multinational executive category, bypassing labor certification.
Our attorneys structure L-1 filings with future EB-1C eligibility in mind, ensuring continuity and compliance from the outset.

USCIS must be satisfied that the U.S. and foreign companies share ownership or control.
We submit corporate records, stock certificates, organizational charts, and financial documents that clearly demonstrate this relationship.

Applicants must provide detailed job descriptions and evidence of executive, managerial, or specialized duties performed abroad.
We help clients draft precise role descriptions supported by organizational charts and payroll records.

The petition is submitted to USCIS with Form I-129, supporting exhibits, and a legal memorandum summarizing compliance with 8 CFR §214.2(l).
SJKP LLP prepares cohesive, evidence-driven filings that preempt common RFE triggers such as insufficient proof of control or vague job functions.

• - Vague definitions of “managerial” or “executive” duties

- Lack of subordinate staff or organizational hierarchy

- Insufficient business activity for new offices

• - Inadequate proof of “specialized knowledge”

- Generic or industry-wide skills mistaken for proprietary expertise

Our attorneys prepare responses supported by corporate charts, workflow documentation, and affidavits showing how the applicant’s role is integral and unique.

We develop RFE-proof filings by aligning business realities with regulatory expectations—anticipating potential USCIS challenges before submission.

Any change in job title, salary, or duties must remain consistent with the original petition.
Material changes require amended filings to preserve lawful status.

L-1 visa holders can travel internationally but must carry valid approval notices and documentation showing continued employment.
We provide checklists and reentry preparation for smooth CBP inspection.

Spouses and unmarried children under 21 of L-1 holders are eligible for L-2 visas.
Spouses may apply for work authorization (EAD), offering families greater flexibility.
SJKP LLP assists with concurrent filings and renewal coordination.

L-1A executives can transition to EB-1C, an immigrant visa category for multinational managers or executives.
We ensure that company documentation, role descriptions, and organizational structures meet both nonimmigrant and immigrant standards for a seamless transition.

Unlike many temporary visas, the L-1 allows dual intent—meaning holders may lawfully pursue permanent residency without jeopardizing their nonimmigrant status.

SJKP LLP coordinates long-term immigration strategies for corporate clients—synchronizing L-1, EB-1C, and dependent status planning across global offices.

You must have worked for the qualifying foreign company for at least one continuous year within the last three years.

Yes.
L-1A holders may directly apply under EB-1C without labor certification, while L-1B holders may pursue other employment-based categories.

Yes.
L-2 spouses may obtain an Employment Authorization Document (EAD), allowing them to work freely in the U.S.

Profitability is not mandatory at the outset, but the company must demonstrate active business operations and a credible plan for growth during renewals.