← U.S. IMMIGRATION SERVICESL-1A & L-1B:
Multinational Transferees
L-1 visa category allows employers to move personnel from foreign subsidiaries, parent companies, affiliates, and branch offices to the employer's U.S.-based operation to engage in temporary work. Compared to the H-1B, L-1 status has numerous advantages for employers that qualify: there is no annual cap on the number of L-1s that may be issued, there are no prevailing wage or Department of Labor record requirements, filing fees for most new L-1s are substantially lower than they are for new H-1Bs, government processing is generally quicker, payment of the L-1 employee’s salary may be made by the U.S. organization or by the foreign entity.
In order to qualify for L-1 status, the beneficiary employee must meet certain eligibility requirements, and the U.S. and foreign entities must have a “qualifying relationship.”
Employee Eligibility Requirements
To qualify as an L-1 transferee, the employee of the international organization must meet the following requirements:
The foreign worker must have been continuously employed abroad by a parent, affiliate, subsidiary or branch office of the petitioning company in the United States for at least 12 months in the three years prior to the individual's application for admission in a specialized knowledge, managerial or executive capacity;
The foreign worker will be entering the U.S. temporarily in order to continue work for the same employer or its affiliate, parent or subsidiary; and
The work for which the employee is being transferred to perform must be in the United States must be managerial/executive in nature (L-1A status) or involving specialized knowledge (L-1B status).
Qualifying Relationship
The U.S. entity must be a branch office, subsidiary, parent, or affiliate of the company where the employee gained his or her qualifying experience abroad. The key question is whether the relationship between the two companies involves a sufficient level of majority ownership or control.
Here are examples of relationships that would qualify:
The U.S. entity owns 100% of the stock of the foreign entity;
The foreign entity owns 100% of the stock of the U.S. entity;
The U.S. entity owns 51% of the foreign entity;
The foreign entity owns 51% of the stock of the foreign entity;
The U.S. entity and foreign entity are each owned 51% by a third company;
The U.S. and an unrelated third company each own 50% of the foreign entity, and both owners have equal control and veto power over the foreign entity;
The U.S. company only owns 40% of the foreign entity but retains control of the company by an agreement guaranteeing it veto power, and the right to elect the majority of the board members.
The petitioning employer bears the burden of proving the existence of a qualifying relationship between the foreign and U.S. entities. A number of factors help to determine whether a qualifying relationship exists, including common name usage, regular sharing and exchange of personnel, cross directorship, sharing of technical, financial and research skills and size and general recognition of the organization as a whole. An affiliate/subsidiary relationship cannot be proven by a mere contractual agreement. Affiliates need to show that they and the U.S. company are owned by a common parent, or by the same group of individuals who own approximately the same share or proportion of each entity, or are included in an international partnership agreement used by international accounting firms.
L-1A Multinational Managers and Executives
L-1A status is for intra-company transferees working in an executive or managerial capacity.
“Executive capacity” means an assignment where the employee will:
Direct the management of the U.S. entity in the United States or a major component or function of the entity;
Establish goals and policies for the entity, or component or function of the entity;
Exercise wide latitude in discretionary decision making; and,
Receive only general supervision or direction from higher-level executives, the board of directors or stockholders.
"Managerial capacity" refers to positions where the employee will:
Manage a department, subdivision, function or component of the U.S. entity;
Supervise other managerial and/or professional level employees, or manage an "essential function" of the organization in which the employee works;
Exercise authority to hire and fire, or recommend these and other personnel actions; or, if no employees are directly supervised, functions at a senior level within the company; and,
Exercise discretion over the day-to-day operation of the activity or function for which the employee has authority.
Initial L-1A approvals may be granted for up to a three-year period. For a new business that has been in existence for less than a year, the initial approval will be granted for a one-year period. Extensions may be sought in two-year increments up to a maximum of seven years.
L-1B Specialized Knowledge
L-1B status is available for multinational transferees who possess specialized knowledge of the company's products and its application to international markets, or an advanced level of knowledge of the processes and procedures of the company. Due to concerns with abuse of the L-1 program, United States Citizenship and Immigration Services (USCIS) officers have reviewed specialized knowledge cases more closely in recent years. Pursuant to USCIS policy, specialized knowledge that relates to the company's product, must be "noteworthy or uncommon," and the employer bears the burden of proving that the L-1B employee is distinguished by some unusual qualification which is not generally held by others in the industry. Where knowledge relates to the company's processes or procedures, the employer is required to show that it is "advanced" by submitting evidence setting it apart from elementary knowledge possessed by others in the industry.
L-1 Procedures
In order to obtain L-1 status on behalf of a multinational transferee, in most cases, the employer must file an L petition at the appropriate service center with jurisdiction over the geographic region where the employment will be based. This step may be skipped for Canadian citizens, and individuals whose sponsoring employer has blanket L-1 designation (see below). While processing times can vary from service center to service center, without premium processing, typical wait times range between 4 to 8 weeks. The employer may seek “premium processing” of the petition for an additional $1,000.00 filing fee which usually results in the petition being adjudicated within 15 days of receipt by the USCIS (assuming no Request for Evidence ("RFE") is issued). Once the visa petition has been approved, the employee may apply for an L-1 visa at a U.S. consular post abroad to enter the U.S. in L-1 status. Due to interview requirements at the consulates for visa issuance, the employee becomes subject to the mercy of the consulate’s appointment calendar. Wait time for an interview can be as short as a day, or as long as a couple of months. In some cases, additional security checks are required, which may delay the process for several months.
Initial L-1B visas may be granted for up to a three-year period. L-1B holders may seek an extension in a two-year increment up to a maximum of five years. Note that if the employer seeks to switch the employee from L-1B status to managerial or executive L-1A status, the change must be made no later than six months prior to the employee's 5 year L-1B limit.
Green Card Sponsorship and the “Doctrine of Dual Intent”
Unlike most other nonimmigrant classifications, the Immigration and Nationality Act (INA) and USCIS regulations impose few restrictions on foreign nationals who are seeking permanent residency while in L-1 status. Traditionally, to be admitted into the United States, all nonimmigrants were required to prove a residence abroad for which they had no intention of abandoning. This meant that they had to convince the consular officer and/or immigration officer that they were not intending to pursue a permanent residency ("green card" status) once admitted as a nonimmigrant. Although this is still the case for most classifications, the legacy INS and later Congress began to recognize a distinction for temporary workers in H-1B, and L-1 statuses, and, to a lesser extent, workers in E-1, E-2 and O-1 statuses. This exception which is referred to as the "the Doctrine of Dual Intent" allows H-1Bs and L-1s to seek permanent residency, and actually apply for permanent residence status, without jeopardizing their H-1B or L-1 temporary status. Although USCIS policy memoranda has stated that E-1, E-2 and O-1 status holders may also seek permanent residency, the ability to file a green card (adjustment of status) application without jeopardizing one's E or O status, has yet to be established in the regulations.
Blanket L-1 Petitions
Certain large multinational companies qualify for blanket L-1 designation. Unlike regular L-1s, a company with an approved blanket L-1 may transfer employees without filing an individual petition with the USCIS, which provides substantial savings in terms of costs and time.
To qualify for blanket L-1, the U.S. based company must submit a petition to the USCIS evidencing that it meets the following requirements:
The petitioner has an office in the United States that has been doing business for at least 1 year;
The petitioner has at least 3 or more domestic and foreign branches, subsidiaries or affiliates;
Each branch, subsidiary and affiliate to be included on the blanket petition is engaged in commercial trade and services (as opposed to existing as a mere shell or holding company)
The petitioner and other qualifying entities have: obtained approval of at least ten L-1 petitions in the previous 12 months; or have U.S. subsidiaries or affliates with combined annual U.S. sales of at least $25 million; or have a U.S. workforce of at least 1,000 employees.
Benefits of L-1 Blankets
As noted above, if an employer has an approved blanket L petition, its employee need not wait through the service center processing. The entire petition on form I-129S (with supporting documents) may be mailed to the employee who simply makes an appointment for the interview and presents the application packet to the consulate. Therefore, a blanket L petition significantly cuts down on the amount of time spent waiting for processing and a transfer may be completed in as little as a few days for some consular posts.
An additional benefit to having an employee enter the U.S. pursuant to a blanket L petition is the flexibility it provides should there be any changes in the employment. For transferees holding traditional L visas, an employer must file amendments to the approved visa petition whenever the transferee transfers from one company to another within the same organization, or the organization is restructured such that employee is working for a different company. For a blanket L approval, however, a new or amended petition is only required when there is a significant change in job duties or he or she is transferred to a company not listed on the blanket.
Blanket L-1Bs and “Specialized Knowledge”
As noted above, L-1B status requires that the employee have "specialized knowledge" of the employers products, processes or procedures. Applicants for blanket L-1Bs must meet a higher standard; they must be "specialized knowledge professionals." Unfortunately, the term "profession" is not clearly defined by the Immigration and Nationality Act. Some consulates and embassies have taken the position that a profession only include occupations which normally require a bachelor's degree in a specialized field, which is as standard similar to that for H-1B status. An applicant for an L-1 blanket who does not possess such a degree may therefore be found ineligible depending on where he or she applies. We have found that many of the larger consular posts, however, have taken a much more flexible and realistic approach to determining whether an applicant meets the standard for "specialized knowledge professional.
Please contact our office should you have questions relating to a specific embassies or consulates' policies in this respect.
NAFTA L-1s for Canadian Citizens
Pursuant to the terms of the North American Free Trade Agreement ("NAFTA"), Canadian citizens are not required to obtain an L-1 visa. As with blanket L-1 applications, a petition also need not be filed with the USCIS service center prior to applying for admission. Thus, obtaining an L-1 for a Canadian can be accomplished in as little as a day or two in many cases.
Please note that, although Mexico is also a party to NAFTA, the preferential L-1 application procedures are not available to Mexican nationals. Mexicans may, however, apply for TN status under NAFTA.
L-1 Frequently Asked Questions
Individual L-1 Frequently Asked Questions
What is the L-1 eligibility criteria?
To qualify for an L-1 visa, you must have worked at a qualifying entity related to the United States company as a corporate parent, subsidiary or an affiliate for at least one year in the last three years in a managerial, executive or specialized knowledge capacity, and coming to the United States to serve in a managerial, executive or specialized knowledge capacity. There are no educational or minimum wage requirements for an individual L-1.
What are the steps in the L-1 application process?
Once your employer initiates L-1 petition preparation with our office, you will be provided with further instructions on the process. We will be communicating with you to collect the required details and evidence. Once we have obtained them, we will prepare the L-1 petition and collect the necessary company signatures for submission to the USCIS. Once the L-1 petition has been approved, we will provide guidance on scheduling an L-1 visa appointment at the appropriate U.S. Embassy / Consulate abroad.
How long does it take to obtain L-1 approval?
This is a two-step process that is expected to take approximately 12 weeks, which includes:
L-1 petition preparation and USCIS adjudication: This includes the preparation of the L-1 petition (2 weeks), and petition review by the USCIS (up to 15 business days, it may take longer if the USCIS requests additional information or evidence).
L-1 visa appointment booking at the U.S. Embassy / Consulate. L-1 visa appointments are generally readily available, although it may depend on location and seasonal factors. If the application is approved, the visaed passport is typically returned in 3-5 business days. However, visa processing may take longer if your application is referred for administrative processing, which may take 2-6 weeks or several months, depending on the situation. You should not make unchangeable plans to relocate to the U.S. until the L-1 visa has been issued and delivered to you.
For how long will my L-1 status be valid?
Initial L-1 approvals may be granted for a 3-year period by the USCIS, while the U.S. Embassy / Consulate will typically issue L-1 visas valid for 5 years. Persons from certain countries, however, may be issued visas for a shorter time period based on a " reciprocity " arrangement between the United States and their home country. For example, L-1 visas for Chinese nationals have a maximum validity period of 24 months, whereas the maximum L-1 visa validity period for French nationals is 17 months.
The L-1 visa validity period does not determine how long you are authorized to stay in the United States. The terms of your stay is determined by the Customs and Border Protection (CBP) officer who inspects your passport each time you enter the U.S.. Your authorized period of stay is indicated on your I-94 arrival-departure record, which may be obtained online once you have entered the United States (see Additional FAQs/How Do I obtain a copy of my I-94 arrival-departure record? Later in this document for further details).
Regardless of the visa validity period, L-1 nonimmigrants are typically granted a 3-year period of stay, matching the 3-year L-1 petition approval granted by the USCIS. It is possible that you will be granted a shorter time period depending on various factors, such as your passport expiration date.
What is the maximum time-period that I may work in L-1 status?
The maximum amount of time allowed in L-1 status is 7 years for individuals holding managerial and executive positions in the U.S., and 5 years for specialized knowledge employees. Extensions are granted in 2-year increments until the maximum time limit is reached.
If you have held H-1 status in the U.S. previously, this time may be counted against your 5/7 year-maximum. Note that only time physically spent in the U.S. counts against the time limit.
What documents do I need to bring when I start work?
You may commence L-1 employment once you have been admitted into the United States in L-1 status. You must present your passport and I-94 arrival-departure record showing L-1 status to your company ' s designated HR representative within 3 days of starting work for employment verification purposes.
Do I need a Social Security Number to start work?
No. You are not required to have a valid Social Security Number (SSN) to start working in L-1 status. You may be onboarded and begin employment before SSN issuance. The SSN does not serve as evidence of work authorization and is used by your employer for the sole purpose of withholding taxes. Although the SSN is not required for you to start work, not having it may result in complications relating to payroll and tax withholding
How do I apply for a Social Security Number?
Unless you have been issued an SSN in the past, you will need to apply for an SSN. You must start the SSA application process online at https://www.ssa.gov/numbercard/request-number-first-time and self-schedule an appointment with a local Social Security office or card center by creating an account at https://login.gov. Further details may be found on SSA’s information sheet. To minimize appointment wait times, we recommend that you begin the online application from abroad and book your SSA appointment ahead of time.
How do I apply for a Social Security Number?
You should complete your SSN application by appearing for an appointment with the SSA office as soon as possible upon your U.S. arrival in L-1 status.
What if issuance of my Social Security Number is delayed?
Although the SSN Card will usually be mailed within 14 business days after the appointment, occasional delays are possible. Please contact your company’s designated HR/immigration representative if you experience delays.
Who do I notify if I change my address?
You must notify the USCIS directly, for you and each of your family members, within 10 days of changing address. The change may be reported online at https://www.uscis.gov/ar-11. As a newly arrived L-1 worker, you do not need to report your first address in the U.S. if the same address was indicated on your arrival card (CBP Home arrival form). If you move to a different address, you must submit Form AR-11.
For further details, please see: https://www.golawcorp.com/alienregistrationchangeofaddress-faqs. You should also notify your company 's HR department and our office.
What is the Registration Requirement?
The vast majority of L-1 and L-2 nonimmigrants will have completed the Alien Registration process upon admission to the U.S.. However, one notable exception is L-2 children who arrive in the U.S. while under age 13. Parents are required to register their child(ren) once they turn 14. This is done by filing Form G-325R electronically through the USCIS website, at https://www.uscis.gov/forms/all-forms/g-325r.
For further details, please see https://www.golawcorp.com/alienregistration-changeofaddress-faqs. Note that children born within the United States are U.S. citizens at birth and are not required to register.
How do I obtain a copy of my I-94 arrival-departure record?
This can be obtained online at https://i94.cbp.dhs.gov/I94. A new record is created every time you and your dependents enter the United States.
The I-94 is an important document that specifies the length of your authorized stay. As CBP officers sometimes make errors on the I-94, it is critical that you review the I-94 record each time you enter the U.S. so that we may request correction where appropriate.
What do I do when there is a change to my L-1 employment?
Please advise your company’s HR department and our office of any anticipated changes in the employing entity, your job title, duties, work location (including off-site and remote employment), and salary.
It is critical that any potential changes be reviewed beforehand to determine whether an amended L-1 petition needs to be filed with the USCIS. If so, it may be necessary to wait for USCIS approval before position changes go into effect.
What should I do when I have to take an assignment abroad, or an extended leave of absence without pay?
Please advise HR well in advance, as it may impact your immigration status.
What should I do when I have to take an assignment abroad, or an extended leave of absence without pay?
Please advise HR well in advance, as it may impact your immigration status.
If I am terminated for any reason, what will happen to my L-1 status?
Under current regulations, you may benefit from a discretionary grace period of up to 60 days or the expiration date of your I-94 record, whichever is sooner. Unless you are eligible for a grace period, you must depart from the U.S. or change to another visa status right away once your employment is terminated.
May my dependent family members accompany me to the United States during my L-1 work assignment?
Yes. Your spouse and children under the age of 21 may accompany you during your L-1 assignment as L-2 dependents.
How do my dependents apply for dependent L-2 status?
Your dependent family members may apply for L-2 visas with you when you apply for your L-1 visa. They may also apply after your L-1 visa is issued. Please refer to our memo on the L-1 and L-2 visa process for more details. If your dependent family members are citizens of Canada, it is generally not necessary for them to apply for L-2 visas, as they are visa-exempt.
Can my accompanying spouse work?
Upon arrival in the United States in L-2 status, your spouse will be automatically authorized to engage in employment.
Can my accompanying spouse work?
No. Your children may not work in the U.S. in L-2 dependent status. They will need their own independent work-authorized status to accept employment.
Can my accompanying spouse and children obtain Social Security Numbers?
The SSA generally only issues SSNs to persons with work authorization. Because your spouse will be eligible for work authorization, he/she may apply for an SSN immediately upon U.S. arrival in L-2 dependent status. Your children are not eligible for work authorization in L-2 status and therefore would not be eligible for SSNs.
Can my unmarried domestic partner accompany me during my L-1 assignment?
Unless you are married, your partner will not be eligible for L-2 dependent status. Under limited circumstances, regulations allow for an individual to enter in B-2 visitor status to accompany their domestic partner working in L-1 status. Generally, you will need to show that you have been living together with your domestic partner for at least a year. Note that consular officers and Customs and Border Protection Agency officers may be reluctant to approve B-2 applications for domestic partners. Please also note that B-2 status does not provide work authorization and is subject to many more restrictions than L-2 status. Please refer to our memo on domestic partners for more information on the requirements and restrictions for B-2 domestic partner applications, and contact our office if your domestic partner will be making a B-2 application.
Can other household members (e.g., adult children, elderly parents) accompany me during my L-1 assignment?
L-1 dependent status is reserved for spouses and children under the age of 21. As is the case with unmarried domestic partners, however, it may be possible for other household members to accompany you in B-2 status. Please contact our office if you plan to have other household members accompany you during your L-1 assignment.
USMCA L-1 Frequently Asked Questions
What is the USMCA (formerly NAFTA) L-1 eligibility criteria?
USMCA (formerly NAFTA) L-1 classification is a special kind of L-1 multinational transferee status. For a Canadian citizen to qualify, you must have worked at a qualifying entity related to the United States company as a corporate parent, subsidiary or an affiliate for at least one year in the last three years in a managerial, executive or specialized knowledge capacity, and coming to the United States to serve in a managerial, executive or specialized knowledge capacity.
What are the steps in the USMCA (formerly NAFTA) L-1 application process?
Once your employer initiates the process with our office, you will be provided more instructions on the process. Once we have the required materials, we will prepare the application documents. We will then send you the application materials signed by your employer, and schedule a call for one of our attorneys to go over the application process with you.
How long does it take to obtain a USMCA (formerly NAFTA) L-1 approval?
The NAFTA (USMCA) L-1 application is processed on the spot at a U.S. Preflight Inspection station at an international Class A airport in Canada, or at a U.S. Port of Entry at a U.S. – Canada land border.
How long does it take to obtain a USMCA (formerly NAFTA) L-1 approval?
Initial L-1 approvals are typically granted for a 3-year period, and you will generally be admitted for the same 3-year period for your subsequent U.S. entries. The period you are authorized stay is determined by the Customs and Border Protection (CBP) officer who inspects your passport each time you enter the country. The expiration date of this period of authorized to stay is indicated on your I-94 arrival departure record, which can be accessed through the CBP website at https://i94.cbp.dhs.gov/I94 once you have entered the United States.
You may be issued a shorter time period depending on various factors, including your passport expiration date. CBP officers also sometimes issue incorrect I-94 expiration dates. It is therefore critical that you review the I-94 expiration date each time you enter the country.
What is the maximum time-period that I may work in L-1 status?
The maximum amount of time allowed in L-1 status is 7 years for individuals holding managerial and executive positions in the U.S., and 5 years for specialized knowledge employees. Note that if you have spent time working in the U.S. in H-1 status previously, this time will be counted against your 5/7 year-maximum. Conversely, time spent in L-1 status is counted against the six-year H-1B maximum time limit.
What documents do I need to bring when I start work?
You may commence employment for the sponsor of your USMCA (formerly NAFTA) L-1 application once you have been admitted to the United States in USMCA (formerly NAFTA) L-1 status. You must present your passport and I-94 arrival-departure record showing your USMCA (formerly NAFTA) status to your company ' s designated HR representative within 3 days of starting work for employment verification purposes.
What documents do I need to bring when I start work?
No. You are not required to have a valid Social Security Number to start work in the United States in USCMA (formerly NAFTA) L-1 status. The Social Security Number does not provide evidence of work authorization, and is used by your employer solely for purposes of withholding taxes.
What documents do I need to bring when I start work?
You may commence employment for the sponsor of your USMCA (formerly NAFTA) L-1 application once you have been admitted to the United States in USMCA (formerly NAFTA) L-1 status. You must present your passport and I-94 arrival-departure record showing your USMCA (formerly NAFTA) status to your company ' s designated HR representative within 3 days of starting work for employment verification purposes.
Do I need a Social Security Number to start work?
No. You are not required to have a valid Social Security Number to start work in the United States in USCMA (formerly NAFTA) L-1 status. The Social Security Number does not provide evidence of work authorization, and is used by your employer solely for purposes of withholding taxes.
How do I apply for a Social Security Number?
You may apply for a Social Security Number (SSN) upon arrival in the United States using form SS-5. Note that you will need to apply for the card in person at the local Social Security Administration (SSA) office. Your SSN card will be mailed to you when ready. You may find the closest SSA office and further instructions on applying through the SSA website at ssa.gov/locator.
When should I apply for the Social Security Number?
You should apply for your SSN as soon as possible upon entering the country in L-1 status (unless you have been issued a Social Security Number in the past). Although the SSN is not required for you to start work, not having the number as soon as you are ready to start work may result in delays and other complications relating to payroll and tax withholding.
What if issuance of my Social Security Number is delayed?
Although SSN’s are typically swift upon application, in some cases it could take several weeks for the number to be issued. Please contact your company’s designated HR/immigration representative if you experience delays.
Who do I notify if I change my address?
You must notify the USCIS directly, for you and each of your family members within 10 days of changing address. The change may be reported online, at https://www.uscis.gov/ar-11. You should also notify your company ' s HR department and our office.
How do I obtain a copy of my I-94 arrival-departure record?
This can be obtained online at https://i94.cbp.dhs.gov/I94 everytime you and your dependents enter the United States.
This is an important document that specifies the length of your authorized stay, and occasionally the Customs and Border Protection Agency makes mistakes. Your I-94 record will be reviewed for accuracy, and corrections requested where appropriate.
What do I do when there is a change to my USMCA (formerly NAFTA) L-1 employment?
Please advise your company’s HR department and our office on any changes in the employing entity, your job title or duties, job location, off-site employment (including remote employment) and salary.
What should I do when I have to take an extended leave of absence without pay or an assignment abroad?
Please advise HR well in advance as it may impact your immigration status.
If I am terminated for any reason, what will happen to my USMCA (formerly NAFTA) L-1 status?
Under current regulations, a discretionary grace period of up to 60 days or the expiration date of your I-94 record, whichever is shorter, may be exercised by USCIS. Unless you have been granted this grace period, you must depart from the U.S., or change to another valid status right away once your employment is terminated.
May my dependent family members accompany me to the United States during my L-1 work assignment?
Yes. Your spouse and children under the age of 21 may accompany you during your L-1 assignment, by applying for L-2 dependent status.
How do my dependents apply for dependent L-2 status?
If your dependent family members are citizens of Canada, they may apply for L-2 status with you when you apply for your L-1. They may also apply after you have been granted L-1 status. If they are not Canadian citizens, they will need to apply for their visas at a U.S. Embassy or Consulate after you have been granted L-1 status.
Can my accompanying spouse work?
Upon arrival in the United States in L-2 status, will be employment authorized incident to status and does not need to apply for an Employment Authorization Document (EAD.)
Can my accompanying children work in L-2 status?
No. Your children may not work in the US in L-2 dependent status. They would need their own independent work-authorized status to accept employment
Can my accompanying spouse and children obtain Social Security Numbers?
The Social Security Administration (SSA) generally only issues social security numbers to persons with work authorization. Because your spouse is eligible for work authorization he/she may apply for a social security number as soon as he/she enters the United States in L-2 dependent status. Your children are not eligible for work authorization in L-2 status and therefore would not be eligible for a social security number.
Can my unmarried domestic partner accompany me during my L-1 assignment?
Unless you are married, your partner will not be eligible for L-2 dependent status. Under limited circumstances, regulations allow for unmarried domestic partners to enter in B-2 visitor status to accompany their domestic partner working in L-1 status. Generally, you will need to show that you have been living together with your domestic partner for at least a year. Note that consular officers and Customs and Border Protection Agency officers are more reluctant to approve B-2 applications for domestic partners than they are for married partners applying for L-2 status. Please also note that B-2 status does not provide work authorization, and is subject to many more restrictions than L-2 status. Please refer to our memo on domestic partners for more information on the requirements and restrictions for B-2 domestic partner applications, and contact our office if your domestic partner will be applying as a B-2.
Can other household members (e.g., adult children, elderly parents) accompany me during my L-1 assignment?
L-1 dependent status is reserved for spouses and children under the age of 21. As is the case with unmarried domestic partners, however, it may be possible for other household members to accompany you in B-2 status. Please contact our office if you plan to have other household members accompany you during your L-1 assignment.
L-1 Blanket Visa Frequently Asked Questions
What is the L-1 Blanket eligibility criteria?
L-1 Blanket classification is a special kind of L-1 multinational transferee status reserved for relatively large multinational companies, who have obtained "blanket" approval to transfer workers from related companies outside the United States in L-1 multinational transferee status. To qualify, you must have worked at a qualifying entity listed on the United States company’s blanket approval notice on file with the USCIS for at least one year in the last three years in a managerial, executive or specialized knowledge capacity, and coming to the United States to serve in a similar managerial, executive or specialized knowledge capacity. Unlike regular L-1s, if you will be coming to the United States as a specialized knowledge worker under your employer’s blanket approval, you must be a " professional, " which generally means that you hold at least a bachelor’s degree.
What are the steps in the L-1 Blanket application process?
Once your employer initiates the process with our office, you will be provided more instructions on the process. Once we have the required materials, we will instruct you to schedule an L-1 blanket visa appointment at the appropriate United states consulate or embassy abroad. We will then send you the application materials signed by your employer, and schedule a call for one of our attorneys to go over the application process with you.
How long does it take to obtain a Blanket L-1 visa?
The L-1 Blanket application process generally takes 4-6 weeks. However, processing for specific cases could take significantly longer, depending on the consulate or embassy where the application will be made, and whether your application is referred for administrative processing. Some applications can take several months. You should not make unchangeable plans to relocate to the United States until the L-1 blanket visa is actually issued, and delivered to you by the U.S. consulate or embassy.
For how long will my L-1 visa be valid?
Blanket L-1 visas are generally granted for a validity period of 5 years. Persons from certain countries, however, may be issued visas for a shorter time-period based on a " reciprocity " between the United States and that country. L-1 visas for Chinese nationals, for example, are only issued for 24 months at a time.
Note that the L-1 visa that is issued to you by the United States consulate or embassy does not determine how long you are authorized to stay in the United States. The period you are authorized to stay is determined by the Customs and Border Protection (CBP) officer who inspects your passport each time you enter the country. The expiration date of this period of authorized stay is indicated on your I-94 arrival departure record, which can be accessed through the CBP website at cbp.gov/I-94 once you have entered the United States.
Although you may be issued an L-1 visa that is valid for up to five years, you will be admitted by the CBP officer for no more than three years each time you enter the country in L-1 status, and you may be issued a shorter time-period depending on various factors, including your passport expiration date, the expiration of sponsoring employer’s blanket L-1 approval (if any), the amount of time you have already spent in the United States in H-1 or L-1 status, and the validity dates written by the consular officer on your I-129S L-1 blanket petition form. CBP officers also sometimes issue incorrect I-94 expiration dates. It is therefore critical that you review the I-94 expiration date each time you enter the country.
What is the maximum time-period that I may work in L-1 status?
The maximum amount of time allowed in Blanket L-1 status is 7 years for individuals holding managerial and executive positions in the U.S., and 5 years for specialized knowledge professional employees. Note that if you have spent time working in the U.S. in H-1 status, this time will be counted against your 5/7 year-maximum. Conversely, time spent in L-1 status is counted against the six-year H-1B maximum time limit.
What documents do I need to bring when I start work?
You may commence employment at the sponsor of your L-1 visa once you have been admitted to the United States in Blanket L-1 status. You must present your passport, and L-1 I-94 arrival-departure record to your company’s designated HR representative within 3 days of starting work for employment verification purposes.
What documents do I need to bring when I start work?
No. You are not required to have a valid Social Security Number to start work in the United States in L-1 blanket status. The Social Security Number does not provide evidence of work authorization, and is used by your employer solely for purposes of withholding taxes.
How do I apply for a Social Security Number?
You may apply for a Social Security Number upon arrival in the United States using form SS-5. Note that you will need to apply for the card in person at the local Social Security Administration (SSA) office. In most cases the SSN is issued on the same day. You may find the closest SSA office and further instructions on applying through the SSA website at https://ssa.gov/locator.
What documents do I need to bring when I start work?
You should apply for your Social Security Number as soon as possible upon entering the country in L-1 status (unless you have been issued a Social Security Number in the past). Although the SSN is not required for you to start work, not having the number as soon as you are ready to start work may result in delays and other complications relating to payroll and tax withholding.
What if issuance of my Social Security Number is delayed?
Although SSN's are typically ended immediately when you apply, in some cases it could take several weeks for the number to be issued. Please contact your company’s designated HR/immigration representative if you are not issued a number right away.
Who do I notify if I change my address?
You must notify the USCIS directly, for you and each of your family members within 10 days of changing address. The change may be reported online, at https://www.uscis.gov/ar-11. You should also notify your company’s HR department and our office.
Copy of your I-94 arrival-departure record
This can be obtained online at https://i94.cbp.dhs.gov/I94 every time you and your dependents enter the United States.
This is an important document that specifies the length of your authorized stay, and occasionally the Customs and Border Protection Agency makes mistakes. Your I-94 record will be reviewed for accuracy, and corrections requested where appropriate.
Changes to your Blanket L-1 employment
Including any changes in the employing entity, your job title or duties, job location, offsite employment (including remote employment) and salary.
Extended leave of absence without pay or assignments abroad
Please advise HR well in advance as it may impact your immigration status.
If I am terminated for any reason, what will happen to my blanket L-1 status?
Under current regulations, there is no grace period for workers in Blanket L-1 status. Once you are terminated, you must depart from the U.S., or change to another valid status right away.
May my dependent family members accompany me to the United States during my L-1 work assignment?
Yes. Your spouse and children under the age of 21 may accompany you during your L-1 assignment, by applying for L-2 dependent visa status.
How do my dependents apply for dependent L-2 visas?
Your dependent family members may apply for L-2 visa with you when you apply for your L-1 visa. They may also apply after your L-1 visa is issued. Please refer to our memo on L-1 and L-2 visa process for more details.
Can my accompanying spouse work?
Upon arrival in the United States in L-2S dependent spouse status, your spouse will be automatically authorized to engage in employment.
Can my accompanying children work in L-2 status?
No. Your children may not work in the US in L-2Y dependent child status. They would need their own independent work-authorized status to accept employment.
Can my accompanying spouse and children obtain Social Security Numbers?
The Social Security Administration (SSA) generally only issues social security numbers to persons with work authorization. Because your spouse is eligible for work authorization he/she may apply for a social security number as soon as they enters the United States in L-2 dependent status. Your children are not eligible for work authorization in L-2 status and therefore, would not be eligible for a social security number.
Can my unmarried domestic partner accompany me during my L-1 assignment?
Unless you are married to your domestic partner, he/she will not be eligible for L-2 dependent status. Under limited circumstances, Department of State regulations allow for unmarried domestic partners to enter in B-2 visitor status to accompany their domestic partner working in L-1 status. Generally, you will need to show that you have been living together with your domestic partner for at least a year. Note that consular officers are more reluctant to approve B-2 visas for domestic partners than they are for married partners applying for L-2 visas. Please also note that B-2 status does not provide work authorization, and is subject to many more restrictions than L-2 status. Please refer to our memo on domestic partners for more information on the requirements and restrictions for B-2 domestic partner applications, and contact our office if your domestic partner will be applying as a B-2.
Can other household members (e.g., adult children, elderly parents) accompany me during my L-1 assignment?
L-2 dependent status is reserved for married spouses, and children under the age of 21. As is the case with unmarried domestic partners, however, it may be possible for other household members to accompany you in B-2 status if you can show evidence that they have been living with you for at least a year. Please contact our office if you plan to have other household members accompany you during your L-1 assignment.