The L-1 visa allows companies to transfer employees from a foreign office to a related office in the United States. It is commonly used by multinational businesses to move executives, managers, and specialized knowledge employees.
While the L-1 visa can be a powerful option, many cases face Requests for Evidence, delays, or denials due to strict eligibility requirements and close scrutiny of the business relationship.
Our office assists with L-1 visa petitions, responses to government requests, and challenges to denials, including Motions to Reopen, Motions to Reconsider, Immigration Appeals, and Federal Litigation.
What Is an L-1 Visa
The L-1 visa is a temporary work visa for employees of international companies who are being transferred to a U.S. office.
There are two main types of L-1 visas:
- L-1A for executives and managers
- L-1B for employees with specialized knowledge
To qualify, the employee must have worked for the foreign company for at least one continuous year within the past three years.
The U.S. company must have a qualifying relationship with the foreign company, such as a parent, subsidiary, or affiliate.
L-1 Visa Requirements
To obtain an L-1 visa, both the employer and employee must meet specific requirements.
Key requirements include:
- A qualifying relationship between the foreign and U.S. companies
- The employee must have qualifying experience abroad
- The position in the United States must match the visa category
- The business must be active and able to support the transfer
New office L-1 petitions face additional scrutiny and require detailed documentation about business operations and future plans.
L-1 Requests for Evidence
L-1 petitions are frequently issued a Request for Evidence. These requests often focus on whether the job qualifies and whether the business relationship is valid.
Common issues include:
- Whether the role is truly managerial or executive
- Whether the employee has specialized knowledge
- Whether the companies have a legitimate qualifying relationship
- Whether the U.S. entity is actively doing business
A strong and detailed response is critical to avoid denial.
Related pages:
- USCIS RFE Response
L-1 Visa Denials
L-1 visas can be denied for a number of reasons, including:
- Failure to prove a qualifying relationship between companies
- Insufficient evidence of managerial or executive duties
- Weak documentation of specialized knowledge
- Concerns about the legitimacy of the business
If your L-1 petition has been denied, you may still have options depending on the situation.
These options may include filing a Motion to Reopen, a Motion to Reconsider, pursuing Immigration Appeals, or taking legal action through Federal Litigation or APA Lawsuits.
L-1 New Office Petitions
L-1 visas are often used to open new offices in the United States. These cases require strong documentation showing that the business will become operational and support a managerial or executive role.
New office cases are closely reviewed and are more likely to receive Requests for Evidence or denials if not properly prepared.
L-1 Visa and Green Card Options
Many L-1 visa holders pursue permanent residence in the United States.
In some cases, L-1A visa holders may qualify for employment-based green cards without going through the full labor certification process.
Related pages:
- Employment Based Green Cards
- Adjustment of Status
What to Do If Your L-1 Case Is Delayed
Delays in L-1 cases can occur due to background checks, administrative processing, or additional review by immigration authorities.
If your case has been pending for an extended period, you may have legal options to move the case forward.
Related pages:
- Mandamus Actions
- APA Lawsuits
When to Speak With an L-1 Visa Lawyer
L-1 cases often involve complex business and legal issues. You should consider speaking with a lawyer if:
- You received a Request for Evidence
- Your petition was denied
- You are opening a new office in the United States
- Your case has been delayed
- Your case involves complex corporate structures
Proper guidance can help avoid mistakes and improve your chances of approval.
Get Help With Your L-1 Visa Case
Whether you are applying for an L-1 visa, responding to a Request for Evidence, or challenging a denial, having the right strategy is essential.
Our office handles complex immigration matters nationwide, including L-1 visa denials, delays, and federal litigation. If you need help with your case, contact us to discuss your options.