L-1 Visa FAQ's
Whether you’re moving yourself or your team to the U.S., these answers will help you understand the L-1 process and how TADE supports it.
Who qualifies for an L-1 visa?
Executives, managers, or specialized knowledge employees of companies abroad who have worked there for at least one continuous year in the last three years and are being transferred to a U.S. branch, subsidiary, or affiliate.
Do I need to own the company abroad?
No, but many of our clients do. You must have worked in a managerial or executive role for at least 12 months within the last 3 years at the foreign company.
How many employees must I have?
There is no fixed minimum, but a team of at least 8–10 full-time staff abroad is a good indicator of a viable business for L-1 purposes.
What is a ‘qualifying relationship’?
A parent, subsidiary, affiliate, or branch office. TADE helps you structure the U.S. entity to reflect a proper legal and operational relationship.
How do I structure the U.S. entity?
We ensure your U.S. business structure aligns with immigration goals; entity type, ownership, and job descriptions must all reflect your executive role.
Can I bring my family with me?
Yes, your spouse and children under 21 can accompany you. Your spouse may also be eligible for work authorization.
Is there a minimum salary?
No official minimum, but it must reflect a genuine executive or managerial role. TADE helps position your role and compensation appropriately.
How long can I stay in the U.S.?
New offices get 1 year initially; established transfers may get up to 3 years. Extensions can take total stay up to 7 years for L-1A and 5 years for L-1B.
Can I use the L-1 visa to open a new office in the U.S.?
Yes. The L-1 visa is commonly used to expand a foreign business into the U.S. by opening a new office. TADE helps you structure the U.S. entity, lease office space, and build the business plan required for approval.
Can I switch from L-1 to green card?
Yes, through the EB-1C green card category. We help structure your business for long-term immigration strategy, not just a short stay.
What happens if my U.S. office isn’t profitable?
You must show progress and job creation to extend your stay. TADE helps build realistic and compliant business models that can evolve with your visa.
Do I need a physical office?
Yes, for new office petitions, a commercial lease or proof of office space is required. We assist in selecting appropriately zoned and documented locations.
What documentation do I need?
Corporate documents, tax returns, payroll, job descriptions, business plans, etc. TADE ensures these are aligned with your immigration objectives.
Can I apply while already in the U.S.?
Yes, through a change of status. However, consular processing may be more strategic in some cases.
How fast can I get approved?
With premium processing, approvals can be obtained in 15 calendar days, though the full petition must be thorough.
What are common reasons for denial?
Vague job duties, unclear ownership, and weak business structures. TADE’s structure-first approach addresses all of these proactively.
Can I hire Americans right away?
Yes, and doing so strengthens your case. We help you build hiring timelines that reflect your role and business growth.
Can I start hiring employees before my L-1 is approved?
Yes, if the U.S. entity exists, you may begin building your team. However, it’s not required before applying. TADE helps you map a hiring timeline that supports both your business goals and immigration case.
How does TADE help with business planning?
We develop the business model, job roles, and structure to reflect your leadership and align with USCIS expectations.
Can I renew or extend the visa?
Yes, if your U.S. entity is growing and meeting its business plan. TADE ensures your operational foundation supports renewal.
Is there a premium processing option?
Yes, most L-1 petitions are eligible for 15-day premium processing.
How involved do I need to be day-to-day?
You must be actively managing or directing the business. This is not a passive ownership visa. TADE helps define your role clearly in the structure.
Do I need to show profits in the first year?
Not necessarily, but you must show operational progress, job creation, and a clear plan for growth. TADE helps set milestones and structures that meet USCIS expectations, even if revenue is still developing.
What’s the difference between L-1A and L-1B?
L-1A is for executives and managers; L-1B is for employees with specialized knowledge. TADE helps you determine the best category and structure your role accordingly.
Can my company be in a service-based industry?
Yes. Many L-1 businesses are in services like consulting, tech, logistics, or healthcare. What matters is that the business is active, credible, and has growth potential. TADE helps you position your service model for success.
Can I apply for L-1 if my company is less than 3 years old?
Yes, as long as you’ve worked at the company for at least one full year in the last three and the business is active. TADE can evaluate whether your company is ready and advise on next steps.