What does it mean that the L-1 visa allows 'dual intent'?+
Dual intent means you can apply for a Green Card (permanent residence) while maintaining your L-1 status without losing the visa. This is a unique advantage of L-1 compared to visas like H-1B that do not allow planning permanent immigration. You can pursue a Green Card through EB-1C (if you are L-1A) or EB-2/EB-3 (if you are L-1B) without changing your current status.
What exactly is the '1 continuous year' requirement?+
You must have worked continuously (without prolonged breaks) for 1 full year within the last 3 years for the foreign company in an executive, managerial, or specialized knowledge capacity. Vacation, maternity/paternity leave, and short absences do not break continuity. Employment breaks of more than 30 days are generally problematic and must be carefully documented.
What happens if the U.S. company stops operations after my L-1 is approved?+
If the U.S. company ceases operations or stops employing the beneficiary, L-1 status terminates. However, you have 30 days of 'grace period' to change to another status, find another employer willing to sponsor your L-1, or depart the country. It is important to document that you were terminated without fault for future immigration proceedings.
Can I transfer to a third office of the company within the U.S. while on L-1?+
Yes, you can transfer to another office of the same company or related entity without losing L-1 status. The transfer must maintain the same or equivalent position in capacity and salary. If the transfer is to a completely different company or substantially changes your role, a new I-129 petition may be required.
Are there minimum salary requirements for the L-1 visa?+
Federal law does not establish a specific minimum salary for L-1, but the employer must pay a salary that is reasonable and consistent with the industry for that position. USCIS reviews the salary as evidence that the position is genuine and the person will actually fill the promised role. Significantly low salaries may result in petition denial.
How does the L-1 differ from the H-1B in terms of requirements and flexibility?+
L-1 requires a prior corporate relationship (parent-subsidiary or affiliate) while H-1B allows any employer; L-1 does not require labor certification or annual lottery, while H-1B does; L-1 allows dual intent and employer changes with more flexibility. H-1B is better for professionals with specific skills without corporate ties; L-1 is ideal for executives and intracompany transfers.
What happens when my L-1 status expires? Can I extend it indefinitely?+
L-1A can be extended up to 7 years maximum total; L-1B up to 5 years maximum. Once the maximum is reached, you must leave the U.S. unless you obtain another status (such as Green Card or change to another visa). Extensions require new I-129 petitions and demonstration that you still meet eligibility requirements.
Is it faster to get a Green Card as L-1A via EB-1C than as an H-1B employee?+
Generally yes. L-1A and EB-1C share almost identical requirements (multinational executive/manager), so many L-1A holders get Green Cards without leaving the country and with relatively fast processing times. H-1B requires additional labor certification (PERM), which adds 1-2 years. However, exact times vary by country of origin and service backlogs.
What are the most common errors that cause L-1 petition denials?+
Common errors include: insufficient documentation of the corporate relationship, weak evidence that the employee held a qualified position abroad, vague or inflated job description in the U.S., lack of proof of active operations in both countries, and failure to demonstrate the foreign company's financial ability to support the transfer. Prior legal review prevents costly denials.
Can I travel outside the U.S. while my L-1 extension is being processed?+
If your L-1 is valid and you have an Advance Parole permit or your I-129 is pending, you can travel. However, if you leave without documented reentry protection while your L-1 status has expired, you will lose status. It is advisable to obtain Advance Parole before traveling internationally, especially if pending status changes or petitions.
What is the difference between an 'established office' L-1 and a 'new office' L-1?+
Established office is for transfers to an existing operating office; you must prove active operations and that the position is genuine. New office is for creating a new U.S. branch; it requires secured space, detailed business plan, and financial capacity, but is initially approved for only 1 year. After the first year, the new office must transition to established office requirements to extend.
