The corporate relationship comes first
The L-1 depends on a qualifying relationship between the foreign employer and the U.S. company, such as a parent, branch, subsidiary, or affiliate. That relationship has to be shown with ownership records, not only with a shared name or logo. You also need a required period of prior employment abroad with the related company, within a recent window. The L-1A covers managers and executives, while the L-1B covers people with specialized knowledge of the company's products, processes, or procedures. Large employers sometimes hold a blanket approval that allows transfers through a consulate rather than an individual petition each time.
Showing the role is what the category needs
For managers, officers look at whether you manage people or an essential function rather than performing the day-to-day work yourself. For specialized knowledge, the question is what you know that others in the industry, or even in your company, generally do not. Organization charts, job descriptions, payroll records, and project records from abroad all help. Payroll and tax records from the foreign company also help confirm the prior employment period. A new office petition draws extra scrutiny, and the first approval is shorter, with the extension depending on whether the U.S. business has grown enough to support the role. Spouses of L-1 holders are generally allowed to work.
Planning beyond the transfer
Many L-1A managers and executives later look at a green card category for multinational managers, which does not require the labor market test used in many employment cases. L-1B holders usually have a different path ahead. A first review covers the corporate structure, your history with the foreign entity, and the duties planned in the U.S. office. If the U.S. company is new, we talk about the business plan and staffing realistically, since the extension will be judged on what happened in the first period. We tell you where the filing is strong and where it is thin, without forecasting what USCIS will do.
