The L visa is one of the most strategic tools available to companies seeking to transfer employees to the United States—whether to open a new branch, strengthen existing operations, or implement proprietary technologies and processes.
It is divided primarily into two categories: L-1A, for executives and managers, and L-1B, for professionals with specialized knowledge. Selecting the correct classification not only increases the likelihood of approval but can also have a direct impact on the long-term success of both the employee and the company in the U.S.
Who is the L-1A intended for?
The L-1A is intended for leaders who will assume strategic roles within the U.S. operation. To qualify, the employee must:
- Have worked for the foreign company for at least one year within the last three years; and
- Be coming to the U.S. to serve in an executive or managerial capacity.
Executive capacity refers to an individual who directs the management of the organization (or a major component thereof), sets strategic policies, and makes key corporate decisions, without direct involvement in day-to-day operations.
Managerial capacity refers to an individual who supervises professional employees, manages essential functions or departments, or serves as a “functional manager”—directing high-level processes or critical functions without necessarily supervising direct reports.
An L-1A classification allows an expatriated executive or manager to remain in the U.S. for up to seven years (initial period plus extensions). In cases of “intermittent” presence in the U.S. (less than 50% of the approved L-1 stay), extensions may be granted beyond the standard limit. Importantly, the L-1A also offers a fast-track to a Green Card under the EB-1C category for multinational executives and managers, without the need for labor market testing.
About the L-1B Visa
The L-1B classification is for employees whose knowledge is so unique that it cannot be readily found or developed in the U.S. labor market. This may include proprietary technology, exclusive methodologies, or deep familiarity with strategic client relationships involving complex, company-specific processes.
To qualify, the employee must:
- Have worked for the foreign company for at least one year within the last three years; and
- Possess specialized knowledge of the company’s products, services, processes, proprietary equipment, systems, or internal procedures.
Specialized knowledge must represent a competitive advantage and go beyond general experience in the field. The initial L-1B classification allows up to five years of stay (initial period plus extensions). However, if the employee is promoted to a qualifying executive or managerial role in the U.S., the maximum stay can be extended to seven years.
Three Key Questions to Determine the Correct Classification:
- What will be the employee’s role in the U.S.?
- L-1A: Strategic and leadership functions
- L-1B: Technical functions based on unique expertise
- Where will the primary impact be—management or execution?
- L-1A: Management of people, functions, or strategic initiatives
- L-1B: Implementation of critical technologies or processes
- What will the U.S. team structure look like?
- New Office (operating less than one year): Must present a business plan outlining the hiring of U.S. staff within the first 12 months.
- L-1A: Having professional-level subordinates in the U.S. strongly supports an executive/managerial claim. Absent direct reports, functional managers must present robust evidence of authority over essential functions, budgets, goals, and cross-functional/outsourced teams.
- L-1B: No supervision requirement—focus is on the application of specialized knowledge.
Regardless of category, strong documentary evidence is essential. Examples include:
- Organizational charts and job descriptions clearly showing position and reporting hierarchy;
- Proof of strategic decision-making authority (for L-1A) or concrete examples of applied specialized knowledge (for L-1B);
- Records of prior employment, such as pay statements, project documentation, letters from headquarters, and certificates of exclusive training;
- Clear explanation of why the employee is essential to U.S. operations.
How to choose the ideal L Visa
The L visa serves as a bridge connecting strategic talent and critical expertise to U.S. operations. To ensure this bridge is strong, the choice between L-1A and L-1B must align with the employee’s intended role, the operational impact, and the company’s long-term objectives.
With careful analysis and robust documentation, the transfer can strengthen the company’s U.S. presence while creating lasting opportunities for the employee.
Brazilian companies already engaged in U.S. business—and whose executives, managers, or specialists frequently enter the country for meetings, project implementation, or client support—should seriously consider the L-1 visa as a long-term legal framework for ongoing presence and operational continuity.
At Drummond Advisors, we support the entire process—from immigration strategy to tax compliance—ensuring that immigration planning is fully integrated with corporate structure, payroll, and U.S. federal and state tax obligations.
Written by Matheus Etrusco, Mid-Level Associate – U.S Immigration, and Christopher (“Chris”) Costa, Senior Associate – U.S. Immigration / Associado Sênior- Imigração EUA