Businesses with foreign operations
A foreign business that is actively operating and plans to establish or develop business activity in the United States.
L-1 BUSINESS EXPANSION
Expand Your Business into the United States with the L-1 Pathway
The L-1 classification may be available to qualifying businesses seeking to transfer eligible personnel between related foreign and U.S. entities. AFG helps businesses understand the requirements, organize information and develop a clear U.S. expansion plan from the beginning.
Related U.S. & Foreign Businesses
Executive / Manager
Specialized Knowledge
New Office / Existing Operation
Who may consider L-1?
The L-1 classification is used in certain situations where a business with related foreign and U.S. operations needs to transfer eligible personnel to the United States for managerial, executive or specialized knowledge roles.
A qualifying business relationship
The U.S. business and the foreign business need a qualifying relationship under applicable rules, such as parent, subsidiary, affiliate or branch where applicable.
Eligible personnel
The employee proposed for transfer needs to meet the applicable requirements relating to prior employment with the foreign business and the intended role in the United States.
Three foundational L-1 considerations
01
Business relationship
Qualifying Relationship
The foreign business and the U.S. business need a qualifying corporate relationship, such as parent, subsidiary, affiliate or branch where the applicable definitions are met.
02
Prior foreign employment
Foreign Employment
The employee generally needs to show at least one continuous year of employment abroad with a qualifying organization within the applicable three-year period preceding the relevant time.
03
The U.S. role
U.S. Position
The intended role in the United States must correspond to the classification requested, such as managerial, executive or specialized knowledge.
Two primary L-1 classifications
L-1A and L-1B are distinguished primarily by the role and the nature of the work performed by the transferred employee.
L-1A
Managers & executives
Managers & Executives
L-1A applies to eligible personnel transferred to the United States to work in a managerial or executive role consistent with the applicable requirements.
- Executive roles
- Managerial roles
L-1B
Specialized knowledge
Specialized Knowledge
L-1B applies to certain personnel with specialized knowledge of the organization's products, services, research, equipment, techniques, management or its processes and procedures under the applicable standards.
Learn about L-1BWhere is your business in its U.S. expansion journey?
Share your business model, the proposed personnel position and your plans in the United States so AFG can begin understanding your needs.
Where is your U.S. operation today?
“New office” and an established U.S. operation describe the context of the business activity — they are not separate L-1 classifications.
New Office
Establishing or developing a new U.S. operation
Under the L-1 rules, a “new office” generally refers to an organization that has been doing business in the United States for less than one year. New office filings carry their own requirements depending on the classification and the circumstances of the business.
For an L-1A new office, the business needs to show a plan for the U.S. operation to support a managerial or executive role within one year of the petition's approval, along with the information and evidence applicable to a new operation.
Existing U.S. Operation
An established U.S. operation
For a business already operating in the United States, the review focuses on the relationship between the entities, the employee's prior employment and the intended U.S. role, along with other related requirements.
L-1 business structure
- Foreign company
- Qualifying relationship
- U.S. company / operation
- Qualifying employee
- U.S. role
Every case has its own structure and facts. Meeting one element does not mean the overall case qualifies.
How AFG works with you
01
Business & objectives review
Understanding the foreign business model, current operations, the proposed personnel and your growth objectives in the United States.
02
Expansion planning
Clarifying the direction of the U.S. operation, staffing needs and the steps to prepare based on your actual circumstances.
03
Information & document preparation
Helping organize business information, checklists and the document sets needed at each stage.
04
Coordination & follow-up
Coordinating information, timelines and appointments, and helping you track the next steps.
The L-1 process with AFG
- 01
Discuss objectives
Understanding the business, the personnel and your plans in the United States.
- 02
Review the business structure
Understanding the operations and the relationship between the foreign and U.S. entities.
- 03
Assess personnel & role
Reviewing prior employment history and the intended role in the United States.
- 04
Build the plan
Organizing the direction and the information sets that need to be prepared.
- 05
Prepare & coordinate
Consolidating information and documents and coordinating the related steps.
- 06
Follow the next steps
Helping track progress and any additional steps that arise during implementation.
Frequently asked questions about L-1
L-1 BUSINESS EXPANSION
Start by understanding your business
Every L-1 strategy begins with the business structure, relationship between the entities, proposed personnel and U.S. objectives. Share your initial information with AFG so we can help identify the next areas to explore.