Intracompany transfers allow multinational employers to relocate employees from a foreign office to a U.S. office. These transfers often support business continuity, knowledge transfer, leadership development, and global strategy execution. There are three primary U.S. immigration options for such transfers:
- L‑1 Visa: For temporary transfers of executives, managers, or specialized knowledge employees.
- H‑1B Visa: For temporary employment in a specialty occupation.
- EB‑1C Immigrant Visa: For permanent residence of multinational executives and managers.
Each path serves a different purpose and caters to varying long-term needs.
L-1 Visa: The Classic Intracompany Transfer Visa
Eligibility
The L-1 visa is divided into two subcategories:
- L-1A: For executives and managers.
- L-1B: For employees with “specialized knowledge.”
Eligibility requires the employee to have worked for a qualifying foreign entity of the U.S. company for at least one continuous year within the past three years immediately preceding the application.
Duration & Renewals in 2025
- L-1A: Initial stay of 1 year (for new offices) or 3 years (existing operations), renewable up to a maximum of 7 years.
- L-1B: Same structure but renewable only up to 5 years.
USCIS applies closer scrutiny to L-1B renewals, particularly regarding proof of specialized knowledge and job duties.
Advantages
- Premium processing available.
- Blanket petitions allow faster transfer of multiple employees.
- No labor condition application (LCA) required.
- No annual cap.
Challenges/Risks
- Scrutiny of L-1B “specialized knowledge” is high.
- Must demonstrate a qualifying corporate relationship.
- Document-heavy petitions.
- Increased site visits and audits.
H-1B Visa: Alternative Path for Skilled Transfers
How H-1B Differs from L-1
Unlike the L-1, the H-1B does not require prior employment abroad. It’s used for employees working in specialty occupations, typically requiring a bachelor’s degree or higher in a specific field.
When Employers Prefer H-1B Over L-1
- The role is not managerial or executive.
- No qualifying foreign entity exists.
- Employee is already in the U.S. and changing employers.
- For longer-term employment strategy or pathways to permanent residence.
H-1B CAP System in 2025: Updates and Challenges
The H-1B annual cap remains at 85,000 (65,000 regular + 20,000 U.S. master’s exemption). In 2025:
- The lottery process continues with electronic registration.
- Higher scrutiny on multiple submissions by related companies.
- Greater enforcement of fraud-prevention measures.
Compliance Obligations for HR Teams
- LCA filings with wage attestations.
- Public Access Files (PAFs) must be maintained.
- Timely amendments for worksite changes.
- Recordkeeping for I-9 and audit compliance.
EB-1C: Permanent Residence for Multinational Managers and Executives
The EB-1C green card category provides permanent residency to managers and executives who generally have similar multinational experience as L-1A holders.
Eligibility Criteria
- Must have worked for a qualifying foreign entity for at least one year in the past three years.
- Must be entering the U.S. to work in a managerial or executive capacity.
Advantages
- No labor certification (PERM) required.
- Faster green card process compared to other categories.
- Strong fit for long-term strategic placements of leadership talent.
Challenges
- Strict documentation of corporate relationships.
- Must prove organizational hierarchy and role scope.
- Processing times vary by country of birth and visa bulletin availability.
Comparing L-1, H-1B and EB-1C Visa: Which Path to Choose?
| Criteria | L-1A / L-1B Visa | H-1B Visa | EB-1C Visa |
|---|---|---|---|
| Purpose | Temporary transfer | Specialty occupation employment | Permanent residence |
| Eligibility | Prior employment abroad | Degree-based job in U.S. | Executives/managers from abroad |
| Cap | No | Yes | No |
| Max Duration | 5–7 years | 6 years | Permanent |
| Premium Processing | Yes | Yes | Yes (for I-140) |
| Ideal Use Case | Internal transfers | Hiring skilled workers | Long-term leadership placement |
Strategic Considerations for 2025
- Plan ahead for the H-1B CAP season (March–April) – our team can help you prepare and file your petitions on time.
- Use L-1B as a bridge to L-1A or EB-1C if promotion is likely.
- Start EB-1C process early for L-1A holders before maxing out visa time.
- Consider L-1 blanket petitions for high-volume global transfers.
- Prepare strong documentation, especially for L-1B “specialized knowledge.”
Common Pitfalls and How to Avoid Them
| Common Mistakes | Solutions |
|---|---|
| Inadequate documentation of corporate relationship | Prepare detailed org charts, board resolutions, contracts |
| Poorly defined job duties | Use clear, detailed descriptions with managerial/specialized elements |
| Missed visa max-out dates | Track visa timelines rigorously and file extensions early |
| Assuming eligibility for EB-1C without analysis | Conduct internal audits of job roles and hierarchy |
| Misusing L-1B category | Ensure the employee meets USCIS criteria for “specialized knowledge” |
How Can Kodem Law Help You?
Intracompany transfers are key to global mobility, with L-1, H-1B, and EB-1C options varying by role, goals, and timelines. A proactive, compliant strategy helps HR and legal teams align with business needs and the evolving U.S. immigration landscape.
Kodem Law offers strategic, customized guidance on L‑1, H‑1B, and EB‑1C pathways, ensuring your intracompany transfers align with evolving 2025 immigration standards. From compliance to petition preparation, Kodem Law helps you navigate every step with confidence and precision.
