Question 1

Are there specific considerations for Australian nationals applying for L-1?

Accepted Answer

Australian nationals have access to the E-3 visa (specialty occupation, annual cap of 10,500), E-2 treaty investor visa, and face minimal EB-2/EB-3 backlogs. The E-3 is a significant advantage unique to Australians.

Question 2

What is the difference between L-1A and L-1B?

Accepted Answer

L-1A is for managers and executives — those who manage an organization, department, function, or component, or who direct the organization at the highest levels. L-1A can lead to an EB-1C green card (multinational manager/executive) without a PERM labor certification. L-1B is for employees with 'specialized knowledge' — deep knowledge of the company's proprietary products, services, research, or procedures. L-1B does not have the same direct green card pathway.

Question 3

Can I use L-1 to open a new U.S. office?

Accepted Answer

Yes. L-1 is frequently used by foreign companies establishing a U.S. presence. The initial visa for a new office is granted for only 1 year, giving the company time to demonstrate the U.S. office is operational and growing. After 1 year, the visa can be extended for 2-year increments. A business plan and evidence of funding/office space are required.

Question 4

How does L-1A lead to a green card?

Accepted Answer

L-1A managers and executives are eligible for the EB-1C immigrant category, which does not require a PERM labor certification (a lengthy and uncertain process). This is one of the fastest employment-based green card pathways available. To qualify, the person must have been employed as a manager/executive for at least 1 year by the petitioning U.S. employer.

Question 5

What is a blanket L petition?

Accepted Answer

Large multinational companies with a history of L-1 approvals can obtain a 'blanket L' petition from USCIS, which pre-approves the company for L-1 transfers. Individual employees can then obtain L-1 visas at U.S. consulates more quickly by referencing the blanket approval, without filing a separate I-129 for each transfer.

Question 6

Can my spouse work on L-2 status?

Accepted Answer

Yes. L-2 spouses have automatic work authorization incident to their L-2 status — they do not need to file a separate EAD application. This is a significant benefit compared to H-4 dependent spouses, who must apply for H-4 EAD separately.

L-1 Visa for Australian Nationals

L-1 considerations for Australian nationals

Eligibility requirements

Frequently Asked Questions

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