Does the foreign company need to have existed for a minimum period of time to qualify for an L-1?

This question often stems from the assumption that there is a fixed number of years a foreign company must have existed to support an L-1 petition. That is not quite right: the visa focuses not on the company’s age, but on whether it is a genuine, operating entity with a qualifying relationship to a U.S. unit.

What must be established is the corporate link between the foreign company and the parent, branch, subsidiary, or affiliate in the United States, along with the employee having completed the qualifying period of employment within the corporate group before the transfer. It is that combination of structure, not a specific company lifespan, that supports the petition.

• The foreign company must be actively and genuinely operating.
• A qualifying relationship with the U.S. unit must exist.
• The employee must have completed a qualifying period of prior employment abroad within the group.

Because requirements are evaluated case by case and may change, confirm the current criteria directly with USCIS or with a qualified specialist, rather than relying on any specific number of years.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.