Does the U.S. company need to advertise the position to U.S. workers before filing for an L-1?

No. Unlike some other work visa categories, the L-1 visa does not require the U.S. company to advertise the job opening or demonstrate the absence of available local workers before requesting the employee’s transfer.

This is because the L-1 was designed for the internal transfer of executives, managers, and employees with specialized knowledge within the same multinational organization. The analysis focuses on the relationship between the foreign entity and the U.S. unit, not on an open labor market recruitment process.

In practice, what must be established is:

• The qualifying relationship between the foreign company and the U.S. company.
• That the employee worked abroad in the required capacity.
• That the U.S. position is in a managerial, executive, or specialized knowledge role.

Because every case has its own details and rules may change, it is worth confirming current requirements with USCIS or an immigration specialist before starting the process.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.