How does overtime pay work on the L-1?

On the L-1, entitlement to overtime is not determined by the visa itself, but by how the employee’s role is classified under U.S. labor law. The L-1 is an intracompany transfer visa for executive, managerial, or specialized knowledge positions, but it is labor law, not the immigration category, that governs additional-hour compensation.

U.S. labor rules divide employees into two broad classes:

• ‘Exempt’: generally not entitled to overtime pay. Executive, managerial, and administrative roles typically fall here, based on their responsibilities and compensation structure.
• ‘Non-exempt’: entitled to additional pay when hours exceed the standard threshold. More technical or operational roles, without the decision-making autonomy typical of management, may fall into this class.

In other words, two L-1 professionals can be treated differently depending on the role, the actual duties performed, and the compensation structure set by the employer. The classification is assessed on a case-by-case basis.

Because rules and thresholds are updated by the relevant authority, the best approach is to confirm how your role is classified through official sources and, where possible, with guidance from specialists in labor and immigration law.

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.