Full-Time Work Requirement for L-1 Visa Holders

Full-Time Work Requirement for L-1 Visa Holders

The L-1 visa is designed for intracompany transfers, allowing executives, managers, and specialized knowledge employees to work in the United States for a related company. However, unlike some other work visas, L-1 status does not require all work to be performed in the U.S. According to 9 FAM 402.12-12(G), an L-1 visa holder can spend time working outside the United States as long as their full-time employment remains valid and the primary purpose of their U.S. presence aligns with L-1 status.

How Much Time Can L-1 Holders Work Outside the U.S.?

There is no set limit on how much time an L-1 visa holder can work outside the U.S., but the key factor is whether their time in the U.S. is substantial enough to justify the visa. The U.S. job must be central to their employment, and they cannot primarily work in another country while only occasionally coming to the U.S.

Examples of Acceptable L-1 Work Situations

• Likely to Qualify for L-1 Status:
  • A Canadian executive who lives in Canada but regularly travels to the U.S. branch to manage operations.
  • A manager working for a U.S. company who occasionally visits an overseas office but primarily oversees U.S. operations.
  • An employee with specialized knowledge who works on a major U.S. project while supporting international teams remotely.

Examples of Situations That May Not Qualify

• Unlikely to Qualify for L-1 Status:
  • A professional who lives in the U.S. but primarily works in Canada or Mexico, only coming to the U.S. occasionally.
  • An executive who spends most of their time outside the U.S. and only visits the U.S. branch for short meetings.
  • Someone whose main job responsibilities are abroad, with little connection to the U.S. company’s operations.

Key Considerations for L-1 Visa Holders Working Internationally

• Full-time employment is required, but not all work must be in the U.S.
• The U.S. position must remain central to the visa holder’s role.
• Frequent travel outside the U.S. is allowed, as long as the visa holder’s primary work is still for the U.S. company.
• Applicants who live in the U.S. but primarily work outside the U.S. may face difficulties maintaining L-1 status.

What Should Employers and Applicants Do?

For companies and employees managing an L-1 visa, it is important to:

• Document work responsibilities to show that the U.S. position remains a primary role.
• Maintain travel records to demonstrate compliance with the L-1 requirements.
• Consult with an immigration attorney to ensure that international work arrangements do not affect visa status.

Need Help With Your L-1 Visa Application?

L-1 visa rules can be complex, especially for executives and managers who travel frequently. If you are unsure about your eligibility or need guidance on maintaining L-1 status, consult an immigration attorney to ensure compliance with U.S. immigration laws.

Schedule a Consultation with an Immigration Lawyer