L-1 Intracompany Transfer Visa: A Guide for Turkish Executives and Managers

The L-1 nonimmigrant visa is one of the most important immigration pathways for Turkish companies expanding into the United States. It allows Turkish companies to transfer key personnel — executives, managers, and employees with specialized knowledge — from their Turkish operations to a U.S. subsidiary, affiliate, or parent company.

The L-1 visa is particularly valuable because:

• It does not require a labor market test (unlike the H-1B)
• It is not subject to an annual numerical cap
• It provides a direct path to permanent residence through the EB-1C green card category
• It can be used to establish a new U.S. office

The L-1A visa is for employees who will be employed in the United States in an executive or managerial capacity.

Executive capacity means the employee:

• Directs the management of the organization or a major component or function
• Establishes goals and policies of the organization, component, or function
• Exercises wide latitude in discretionary decision-making
• Receives only general supervision from higher-level executives, the board of directors, or stockholders

Managerial capacity means the employee:

• Manages the organization, a department, subdivision, function, or component
• Supervises and controls the work of other supervisory, professional, or managerial employees, OR manages an essential function within the organization
• Has the authority to hire and fire or recommend personnel actions
• Exercises discretion over day-to-day operations

Duration: L-1A visas are initially granted for 3 years (1 year for new office petitions), with extensions of up to 2 years each, for a maximum stay of 7 years.

The L-1B visa is for employees who have specialized knowledge of the company's products, services, research, equipment, techniques, management, or other interests.

"Specialized knowledge" means knowledge that is:

• Special or advanced knowledge of the petitioning organization's product, service, research, equipment, techniques, management, or other interests
• An advanced level of knowledge or expertise in the organization's processes and procedures

Duration: L-1B visas are initially granted for 3 years (1 year for new office petitions), with extensions of up to 2 years each, for a maximum stay of 5 years.

To qualify for an L-1 visa, the U.S. employer and the Turkish employer must have a qualifying relationship — one of the following:

• Parent-subsidiary: The U.S. entity is a subsidiary of the Turkish entity, or vice versa
• Affiliate: Both the U.S. and Turkish entities are owned and controlled by the same parent entity
• Branch: The U.S. entity is a branch office of the Turkish entity

Ownership and control: The qualifying relationship must be based on ownership and control — not just contractual relationships. A Turkish company that has a distribution agreement with a U.S. company does not have a qualifying relationship with that U.S. company.

The L-1 beneficiary must have been employed by the Turkish entity in an executive, managerial, or specialized knowledge capacity for at least 1 continuous year within the 3 years immediately preceding the petition.

Key points:

• The 1-year employment must be with the qualifying organization (the Turkish parent, subsidiary, or affiliate)
• The employment must be outside the United States
• Brief trips to the United States during the qualifying period do not interrupt the 1-year requirement

The L-1 visa can be used to establish a new U.S. office — a U.S. entity that has been doing business for less than 1 year. New office petitions have special requirements:

• The U.S. entity must have secured sufficient physical premises (office space)
• The Turkish entity must be actively doing business
• The beneficiary must be coming to the United States to open or be employed in a managerial or executive capacity

Duration: New office L-1 petitions are approved for only 1 year (rather than 3 years). After 1 year, the petitioner must demonstrate that the U.S. office has grown to support a managerial or executive position.

The U.S. employer files Form I-129 (Petition for Nonimmigrant Worker) with USCIS, along with supporting documentation demonstrating:

• The qualifying relationship between the U.S. and Turkish entities
• The beneficiary's prior employment in an executive, managerial, or specialized knowledge capacity
• The executive, managerial, or specialized knowledge nature of the U.S. position

Processing time: Standard processing takes 3–6 months. Premium processing (Form I-907) is available for an additional fee and guarantees a decision within 15 business days.

Once the I-129 is approved, the beneficiary applies for the L-1 visa at the U.S. Consulate in Istanbul or Ankara. The consular interview typically takes 1–3 months to schedule.

Upon visa issuance, the beneficiary can enter the United States and begin working for the U.S. entity.

Turkish companies that transfer employees to the United States frequently may benefit from a Blanket L petition. A Blanket L petition allows the company to pre-approve the qualifying relationship between the U.S. and Turkish entities, so that individual employees can apply for L-1 visas directly at the consulate without filing individual I-129 petitions.

Eligibility: The petitioner must:

• Have obtained approval of at least 10 L-1 petitions in the prior year, OR
• Have U.S. subsidiaries, affiliates, or branches with combined annual sales of at least $25 million, OR
• Have a U.S. workforce of at least 1,000 employees

One of the most significant advantages of the L-1A visa is that it provides a direct path to permanent residence through the EB-1C immigrant visa category (Priority Workers: Multinational Executives and Managers).

To qualify for EB-1C, the beneficiary must:

• Have been employed outside the United States in an executive or managerial capacity for at least 1 year within the 3 years preceding the petition
• Be coming to the United States to work in an executive or managerial capacity for the same employer, a subsidiary, or an affiliate

• No labor certification required: Unlike most employment-based green card categories, EB-1C does not require PERM labor certification — a time-consuming process that can take 1–2 years
• Current priority dates: EB-1C priority dates are generally current for Turkish nationals (no significant backlog)
• Concurrent filing: In many cases, the I-140 (immigrant petition) and I-485 (adjustment of status) can be filed concurrently

A Turkish executive transferred to the United States on an L-1A visa can typically obtain a green card in 2–4 years from the initial L-1A approval, depending on USCIS processing times.

1. Plan the L-1 petition early: The L-1 process takes 3–6 months (or 15 business days with premium processing). Plan ahead to avoid delays in transferring key personnel.

2. Document the qualifying relationship thoroughly: USCIS scrutinizes the qualifying relationship between U.S. and Turkish entities. Maintain corporate records, ownership charts, and financial statements that clearly demonstrate the relationship.

3. Document the beneficiary's role carefully: The executive or managerial nature of the beneficiary's role — both in Turkey and in the United States — must be clearly documented. Generic job descriptions are insufficient.

4. Consider the EB-1C path from day one: If the goal is permanent residence, structure the L-1A petition with the EB-1C requirements in mind from the beginning.

5. Use premium processing for time-sensitive transfers: Premium processing guarantees a 15-business-day decision and is worth the additional cost for time-sensitive transfers.

The L-1 visa is an essential tool for Turkish companies expanding into the United States. It allows the transfer of key personnel without the limitations of the H-1B cap, and it provides a direct path to permanent residence for executives and managers through the EB-1C category.

ULF New York advises Turkish companies on L-1 visa petitions, new office setups, Blanket L petitions, and EB-1C green card applications. Contact us to discuss your U.S. expansion and immigration strategy.

This article is for informational purposes only and does not constitute legal or immigration advice. USCIS policies and processing times continue to evolve; consult qualified immigration counsel for current guidance.