O-1 and L-1 Visas: U.S. Work Authorization for Turkish Executives and Entrepreneurs
Turkish business leaders, senior executives, and individuals with extraordinary ability have two powerful nonimmigrant visa options for working in the United States: the O-1 and the L-1. This guide explains the eligibility criteria, petition process, and strategic considerations for each.
For Turkish executives, entrepreneurs, and professionals seeking to work in the United States, the employment-based visa landscape offers several pathways beyond the investor-focused E-2 and EB-5 categories. Two of the most strategically valuable are the O-1 Visa for individuals with extraordinary ability or achievement, and the L-1 Visa for intracompany transferees. Both offer significant advantages over the H-1B lottery system — neither is subject to an annual numerical cap.
O-1 Visa: Extraordinary Ability and Achievement
The O-1 visa is available to individuals who have demonstrated extraordinary ability in their field — defined as a level of expertise indicating that the person is among the small percentage who have risen to the very top of their field. There are two O-1 subcategories relevant to Turkish professionals:
O-1A: Sciences, education, business, or athletics. This is the relevant category for most Turkish entrepreneurs, executives, and business professionals.
O-1B: Arts, motion picture, or television industry.
Eligibility Criteria for O-1A
USCIS evaluates O-1A petitions against a list of evidentiary criteria. The petitioner must demonstrate that the beneficiary meets at least three of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field
- Membership in associations that require outstanding achievement of their members, as judged by recognized national or international experts
- Published material about the person in professional or major trade publications or major media
- Participation as a judge of the work of others in the same or allied field
- Original scientific, scholarly, or business-related contributions of major significance
- Authorship of scholarly articles in professional journals or major media
- Employment in a critical or essential capacity for organizations with a distinguished reputation
- High salary or remuneration in relation to others in the field
For Turkish entrepreneurs and business leaders, the most commonly satisfied criteria are: awards and recognition (industry prizes, Forbes lists, government recognition), media coverage in major Turkish or international publications, board memberships and advisory roles, and high compensation relative to industry peers.
O-1 Petition Process
Unlike many visa categories, the O-1 does not require a labor market test or prevailing wage determination. The petition is filed by a U.S. employer, agent, or sponsoring organization — not by the individual. This means a Turkish entrepreneur must either:
- Have a U.S. company (which they own or control) file the petition on their behalf, or
- Work with a U.S. agent who can file on behalf of multiple employers
Advisory Opinion: USCIS strongly recommends (and in some cases requires) a written advisory opinion from a peer group, labor organization, or management organization in the field. For business professionals, this typically means a letter from a relevant industry association or recognized experts attesting to the petitioner's extraordinary ability.
Initial Period: O-1 visas are granted for the duration of the event, activity, or employment — up to three years initially, with one-year extensions available indefinitely.
Processing: Premium processing (15 business days) is available for O-1 petitions, making this one of the faster visa pathways for qualified individuals.
O-1 for Turkish Entrepreneurs
The O-1A has become an increasingly popular pathway for Turkish tech founders, serial entrepreneurs, and business leaders seeking to relocate to the United States. Key factors that strengthen an O-1A petition for entrepreneurs include:
- Funding history: Venture capital investment from recognized funds is strong evidence of extraordinary ability
- Revenue and growth metrics: Demonstrable business success (revenue milestones, user growth, market share)
- Media coverage: Features in Milliyet, Hürriyet, Bloomberg HT, TechCrunch, Forbes, or similar publications
- Speaking engagements: Keynote presentations at recognized industry conferences
- Awards: Deloitte Technology Fast 50, EY Entrepreneur of the Year, government innovation awards
L-1 Visa: Intracompany Transferee
The L-1 visa allows multinational companies to transfer employees from a foreign affiliate, subsidiary, or parent company to a related U.S. entity. For Turkish companies with existing U.S. operations — or those establishing a U.S. presence — the L-1 is often the most straightforward path to bringing key personnel to the United States.
L-1 Subcategories
L-1A (Managers and Executives): For individuals who have been employed in a managerial or executive capacity abroad and are coming to the U.S. to serve in a managerial or executive role. The L-1A has a significant advantage: it is a direct pathway to the EB-1C green card (multinational manager/executive), which has no backlog for Turkish nationals and does not require a PERM labor certification.
L-1B (Specialized Knowledge): For employees with specialized knowledge of the company's products, services, research, equipment, techniques, management, or procedures. The specialized knowledge must be proprietary to the company — not general industry knowledge.
Qualifying Relationship
The L-1 requires a qualifying corporate relationship between the foreign and U.S. entities:
- Parent/Subsidiary: The U.S. entity is owned or controlled by the Turkish company, or vice versa
- Affiliate: Both entities are owned or controlled by the same parent or individual
- Branch: The U.S. entity is a branch office of the Turkish company
For Turkish companies establishing a new U.S. office, the L-1 New Office provision allows the transfer of a qualifying employee to set up operations — even before the U.S. entity has been fully established. The new office L-1 is initially granted for one year, after which the company must demonstrate that the U.S. operation has grown to support a managerial or executive position.
Prior Employment Requirement
The L-1 beneficiary must have been employed by the qualifying foreign entity for at least one continuous year within the three years preceding the petition. This employment must have been in a qualifying capacity (managerial, executive, or specialized knowledge).
L-1 Petition Process
L-1 petitions are filed by the U.S. employer with USCIS. For companies that regularly transfer employees, USCIS offers a Blanket L designation — a pre-approved petition that allows individual employees to apply directly at a U.S. consulate without filing individual I-129 petitions, significantly streamlining the process.
Initial Period:
- L-1A: Up to 3 years (new office: 1 year), extendable to 7 years maximum
- L-1B: Up to 3 years (new office: 1 year), extendable to 5 years maximum
L-1A to EB-1C: The Executive Green Card Pathway
One of the most powerful features of the L-1A is its alignment with the EB-1C immigrant visa category. After one year of employment in the U.S. in a managerial or executive capacity, an L-1A holder's employer can file an I-140 immigrant petition under EB-1C. Key advantages:
- No PERM labor certification required: Unlike most employment-based green card categories, EB-1C does not require a lengthy and uncertain labor market test
- No backlog for Turkish nationals: Turkey is not a high-demand country for EB-1C purposes
- Priority date: EB-1C is a first-preference category, meaning visa numbers are generally immediately available for Turkish nationals
The L-1A → EB-1C pathway is one of the fastest routes to a green card for Turkish executives of multinational companies.
Comparing O-1 and L-1 for Turkish Professionals
| Factor | O-1A | L-1A/L-1B |
|---|---|---|
| Eligibility basis | Extraordinary ability | Intracompany transfer |
| Employer requirement | U.S. employer or agent | U.S. affiliate/subsidiary |
| Prior employment abroad | Not required | 1 year within last 3 years |
| Annual cap | None | None |
| Initial period | Up to 3 years | 1–3 years |
| Green card pathway | EB-1A (self-petition) | EB-1C (L-1A only) |
| PERM required for GC | No | No (EB-1C) |
| Processing | Premium available | Premium available |
Strategic Considerations for Turkish Companies
Establishing a U.S. entity first: Both the O-1 (when self-petitioning through a company) and the L-1 require a U.S. corporate entity. Turkish companies should establish their U.S. subsidiary or branch before initiating visa petitions. The entity formation process typically takes 2–4 weeks.
Timing the L-1 New Office: The one-year new office L-1 requires the company to demonstrate genuine business activity and growth within that year. Turkish companies should have a realistic business plan and sufficient capitalization to demonstrate that the U.S. operation is viable.
Dual intent: Both O-1 and L-1 visas permit "dual intent" — the holder may simultaneously pursue immigrant status (a green card) without jeopardizing their nonimmigrant visa status. This is a significant advantage over visa categories like the B-1/B-2 tourist visa, which require the holder to maintain nonimmigrant intent.
ULF New York advises Turkish companies and executives on the full spectrum of work authorization strategies — from initial entity formation to visa petition preparation, consular processing, and long-term immigration planning.
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ULF New York
ULF New York legal team — New York-based attorneys advising Turkish companies and investors on U.S. market entry, corporate law, real estate, and international trade.