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Find quick answers to common US visa and immigration questions from our legal experts.
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What is “dual intent” and which visas allow it?
Dual intent means you can hold a temporary visa while also intending to apply for permanent residency (a green card).
The H-1B and L-1 visas are true dual intent visas. Most others, such as B-1/B-2, E-2, and F-1, do not permit dual intent, so pursuing a green card from those visas can create complications.
The O-1 is a special case: it is not a dual intent visa by law, but in practice, both USCIS and the Department of State usually treat it as if it were.
How long does E-2 visa processing take?
E-2 visa processing typically takes two to six months from start to finish, though this varies by consulate.
The interview scheduling wait time is often the longest variable.
Some cases require additional administrative processing that adds two to eight weeks.
Can I apply for E-2 while in the United States?
Yes, if you're in a valid nonimmigrant status, you can file Form I-129 with USCIS to change to E-2 status without leaving the country.
However, USCIS processing times can be lengthy, and you'll still need to obtain a visa stamp at a consulate if you later travel abroad.
Does E-2 visa lead to a green card?
The E-2 doesn't directly lead to a green card, but E-2 holders have several pathways to permanent residence.
Options include the EB-5 immigrant investor program, EB-1A extraordinary ability, EB-2 NIW national interest waiver, or employer-sponsored green cards through the PERM process.
What is the difference between E-2 and EB-5 visas?
The E-2 is a temporary (nonimmigrant) visa with no fixed minimum investment that can be renewed indefinitely but doesn't lead directly to a green card.
The EB-5 is an immigrant visa requiring $800,000 to $1,050,000 that leads directly to permanent residence and requires creating 10 jobs.
Can I get an E-2 visa if my country isn't on the treaty list?
No, you must be a citizen of a treaty country to qualify for the E-2 visa.
If your country does not have a qualifying treaty with the United States, consider alternatives like the H-1B, L-1A, O-1A, or EB-5 depending on your qualifications.
Can my family come with me on an E-2 visa?
Yes, your spouse and unmarried children under 21 can accompany you on E-2 dependent status.
Your spouse can apply for work authorization (EAD) to work for any U.S. employer, and your children can attend school.
Can I use a loan for my E-2 investment?
Yes, you can use borrowed funds for your E-2 investment, but the loan must be secured by your personal assets, not by the E-2 business itself.
If the business serves as collateral, the funds aren't considered "at risk" because the lender, not you, would bear the loss if the business fails.
Do I need to invest everything before applying?
Most of your investment should be committed before you apply, but you don't necessarily need to have spent every dollar.
Funds in escrow that will be released upon visa approval count toward your substantial investment.
The key is demonstrating that your capital is irrevocably committed to the enterprise.
Can I switch from an E-2 visa to an L-1A visa?
Yes, but you'll need to meet all the L-1A visa requirements independently.
That means you'd need a qualifying multinational employer, at least one year of qualifying employment abroad in a managerial or executive role within the past three years, and a U.S. entity with a qualifying relationship to the foreign employer.
Simply holding an E-2 doesn't give you any advantage in the L-1A petition process.
Does the E-2 visa have a minimum investment amount?
There's no fixed minimum set by law.
USCIS and consular officers evaluate whether the investment is substantial relative to the total cost of the business.
In practice, investments of $100,000 or more tend to receive more favorable treatment, but smaller amounts can qualify for lower-cost enterprises.
Which visa offers a better path to a green card?
The L-1A offers a clearer path to permanent residence because of its dual intent status and direct EB-1C green card category.
The E-2 allows indefinite renewals but has no built-in route to a green card.
Business owners who want to stay in the U.S. permanently often find the L-1A more strategically valuable for their immigration process.
Can an L-1A visa holder start their own business in the U.S.?
The L-1A is tied to employer sponsorship by a qualifying multinational organization.
The beneficiary can't use it to launch an independent venture.
However, if you own a company abroad and open a U.S. branch or subsidiary, you may be able to petition yourself as an L-1A intracompany transferee, provided all eligibility requirements are met.
What's the difference between an L-1A executive and a manager?
An L-1A manager either supervises professional or supervisory staff (personnel manager) or manages an essential function (function manager).
An L-1A executive directs the management of the organization or a major component, makes wide-latitude decisions with limited oversight, and establishes goals and policies.
The executive role requires broader authority and a higher position in the organizational hierarchy.
Can I qualify as an L-1A functional manager if I don't manage any employees?
Yes. The functional manager category was specifically created for individuals who manage an essential function rather than a team.
However, USCIS applies heightened scrutiny to these petitions.
You'll need to demonstrate that the function is essential to the organization, that you operate at a senior level, and that your work involves directing and planning rather than performing the function's core tasks yourself.
What's the most common reason USCIS denies an L-1A petition on role grounds?
The most frequent denial reason is that the beneficiary performs primarily operational or hands-on duties rather than managerial or executive functions.
USCIS looks at how you actually spend your time, not just your job title.
If the majority of your workday involves performing the same tasks as your subordinates or doing production-level work, the adjudicator may conclude your role doesn't qualify.
Do both my foreign and U.S. positions need to be managerial or executive?
Yes. USCIS requires that the beneficiary worked abroad in a managerial or executive capacity for at least one continuous year within the three years before the transfer.
The proposed U.S. position must also be managerial or executive.
Both positions are evaluated independently, so you'll need to submit evidence and supporting documents for each role.
Can a nonprofit organization file a blanket L-1 petition?
No. Blanket petitions are only available to organizations engaged in commercial trade or services.
Nonprofits, religious organizations, and other noncommercial entities must use the individual petition route for L-1A transfers, even if they meet the other size and volume requirements.
How long is an L-1 blanket petition valid?
USCIS initially approves blanket petitions for three years.
After that, you can renew the blanket indefinitely as long as your organization continues to meet the eligibility requirements.
The blanket covers future transfers, so you don't need to refile the organizational petition each time you move a new employee.
Is the L-1 blanket visa success rate lower than individual petitions?
There's no published data comparing blanket and individual visa approval rates directly.
Consular officers adjudicating blanket beneficiaries can sometimes apply stricter scrutiny to the individual's role.
Well-prepared cases with clear managerial documentation typically do well.
The key is providing strong organizational charts and detailed role descriptions that distinguish the position from hands-on technical work.
Can I use a blanket petition for someone already in the United States?
No. Blanket petition beneficiaries must go through consular adjudication at a U.S. consulate abroad, which means they need to attend an in-person L-1 visa interview outside the United States.
If your employee is already in the U.S. and you want to avoid international travel, you'll need to file an individual petition on Form I-129 with USCIS.
Does an approved I-140 extend L-1A status beyond seven years?
No. Unlike the H-1B, where an approved I-140 enables three-year extensions beyond the six-year cap under AC21, there is no equivalent provision for the L-1A.
The seven-year maximum is a hard limit.
An I-140's value for L-1A holders is that it establishes your priority date and enables you to file I-485 when that date becomes current.
Can I change jobs on an L-1A after my I-140 is approved?
Not based on the I-140 alone. Your L-1A status is tied to your sponsoring employer.
However, if you've filed I-485 and it has been pending for 180 days or more, AC21 portability allows you to switch to a new employer in the same or a similar occupational classification without affecting your green card application.
How long can each L-1A visa extension last?
Each L-1A extension can be granted for up to two years at a time.
The total time you can spend in L-1A status is seven years, including your initial period and all extensions combined.
Time previously spent in H-1B status also counts against this seven-year cap.
Can I switch from L-1A to H-1B after my I-140 is approved?
Yes, but there are constraints.
You must make the switch before reaching the sixth year of combined H/L time, the H-1B lottery may apply, and there's no special conversion process for L-1A holders.
The advantage of switching is that H-1B holders with an approved I-140 can get three-year extensions beyond the normal six-year H-1B cap, a benefit that isn't available on the L-1A.
How long does L-1A visa processing take in 2026?
Regular L-1A visa processing time is approximately 3 to 8 months depending on the USCIS service center handling your case.
Processing times fluctuate, so check the USCIS processing times tool for current estimates.
With premium processing, USCIS guarantees an initial action within 15 calendar days.
How much does an L-1A visa cost in total?
A standard employer filing an initial L-1A petition pays approximately $2,485 in government fees.
Adding premium processing brings the total to around $5,290 through February 2026, or $5,450 starting March 1, 2026.
Large employers subject to the Pub. L. 114-113 fee pay roughly $6,985 before premium processing.
Attorney fees and relocation costs are additional.
Does the Fraud Prevention and Detection Fee apply to extensions?
The $500 Fraud Prevention and Detection Fee applies in specific situations.
Petitioners must submit this fee when seeking initial approval of L nonimmigrant status for a beneficiary.
The fee also applies when seeking approval to employ an L nonimmigrant who is currently working for another petitioner.
For blanket petitions, the fee is required when seeking approval for an L nonimmigrant to continue employment with an entity different from the previous petitioner.
In standard extensions with the same petitioner and no qualifying change, this fee is generally not required.
However, the I-129 base filing fee and the Asylum Program Fee still apply to extensions.
Can I switch from an H-1B to an L-1A visa?
Yes, if you meet the L-1A visa requirements.
You'll need to have worked for a qualifying multinational organization for at least one continuous year in the past three years, and the U.S. role must be managerial or executive.
Keep in mind that time spent in H status counts toward your L-1A maximum stay of seven years, so the sooner you switch, the more time you'll have.
Which visa has a faster green card pathway?
The L-1A generally leads to a faster green card through the EB-1C category, which does not require PERM labor certification.
H-1B holders typically go through EB-2 or EB-3, which require PERM and often involve longer processing times.
However, visa bulletin backlogs still apply to both categories depending on the beneficiary's country of birth.
Do L-1A and H-1B time count against each other?
Yes. Time spent in H and L nonimmigrant visa status counts toward the maximum stay for both categories.
If you've used four years on an H-1B and switch to an L-1A, you'll have three years remaining on the L-1A's seven-year maximum, not a fresh seven years.
This combined-time rule makes early green card planning essential for any foreign national on either visa.
Can an employee switch from L-1B to L-1A status?
Yes. If a beneficiary's role evolves from specialized knowledge work into a managerial or executive position, the employer can file a new Form I-129 petition to change the classification from L-1B to L-1A.
USCIS will evaluate the new role on its own merits, so the petition must demonstrate that the position genuinely meets the managerial or executive standard.
A successful reclassification carries two benefits.
First, the maximum stay extends to seven years (minus any time already spent in L status).
Second, the employee gains access to the EB-1C green card category, which can reshape the entire permanent residence timeline.
For companies that promote intracompany transferees into leadership, this switch is worth building into workforce planning.
Does either the L-1A or L-1B require a college degree?
No. Neither the L-1A nor the regular (individual) L-1B petition has a formal education requirement.
The L-1A is based on managerial or executive capacity, and the L-1B is based on specialized knowledge of the company rather than academic credentials.
However, L-1B petitions filed under a blanket L program do require the employee to meet additional criteria, including specific educational or experience thresholds.
This distinction sets the L-1 apart from the H-1B visa, which generally requires at least a bachelor’s degree or its equivalent as a core eligibility requirement.
Can L-1 visa holders bring family members to the United States?
Yes. Both L-1A and L-1B holders can bring their spouse and unmarried children under 21 on L-2 dependent visas.
L-2 spouses can apply for an Employment Authorization Document (EAD), which grants work authorization with any U.S. employer.
L-2 children can attend school but are not authorized to work.
Is the L-1A always the better choice if the employee qualifies for both?
In most cases, yes.
The L-1A offers two extra years of maximum stay and access to the EB-1C green card pathway, which skips PERM labor certification.
However, the petition must accurately reflect the role.
Filing an L-1A for a role that does not meet the managerial or executive standard risks a denial and delays the transfer.
If the role is genuinely a specialized knowledge position, the L-1B is the correct and stronger filing.
Does the L-1A visa require a specific degree or education?
No. The L-1A has no education requirement. USCIS evaluates whether you serve in a genuine managerial or executive capacity and whether you meet the one-year employment requirement with the qualifying foreign organization. Your L-1A visa eligibility depends on your role, responsibilities, and employment history, not your academic credentials.
Can my spouse work in the U.S. on an L-2 visa?
Yes. L-2 spouses receive employment authorization incident to their status. CBP issues an I-94 with an "L-2S" designation, which serves as proof of work authorization. A separate EAD is not required, though some L-2 spouses apply for one anyway. This makes the L-2 one of the more generous dependent visa categories for spousal employment.
Is there a lottery or annual cap for the L-1A?
No. The L-1A visa has no annual cap and no lottery. Your employer can file a petition at any time of year as long as all visa requirements are met. This is a key difference from the H-1B, which is subject to an annual cap of 85,000 and requires lottery registration.
Can I apply for a green card while on an L-1A visa?
Yes. The L-1A is a dual intent visa, so pursuing permanent residence will not affect your nonimmigrant status. Most L-1A holders pursue a green card through the EB-1C category, which does not require PERM labor certification. Your employer files Form I-140 on your behalf, and once your priority date is current, you can adjust status to permanent resident.
Does the L-1A visa lead directly to a green card?
The L-1A visa itself doesn't automatically convert to a green card, but it positions you for the EB-1C green card category. Your employer must file a separate I-140 immigrant petition on your behalf. The advantage is that EB-1C uses the same managerial and executive criteria as the L-1A, and it doesn't require PERM labor certification.
How long does it take to go from L-1A to green card?
The timeline depends on your country of birth. For most countries, EB-1 is current, so the main wait is I-140 processing (roughly 18 to 20.5 months at standard speed, or 15 days with premium processing).
For Indian nationals, add approximately 2.5 to 3 years of priority date backlog. For Chinese nationals, expect about a 2-year wait.
Concurrent filing of the I-140 and I-485 can shorten the process when your priority date is current.
Can I change employers while waiting for my EB-1C green card?
Yes, with conditions. Under AC21, once your I-140 has been approved for at least 180 days, your employer can no longer revoke it.
Your priority date is preserved, and you can use it with a new employer who files a new I-140 on your behalf.
If you've already filed your I-485 and it's been pending for 180 days, you can also port to a new employer in a same or similar role without restarting the green card process.
Do L-1B visa holders qualify for EB-1C?
No. The EB-1C category is specifically for multinational managers and executives, which aligns with the L-1A classification.
L-1B holders, who qualify based on specialized knowledge, typically pursue green cards through EB-2 or EB-3, both of which require PERM labor certification and often have longer wait times.
Can I apply for my spouse work permit before arriving in the U.S.?
Your spouse must first be in valid dependent status (H-4, L-2, or E-2) or apply for that status concurrently.
For L-2 and E-2 spouses, work authorization begins upon entry when you receive an I-94 with the "S" designation.
H-4 spouses need to file Form I-765 after arriving and being admitted in H-4 status, though concurrent filing with a change of status application is also possible.
Do E-2 and L-2 spouses still need to apply for an EAD?
No. Since USCIS policy changes in 2021 and 2022, E-2 and L-2 spouses are authorized to work incident to status.
Their I-94 annotated with "E-2S" or "L-2S" serves as proof of work authorization.
Filing Form I-765 for an EAD card is optional and only needed if the spouse wants an additional identity and employment document.
Is there a filing fee for Form G-28?
No. Form G-28 has no filing fee.
USCIS accepts it at no cost.
Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.
What is the difference between Form G-28 and Form G-28I?
Form G-28 is used for immigration matters before USCIS within the United States.
Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.
If your case is handled domestically by USCIS, your attorney will use the standard G-28.
Do I need a new Form G-28 for every case I file?
Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.
Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.
The form applies only to the specific case it is filed with and does not carry over to other matters.
Can I represent myself instead of using Form G-28?
Yes. You are always allowed to represent yourself before USCIS.
Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.
If you choose to handle your own visa process, USCIS will communicate directly with you.
However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.
Can a worker file Form I-129 on their own behalf?
No. Form I-129 must be filed by the U.S. employer acting as the petitioner.
The foreign national beneficiary cannot self-petition.
The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.
How long does it take USCIS to process Form I-129?
Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.
With premium processing (Form I-907), USCIS guarantees a response within 15 business days.
Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.
What is evidence of approved I-129 status?
When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.
This approval notice serves as official evidence of the approved I-129 status.
The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.
How much does a US work visa cost in total?
The total cost of a visa application depends on the visa type, employer size, and whether you use premium processing.
For an H-1B petition, a standard employer can expect to pay $3,380 to $7,380 in government fees alone.
Adding premium processing ($2,965) and attorney fees ($2,000 to $5,000) brings the total to roughly $5,380 to $15,345.
Other visa types like the O-1A or EB-1A have different fee structures and typically higher attorney costs.
Are USCIS filing fees refundable if my petition is denied?
No. USCIS does not refund filing fees if your petition is denied, withdrawn, or revoked.
This means a denial can be especially costly since you will need to pay the full set of government fees again if you choose to refile.
The only exception is premium processing: if USCIS does not meet the 15 business day deadline, you can request a refund of the I-907 fee.
Who pays for a US work visa, the employer or the employee?
For most employer-sponsored visas like the H-1B, the employer is legally required to pay certain fees, including the I-129 base filing fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee.
The employer cannot pass these costs to the employee.
Premium processing fees can sometimes be paid by either party, depending on who benefits from faster processing.
Consular fees and travel costs are typically the employee’s responsibility.
What is the cheapest US work visa to apply for?
The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.
However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.
The cheapest overall cost depends on both the filing fees and the complexity of your particular case.
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