Intracompany Transfers From Petition to RFE Response Free Consultation

L-1 Visa Lawyer in Philadelphia, PA

Full-Service L-1 Representation for Employers & Transferees

L-1 petitions can look straightforward on paper. In practice, USCIS scrutinizes corporate relationships, questions whether managerial roles meet the legal standard, and issues a Request for Evidence (RFE) that can stall a transfer for months. Henry & Grogan represents Philadelphia-area employers and their transferees through every stage of the L-1 process: from initial petition preparation through federal court intervention when something goes wrong. Partner Michael S. Henry has practiced immigration law since 1987 and has argued before the Third Circuit Court of Appeals. Partner Devin E. Grogan is a member of the American Immigration Lawyers Association and has obtained emergency injunctions in federal district court to prevent deportation. Both bring litigation depth that many immigration practices don’t offer.

To discuss your L-1 transfer strategy with our attorneys, call (215) 568-1500 or reach out online to schedule your free consultation.

L-1 Visa Types: Choosing the Right Classification

The L-1 category covers two distinct employee types. Getting the classification right matters not just for the visa itself, but for the employee’s long-term path to permanent residence.

L-1A Visa for Executives & Managers

The L-1A is for employees who will serve in an executive or managerial capacity in the U.S. An executive must direct the management of the organization or a major component of it, establish goals and policies, and exercise wide latitude in discretionary decision-making. A manager must oversee a department, subdivision, function, or component and hold genuine authority over personnel decisions, not just a title. USCIS scrutiny of functional manager claims (managing a function rather than direct reports) is elevated, and a well-documented record of actual decision-making authority is essential.

L-1A status is granted for an initial period of up to three years, or one year for new office petitions. It can be extended in two-year increments to a maximum of seven years. Equally important, L-1A holders are well-positioned to pursue an EB-1C green card, which doesn’t require PERM labor certification and closely mirrors the eligibility criteria already established for the L-1A. Getting the classification right from the start can significantly shorten the green card timeline.

L-1B Visa for Employees with Company-Specific Knowledge

The L-1B covers employees with company-specific knowledge of the company’s products, services, research, equipment, management, or procedures, knowledge that isn’t commonly held across the industry. The standard sounds clear, but in practice, USCIS often challenges whether the knowledge is genuinely company-specific or simply the result of standard job training. 

L-1B status has a maximum duration of five years, with no extension beyond that cap. Employees on L-1B who pursue permanent residence typically follow EB-2 or EB-3 pathways, both of which require PERM labor certification and carry longer timelines than the EB-1C route available to L-1A holders.

L-2 spouses of L-1 holders may apply for work authorization, and unmarried children under 21 may accompany them in L-2 status. The L-1 is also a dual-intent visa, meaning holders can pursue permanent residence without putting their nonimmigrant status at risk.

L-1 Eligibility Requirements

Both the employer and the employee must independently satisfy USCIS requirements before a petition can be approved.

Employer Eligibility: The U.S. and foreign entities must share a qualifying relationship: parent, branch, subsidiary, affiliate, or joint venture, with common ownership and control. As a general rule, USCIS treats ownership of more than 50% of an entity as evidence of control, though qualifying relationships can also exist where equal co-owners share control. Both companies must be actively doing business throughout the employee’s L-1 status.

Employee Eligibility: The transferee must have worked for the qualifying foreign entity for at least one continuous year within the three years immediately before filing Form I-129. That prior employment and the intended U.S. role must both be in an executive, managerial, or company-specific knowledge capacity.

USCIS will commonly issue an RFE challenging the corporate relationship, often requiring organizational charts, stock records, and tax filings, or questioning whether the employee’s actual duties meet the relevant standard. 

Premium processing is available and can deliver an initial decision within 15 business days. Comprehensive documentation from the outset reduces RFE risk considerably, though no outcome in any individual case can be guaranteed.

Why Philadelphia Employers Choose Henry & Grogan for L-1 Petitions

An L-1 petition involves more than completing a form. The documentation burden is substantial, the scrutiny from USCIS has increased, and a denial can disrupt a business transfer that took months to plan. 

The firm handling your L-1 petition should be prepared for the full process, not just the filing.

Here's why you can trust Henry & Grogan:

  • We understand what USCIS is looking for. Devin E. Grogan has personally attended hundreds of USCIS interviews on behalf of clients. That direct familiarity with how officers evaluate petitions shapes how we structure documentation before anything is ever filed. 
  • We advise employers on the compliance issues that follow approval. Managing L-1 transferees across multiple locations, or in remote and hybrid arrangements, creates regulatory exposure that many employers don't anticipate. Work location and assignment structure can affect a petition's validity and create audit risk. We can address these issues at the outset.
  • When something goes wrong, we can take it further than most firms. If USCIS issues an erroneous denial or delays a decision unreasonably, we can take decisive action, leveraging our team's extensive appellate and litigation experience. 
  • Our L-1 work sits within a broader employment-based immigration practice. We also represent employers in H-1B petitions, PERM labor certifications, and alien worker visa filings. This experience applies directly to the complexities L-1 employer-petitioners face.

Start at Henry & Grogan with a Free Consultation

Whether you’re an employer preparing to file a first-time L-1 petition or a transferee navigating a denial or RFE, our attorneys can evaluate your situation and outline a clear path forward. We handle L-1 matters as part of a full-service immigration practice serving individuals, families, and employers. We represent clients before USCIS and immigration courts nationwide.

Call (215) 568-1500 to schedule your consultation with our L-1 visa attorneys in Philadelphia.

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Clear Answers During Uncertain Times

  • What should I bring to my first consultation with an immigration lawyer?

    For your initial consultation, bring any relevant immigration documents, such as passports, visas, green cards, or any correspondence from USCIS. Also, prepare a list of questions you have about your case.

  • Can an immigration lawyer help me with my green card application?

    Absolutely! Our attorneys specialize in helping clients through the green card application process, ensuring that all the paperwork is properly completed and filed and assisting with any complications that may arise.

  • What can I do if my visa application is denied?

    If your visa application is denied, we can help you understand the reasons for the denial and assist in filing an appeal. Our immigration lawyers will review your case and work to address any issues that led to the denial.

  • Do I need a lawyer for a deportation case?

    Yes, having a Philadelphia immigration attorney is crucial if you’re facing deportation. Our team will help protect your rights, explore available legal options, and advocate for your case before immigration courts.

  • What are the benefits of hiring a Philadelphia immigration lawyer for my case?

    Hiring a lawyer provides peace of mind, as they bring experience and extensive knowledge to your case. They will make sure that all matters are handled properly, help you avoid mistakes in your application, and advocate for your rights in court. They are especially helpful for complex cases involving deportation and asylum status. If you have a legal matter you would like to discuss, contact our team today.

  • What Are the Benefits of Hiring a Philadelphia Immigration Lawyer for My Case?
    Hiring a lawyer provides peace of mind, as they bring experience and extensive knowledge to your case. They will make sure that all matters are handled properly, help you avoid mistakes in your application, and advocate for your rights in court. They are especially helpful for complex cases involving deportation and asylum status. If you have a legal matter you would like to discuss, contact our team today.