The Complete L1 Visa Eligibility Checklist for Indians (2026)

Expanding your business to the United States is a defining milestone for many Indian companies. Whether you are a tech startup in Bangalore or a manufacturing firm in Delhi, the L1 Visa (Intracompany Transferee Visa) remains the gold standard for moving key talent to the US.

But qualifying for an L1 visa is becoming increasingly scrutinized. USCIS rejection rates for L1B petitions can be high if documentation is weak.

This comprehensive checklist will help you determine if you or your employees are eligible for the L1 Visa in 2026.

1. The "Qualifying Relationship" Test

The foundation of any L1 petition is the relationship between the Indian entity and the US entity. You cannot just open a shell company.

• [ ] Parent-Subsidiary: The US company owns the Indian company, or vice versa (more than 50% ownership).
• [ ] Branch Office: The US office is a direct branch of the Indian headquarters.
• [ ] Affiliate: Both companies are owned by the same parent company or same group of individuals in approximately the same percentages.

Tip for Startups: If you are a founder moving to the US to set up a new office, you must prove that the Indian company will continue to operate and can financially support the US expansion.

2. The "One-Year" Employment Rule

This is the most critical requirement for employees.

• [ ] Has the employee worked for the Indian company for at least one continuous year within the last three years?
• [ ] Was this employment full-time and physically outside the USA?

Note: Time spent in the US on a B1/B2 visa does not count towards this one year.

3. L1A vs. L1B: Which Category Fits You?

You must choose the right classification. Applying for the wrong one is a common reason for denial.

L1A: Managers and Executives

Designed for leaders who supervise professional teams or manage an essential function.

• [ ] Executive Capacity: Do you make broad decisions without much oversight? (e.g., CEO, VP, Director)
• [ ] Managerial Capacity: Do you supervise other professional employees (people with degrees)?
• [ ] Function Manager: If you don't manage people, do you manage a critical function (e.g., "Director of Engineering") at a senior level.

L1B: Specialized Knowledge

Designed for employees with unique knowledge of the company's product, service, or proprietary techniques.

• [ ] Advanced Knowledge: Do you know something about the company's product that is not generally known in the industry?
• [ ] Proprietary Process: Is your knowledge hard to transfer to a new US hire without significant training?

L1B Warning: Simply being a "good software engineer" is not enough. You must prove your specific knowledge of Visawala's internal systems is crucial.

4. New Office L1 vs. Established Office

If your US company has been active for less than one year, you filing a "New Office" petition.

• [ ] Physical Office Space: Have you secured a lease for an office in the US? (Virtual offices are often rejected).
• [ ] Business Plan: Do you have a detailed 5-year business plan showing financial projections and hiring targets?
• [ ] Investment: Have you transferred sufficient capital to the US bank account to start operations?

5. Document Checklist for Indian Applicants

When you are ready to file, ensure you have these documents ready:

1. Organizational Charts: Showing your position in India and the proposed position in the US.
2. Payroll Records: Proof of 1-year employment in India (Salary slips, Form 16).
3. Proof of Business: Certificate of Incorporation (India & US), lease agreements, bank statements.
4. Client Contracts: Evidence that the US company has real business activity (MSAs, SOWs).

Conclusion

The L1 Visa is a powerful tool for Indian businesses expanding to the US, offering a direct path to a Green Card (via EB-1C) for managers. However, the documentation load is heavy.

Don't risk a rejection. At Visawala Solutions, we specialize in structuring L1 petitions for Indian startups and enterprises. We review your organizational structure before you spend a single dollar on filing fees.

Book a Free L1 Eligibility Assessment with our Delhi-based experts today.