How to Change Your Status from a US Tourist Visa to an L-1 Visa

This article was last updated and fact checked on October 15, 2024 by Mani Karthik.

So, you’re in the US on a tourist visa (B-1/B-2) and wondering, “Can I switch to an L-1 visa without leaving the country?”

You’re not alone—this is a common scenario, especially for professionals on short-term visits who find business opportunities in the US.

The good news is that yes, it is possible to change your status from a tourist visa to an L-1 visa, but there are specific steps and rules to follow.

Let’s break down what you need to know about changing your status from a B-1/B-2 tourist visa to an L-1 intra-company transfer visa.

What is an L-1 Visa?

Before we dive into the process, it’s important to understand what the L-1 visa is.

The L-1 visa is designed for employees of international companies who are transferring to the US to work for a branch, subsidiary, or affiliate of their current employer.

There are two main types of L-1 visas:

• L-1A: For executives and managers.
• L-1B: For employees with specialized knowledge.

Now that you know what the L-1 visa is, let’s look at the requirements for switching from a tourist visa to this type of visa.

Step 1: Check Eligibility for the L-1 Visa

To change your status to an L-1 visa, you must meet the following basic requirements:

• Employment Abroad: You must have worked for your employer outside the US for at least one continuous year within the past three years.
• Employer’s US Office: Your employer must have a qualifying office (branch, subsidiary, or affiliate) in the US.
• Job Role: You must be transferring to the US to work as either an executive, manager, or in a role requiring specialized knowledge.

If you meet these criteria, you’re on the right track for an L-1 visa application.

Pro Tip: If your employer doesn’t yet have a US office, they can still apply for an L-1 visa to establish one, but this process will be slightly different.

Step 2: Discuss the Change of Status with Your Employer

The change of status process must be initiated by your employer.

They need to file Form I-129, which is the petition for a nonimmigrant worker, on your behalf.

Your employer will need to submit documentation that proves the legitimacy of the company and your eligibility for the L-1 visa.

Here’s what your employer will typically need:

• Proof of your employment abroad (pay stubs, employment contracts, etc.).
• Documentation showing the relationship between the foreign company and the US entity.
• A detailed job description and evidence that your role qualifies under the L-1A or L-1B category.

Pro Tip: Make sure your employer is familiar with the process of filing an I-129 petition. If they’ve done it before, the process will be smoother.

Step 3: File for Change of Status

Once your employer files the Form I-129, they will include a request for a change of status. This means that you don’t have to leave the US while your application is processed.

However, there’s one important catch: You cannot work while your status is still a tourist visa.

This means you have to wait until your change of status is approved before starting work in the US. So, patience is key here.

Step 4: Wait for Approval from USCIS

Once the change of status petition has been submitted, it’s time to wait for USCIS to process it.

Processing times can vary, but on average, it takes about 4 to 6 months. If you’re in a hurry, your employer can pay for premium processing, which speeds up the decision-making process to 15 days.

While you wait, you can remain in the US on your tourist visa, but as mentioned, you cannot start working until your status officially changes to L-1.

Pro Tip: Keep an eye on your I-94 form expiration date (the document that shows how long you can legally stay in the US). Make sure your I-129 is filed well before your I-94 expires to avoid complications.

Step 5: What Happens After Approval?

If your L-1 visa status is approved, congratulations! You’ll be allowed to work for your employer in the US under the terms of your L-1 visa.

If your petition is denied, however, you’ll either need to leave the US before your tourist visa expires or appeal the decision, depending on the reasons for denial.

Pro Tip: Have a contingency plan ready in case the petition is denied. This could include returning to your home country and applying for the L-1 visa through consular processing instead.

Important Considerations

• Intent to Stay: A B-1/B-2 visa is meant for temporary travel. If you’re changing to an L-1 visa, make sure there’s no implication that you had pre-existing plans to stay in the US before you entered on a tourist visa.
• No Dual Intent: Unlike the H-1B visa, the B-1/B-2 visa does not allow for dual intent (visiting and intending to stay). You need to show that your stay in the US is directly related to the business reason your employer has presented.
• Timeline: As mentioned earlier, make sure you apply for a change of status before your tourist visa expires. Any overstay could complicate your application process.

Final Thoughts

Changing your status from a B-1/B-2 tourist visa to an L-1 visa is entirely possible, but it’s a process that requires thorough preparation, cooperation with your employer, and patience.

Make sure all your documents are in order, file your application on time, and be prepared to wait.

With the right planning, your transition from a visitor to a working professional in the US can be a smooth one!

Good luck, and welcome to the next step in your US journey!