L-1A Visa: Intracompany Transferee Executive or Manager Your Gateway to Business Expansion in the U.S.
What is the L-1A Visa?
The L-1A visa is a non-immigrant visa that enables companies operating both in the U.S. and abroad to transfer an executive or manager of employees from their foreign operations to their U.S. operations for a temporary period. This visa is essential for businesses that want to establish a presence in the U.S. or transfer key personnel to enhance their American operations.
Benefits of the L-1A Visa for Foreign Business Owners and International Entrepreneurs
The L-1A visa provides numerous advantages for foreign business owners and international entrepreneurs looking to expand their operations in the U.S.:
- Establishing a U.S. Presence: The L-1 visa allows businesses to establish a new office in the U.S., providing a foothold in one of the world’s largest markets.
- Transferring Key Personnel: Companies can transfer executives and managers to the U.S., ensuring continuity and leveraging global expertise.
- Family Inclusion: L-1A visa holders can bring their spouse and unmarried children under 21 years old. Spouses can apply for work authorization, contributing to the household income.
- Path to Permanent Residency: The L-1A visa can serve as a stepping stone to a green card under the EB-1C category for multinational executives and managers.
- Flexibility and Renewability: The L-1A visa offers flexibility and can be renewed multiple times valid for up to 7 years
Distinction Between L-1A and L-1B Visa Categories
Understanding the differences between the L-1A and L-1B visa categories is crucial for determining which type is suitable for the transferee:
L-1A Visa: Managers and Executives
The L-1A visa is designed for managers and executives who will be transferred to a U.S. office to perform duties at a managerial or executive level. Key points include:
- Managerial Capacity: Refers to employees who manage the organization or a department, supervise and control the work of other supervisory, professional, or managerial employees, and have the authority to hire and fire.
- Executive Capacity: Refers to employees who direct the management of the organization or a major component, establish goals and policies, exercise wide latitude in decision-making, and receive only general supervision from higher-level executives.
L-1B Visa: Specialized Knowledge
The L-1B visa is for employees with specialized knowledge essential to the employer’s interests. This can include:
- Specialized Knowledge: Refers to employees who possess unique knowledge about the company’s products, services, research, equipment, techniques, management, or other interests.
- Proprietary Knowledge: Includes knowledge that is not widely known in the industry and is essential to the company’s competitiveness.
Visit our dedicated Page for L-1B Visa
Eligibility Criteria
To be classified as an L-1A employer, the employer must:
- Have a qualifying relationship with a foreign company (parent, branch, subsidiary, affiliate)
- Currently doing or will be doing business in the United States and at least one other country via the qualifying organization for the duration of the beneficiary’s stay in the U.S. as an L-1A holder. While the business must be viable, there is no requirement that it be engaged in international trade.
To be classified as an L-1A employee, the employee must:
- Have been working for the qualifying organization abroad for at least one continuous year within the three years immediately preceding admission to the United States; and
- Seek to enter the U.S. in a managerial or executive capacity for a branch of the same employer abroad or its qualifying affiliated organization
To be classified as an L-1A executive or managerial employee establishing a new office, the employer must also show that:
- Employer has secured sufficient physical premises to house the new office;
- Employee has been employed as an executive or manager for at least one continuous year in the three years preceding the filing of the petition; and
- The intended U.S. office will support an executive or managerial position within one year of the Petition’s approval.
Length of Stay
The maximum initial stay on an L-1A visa is three years, except for those establishing a new office, who are granted one year. Extensions may be requested but cannot exceed a period up to seven years. In certain circumstances, individuals can extend their L-1A status beyond seven years by recapturing time spent abroad while on their L-1 visa.
Additional Details
Certain organizations may establish the required intercompany relationships in advance of filing individual L-1A petitions. This is known as a blanket petition. This petition provides the employer with the flexibility to transfer eligible employees on short notice without having to file individual petitions to USCIS, though L-1A classification is not guaranteed despite the approval of a blanket L Petition.
Eligibility for blanket L certification may be established if:
- The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
- The petitioner has an office in the United States which has been doing business for one year or more;
- The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
- The petitioner along with the other qualifying organizations meet one of the following criteria:
- Have obtained at least 10 L-1 approvals during the previous 12-month period;
- Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
- Have a U.S. work force of at least 1,000 employees.
Canadians with approved blanket petitions seeking to enter the United States as L-1A employees of qualifying organizations may be eligible to apply for admission in L-1A status at certain Ports of Entry under NAFTA.
What We Do
- Prepare a thorough L-1A application with evidence required
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide guidance in maintaining the L-1A status
- Provide assistance to L-1A holders within the United States that wish to extend their visa, apply for a Change of Status or file for EB-1 then Adjust Status
Are you an executive or manager looking to transfer to a U.S. office of your company? Our firm is here to help you determine your eligibility for the L-1A visa and guide you through the application process!
Why Choose Us
- Expert Evaluation: Our experienced immigration attorneys will assess your qualifications and the specifics of your employment to ensure you meet the requirements for the L-1A visa, which is essential for intra-company transfers.
- Comprehensive Support: We provide step-by-step assistance with the entire application process, including filing the necessary petitions and preparing for any required interviews.
- Personalized Guidance: We understand that every case is unique. Our tailored approach ensures that your specific needs are addressed, maximizing your chances of a successful application.
Unlock the potential of the U.S. market with an L-1 visa. Contact us today to schedule a consultation and take the first step toward expanding your business operations in the United States.
Preparing an L-1 Visa Application: A Step-by-Step Guide
Step 1 | Ensure Eligibility: Confirm that the employee and the employer meet the basic eligibility criteria for the L-1 visa:
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Step 2 | Gather Necessary Documentation Collect the following documents:
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Step 3 | Complete Form I-129: The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, along with the L Supplement and all supporting documentation with USCIS. |
Step 4 | Pay the Filing Fee: Pay the required filing fee for Form I-129 and keep the receipt for your records |
Step 5 | Schedule and Prepare for the Visa Interview Once the petition is approved, the employee must apply for the L-1 visa at a U.S. embassy or consulate in their home country. Schedule an interview and prepare the following documents:
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Step 6 | Attend the Visa Interview: Attend the visa interview with all supporting documentation. Be prepared to discuss your role, qualifications, and the nature of your job in the U.S. |
Step 7 | Await Visa Approval: After the interview, your application will be processed. If approved, your passport will be stamped with the L-1 visa. |
Frequently Asked Questions
L1A
- What is considered an "executive" capacity?
An executive capacity generally refers to a position in which the employee primarily:
- Directs the management of the organization or a major component or function.
- Establishes goals and policies.
- Exercises wide latitude in discretionary decision-making.
- Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders.
- What is considered a "managerial" capacity?
A managerial capacity generally refers to a position in which the employee primarily:
- Manages the organization or a department, subdivision, function, or component.
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization.
- Has the authority to hire and fire, or recommend those and other personnel actions.
- Exercises discretion over the day-to-day operations of the activity or function.
- Can I change employers on an L-1 Visa?
L-1 visa holders can only work for the specific employer and in the capacity described in their visa application. Changing employers may require a new L-1 visa application.
- How long can I stay in the U.S. on an L-1A Visa?
L-1A visa holders are typically granted a stay of up to three years. Extensions of stay may be granted in increments of up to two years each, with a maximum limit of seven years for executives and managers.
- Can my family accompany me on an L-1A Visa?
Yes, your spouse and unmarried children under 21 years old can accompany you on L-2 dependent visas. They may apply for L-2 dependent visas and, if approved, can live in the U.S. while you are on L-1A status.
- Can my spouse work in the U.S. on an L-2 Visa?
Yes, your spouse may apply for employment authorization by filing Form I-765, “Application for Employment Authorization.” If approved, they can work in the U.S.
- Can I travel outside the U.S. while on an L-1A Visa?
Yes, you can travel outside the U.S. and return as long as your L-1A Visa remains valid and you continue to meet the requirements of the L-1A status.
- What should I do if my L-1A Visa application is denied?
If your L-1A Visa application is denied, you will receive a notice explaining the reason for the denial. You may address the issue and reapply or consult with an immigration attorney for further guidance.
- Can I change my status from an L-1A Visa to another visa type?
Yes, you may apply to change your status from an L-1A Visa to another visa type if you meet the eligibility requirements for the new visa category. You will need to file a change of status application with USCIS.
- What happens if my L-1A status expires while I am in the U.S.?
If your L-1A status expires while you are in the U.S., you must either apply for an extension of stay, change to another nonimmigrant status, or depart the U.S. Staying beyond your authorized period of stay can result in being out of status, which may affect future immigration benefits.
For more detailed information, please visit the USCIS L-1A Intracompany Transferee Executive or Manager page.
Related Links
USCIS dedicated page for L-1A Visa
