L1A Visa Guide: Step-by-Step Guide on the L1A Visa

The L1A visa was designed to allow certain foreign workers to transfer to the United States and to work as either a manager or executive.

In this guide, I’m going to discuss the L1A visa for managers and executives.

1. What is the L1A Visa?

The L1 Visa (also referred to as the intracompany transferee visa) allows foreign companies to transfer certain employees to work for their United States parent, subsidiary, affiliate, or branch office. If the foreign company does not have a parent, subsidiary, affiliate, or branch office in the United States, the L1 visa allows the foreign company to send an employee to establish a new office in the United States.

Within the L1 visa, there are 2 separate classifications: the L1A visa and the L1B visa. The L1A visa is for foreign workers who will be working in the United States as either a manager or executive. The L1B visa is for foreign workers who will be working in the United States as a specialized knowledge worker.

The L1A visa is a nonimmigrant visa, so it is temporary in nature. For workers who will be coming to the United States to set up a new office, the L1A visa is initially granted for a period of 1 year. For workers coming to work for existing offices, the L1A visa is initially granted for a period of 3 years. The L1A visa can be extended for a total period of 7 years.

For official USCIS guidance on the L1A visa, see the USCIS L-1A intracompany transferee page.

2. L1A Visa at a Glance

The table below summarizes the key facts about the L1A visa to help you quickly understand the requirements and process.

3. What are the L1A Visa Requirements?

To get an L1A visa, there are 4 main requirements:

• There must be a qualifying relationship between the foreign company and the US company
• The L1A visa beneficiary must have continuously been employed by the foreign company, full-time, for at least 1 year within the previous 3 years prior to filing the L1A petition
• The L1A visa beneficiary must have been employed for the foreign company as either a manager, executive, or specialized knowledge worker
• The L1A visa beneficiary must be coming to the US company to work as either a manager or executive

i. Qualifying Relationship Between the Foreign Company and the US Company

To get an L1A visa, there must be a qualifying relationship between the foreign company and the US company. There are 3 types of qualifying relationships that satisfy this requirement:

• Parent/Subsidiary
• Branch office
• Affiliate

Check the L1 Visa Guide for detailed definitions of each of these types of relationships.

ii. Employment Requirement

To qualify for an L1A visa, you must have been employed with the foreign company continuously for at least 1 year prior to filing the visa petition. The employment must have been full-time and must have occurred within the last 3 years prior to filing the L1A petition.

iii. Role with the Foreign Company

The L1A visa beneficiary must have been employed for the foreign company as either a manager, executive, or specialized knowledge worker.

Manager

A manager primarily:

• Manages the organization, or a function, department, subdivision, or component of the organization
• Supervises and controls the work of other professional, managerial, or supervisory employees, or manages an essential function of the organization
• Has the authority to hire and fire employees that they directly supervise
• Has discretion over day-to-day operations of the function or activity managed

Executive

An executive primarily:

• Directs the management of the organization or a major component or function of the organization
• Establishes the policies and goals of the organization
• Has freedom to make decisions within their discretion
• Receives minimal supervision or direction from the board of directors, higher-level executives, or stockholders

Specialized Knowledge Workers

Specialized knowledge can mean either of 2 things:

• The employee has special knowledge of the company product and its application in international markets
• The employee has an advanced level of knowledge of certain processes and procedures of the company

iv. Role with the US Company

To qualify for an L1A visa, the beneficiary must be coming to the US to work as either a manager or executive. If the foreign worker will be coming to the US company to work as a specialized knowledge worker, this would not qualify for an L1A visa. Instead, this would be classified as an L1B visa.

4. Special Rules for L1A Visa New Office Petitions

The L1A visa is available to people who will be working for existing US companies and for people who will be coming to work for a new office. A new office is defined as a company which has been doing business for less than 1 year. When the L1A visa beneficiary is coming to the United States to work for a new office, special rules apply.

Special Rules for New Offices:

• With your petition, you must show that the US company has secured sufficient physical premises to house the business (office lease)
• Your employment with the foreign company must have been as either a manager or executive. For new offices, your experience for the foreign company cannot be as a specialized knowledge worker
• For new offices, your initial status is granted for a period of 1 year, compared to 3 years for existing office L1A visas
• To get an extension beyond the first year, you must show that the US company supports a managerial position. You must show that the new office has hired sufficient workers to the point where you would be managing professional level employees, rather than doing the substantive work yourself
• The foreign company that you worked for must continue to operate and maintain a qualifying relationship with the US company

5. How Do I Get an L1A Visa?

Here is a simple explanation of how to get an L1A visa:

Step 1: Hire an Immigration Lawyer

The first step to getting an L1A visa is to hire an immigration lawyer. Your immigration lawyer will carefully review your case and determine whether the L1A visa is the appropriate option based on your qualifications and your desired immigration outcomes. Once determining that the L1A visa is appropriate, your immigration lawyer will strategize the best way to proceed and will provide you with a list of documents needed to file your case.

Step 2: Gather Necessary Documents

The next step is to gather the documents needed to file your L1A petition. These documents can be broken into 3 main categories: foreign company documents, US company documents, and L1A visa beneficiary documents.

Foreign Company Documents:

• Stock certificates
• Articles of incorporation
• Business tax returns
• Organizational chart
• Certificate of incorporation
• Financial statements
• Copy of office lease
• Promotional materials
• Pictures of the business

US Company Documents:

• Corporate by-laws
• Articles of incorporation
• Financial statements of business
• Stock certificates
• Business license
• Business plan
• Organizational chart
• Promotional materials of business

L1A Visa Beneficiary Documents:

• Copy of passport
• Resume
• Statement detailing job duties with foreign employer, including percentages of time spent doing each duty
• Statement detailing proposed job duties with US company, including percentages of time to be spent doing each duty
• Pay stubs or other similar evidence showing the date range of employment with the foreign company

Step 3: File Form I-129 and L Supplement

The next step is to file Form I-129 as well as the L supplement. The Form I-129 is also called the Petition for Non-Immigrant Worker. This is the form that must be filed and approved to get your L1A visa.

If you are doing a change of status from some other nonimmigrant status, then once the Form I-129 is approved, all steps are completed and no further action is required on your part other than to begin working for the US company. If you are applying for an actual L1A visa, you will need to proceed with consular processing.

Step 4: Consular Processing

Consular processing is the process of getting a US visa at a US consulate abroad. Once your Form I-129 is approved, the appropriate US consulate will schedule a visa interview with you. At the interview, the immigration officer may ask you various questions about your L1A visa application. Upon approval, an L1A visa should be affixed to your passport within roughly 1 week.

Important Note for Canadian Citizens:

• Citizens of Canada can apply for the L1A visa directly at a US port of entry (POE). Their application will be reviewed by the Customs and Border Protection Agency.
• Canadian citizens do not have to file a Form I-129 with USCIS.

6. Conclusion

The L1A visa allows foreign businesses to transfer managers and executives to the United States to lead and grow related US operations. With an L1A visa, the foreign worker can work in the US for up to 7 years.

If you have any questions about the L1A visa, or if you need help getting your L1A visa, Ashoori Law would be happy to assist you. You can also feel free to email me directly at contact@ashoorilaw.com. I’m very responsive to emails and would be happy to assist you.

7. Related Resources

If you are exploring the L1A visa or related immigration pathways, the following resources from Ashoori Law may be helpful:

L1 Visa Resources:

• L1 Visa Guide: Everything You Need to Know
• L1B Visa Guide
• L1A vs L1B
• L1 Visa Requirements
• L1 Visa Process
• L1 Visa Fees
• L1 Visa Duration
• Benefits of the L1 Visa
• Top 2 Tips for a Smooth L1 Visa Renewal
• L1 Blanket Visa

L1 Visa to Green Card:

• L1 Visa to Green Card
• L1B to Green Card
• L1 Visa and EB1C Visa Difference
• EB1C Requirements

Comparing Visas:

• L1 Visa vs E2 Visa
• L1 vs E2 Visa
• 6 Tips for Applying for L1 Visa

Service Pages:

• L1 Visa Service Page
• Employer-Sponsored Green Card
• Schedule a Consultation

8. Frequently Asked Questions

What is the L1A visa?
The L1A visa is a nonimmigrant intracompany transferee visa that allows multinational companies to transfer managers and executives from a foreign office to a related US office (parent, subsidiary, affiliate, or branch). It can also be used to send a manager or executive to establish a new US office. The L1A visa can be granted for up to 7 years total.

What are the L1A visa requirements?
There are 4 main L1A visa requirements: there must be a qualifying relationship between the foreign and US company (parent/subsidiary, affiliate, or branch); the beneficiary must have worked for the foreign company full-time for at least 1 year within the past 3 years; the beneficiary must have worked as a manager, executive, or specialized knowledge worker for the foreign company; and the beneficiary must be coming to the US to work as a manager or executive.

What is the difference between the L1A and L1B visa?
The L1A visa is for foreign workers transferring to the US in a managerial or executive capacity. The L1B visa is for foreign workers transferring to the US as a specialized knowledge worker. Both require a qualifying relationship between the foreign and US company and at least 1 year of employment with the foreign company in the past 3 years.

How long is the L1A visa valid?
For workers transferring to an existing US office, the L1A visa is initially granted for 3 years and can be extended up to a maximum of 7 years. For workers transferring to set up a new US office, the initial grant is 1 year, after which an extension can be obtained by demonstrating that the new office supports a managerial position.

Can the L1A visa lead to a green card?
Yes. While the L1A visa is a nonimmigrant visa, it can serve as a strong foundation for obtaining a green card through the EB1C category (multinational managers and executives). The EB1C does not require a PERM labor certification, making it one of the more efficient employment-based green card pathways.

What qualifies as a manager or executive for L1A purposes?
A manager primarily manages a department, function, or organization; supervises professional, managerial, or supervisory employees; has authority to hire and fire direct reports; and has discretion over daily operations. An executive primarily directs the management of the organization or a major function; establishes policies and goals; makes decisions with minimal supervision from higher-level leadership.

What are the special rules for L1A new office petitions?
For new offices (operating less than 1 year), you must show the US company has secured physical office space, your foreign company role must have been as a manager or executive (not specialized knowledge worker), the initial visa is only granted for 1 year, and you must demonstrate the new office supports a managerial position to obtain an extension.

How do I apply for an L1A visa?
The process involves four steps: hire an immigration lawyer, gather required documents for the foreign company, US company, and yourself, file Form I-129 with the L supplement with USCIS, and attend a consular interview if applying for a visa stamp abroad. Canadian citizens can apply directly at a US port of entry without filing Form I-129.

Can I switch from an L1A visa to another visa type?
Yes. If you are already in the US in L1A status, you may be able to change your nonimmigrant status to another visa category, or you may pursue a green card through the EB1C category. Consult with an immigration attorney to explore your options based on your specific situation.

Should I hire an immigration lawyer for my L1A visa?
Working with an experienced immigration attorney is strongly recommended. L1A petitions require detailed documentation of your managerial or executive role, the qualifying relationship between your companies, and your employment history. An attorney can help you build a strong petition and avoid common mistakes that lead to denials or Requests for Evidence. Feel free to reach out to Ashoori Law directly at contact@ashoorilaw.com or schedule a consultation.

About the Author

Michael Ashoori, Esq.
President, Ashoori Law

Michael Ashoori is a U.S. immigration lawyer and the founder of Ashoori Law. Mr. Ashoori focuses his legal practice on helping individuals, families, working professionals, investors, and entrepreneurs to get visas, green cards, and citizenship to the United States. He also represents US employers sponsoring foreign workers for temporary visas or lawful permanent residence.

The son of immigrant parents, Mr. Ashoori has a deep understanding and appreciation for the benefits of U.S. immigration. He has assisted over 1,226 clients from around the world.

Mr. Ashoori received his Juris Doctor (J.D.) degree from UCLA School of Law and his Bachelor of Arts (B.A.) degree from UCLA.

Legal Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration laws and USCIS policies are subject to change. The information on this page may not reflect the most current legal developments. No attorney-client relationship is formed by reading this content. For advice specific to your situation, please consult a qualified immigration attorney. You are welcome to contact Ashoori Law directly at contact@ashoorilaw.com.