L-1A Visa Guide: Step-by-Step Guide on the L-1A Visa

The L-1A 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 L-1A visa for managers and executives.

1. What is the L-1A Visa?

The L-1 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 and understanding the L-1A visa application process helps determine the right pathway for managers and executives. If the foreign company does not have a parent, subsidiary, affiliate, or branch office in the United States, the L-1 visa allows the foreign company to send an employee to establish a new office in the United States.

Within the L-1 visa, there are 2 separate classifications, the L-1A visa and the L-1B visa, and the L-1A visa application process applies specifically to managers and executives seeking L-1A status. The L-1A visa is for foreign workers who will be working in the United States as either a manager or executive. The L-1B visa is for foreign workers who will be working in the United States as a specialized knowledge worker.

The L-1A visa is a nonimmigrant visa, so it is temporary in nature and does not directly lead to a green card, but the L-1A visa application process can support later green card strategies such as EB1C planning. For workers who will be coming to the United States to set up a new office, the L-1A visa is initially granted for a period of 1 year, and the L-1A visa application process for new offices is typically reviewed more strictly. For workers coming to work for existing offices, the L-1A visa is initially granted for a period of 3 years. The L-1A visa can be extended for a total period of 7 years.

2. What are the L-1A Visa Requirements?

To get an L-1A visa, there are 4 main requirements:

• There must be a qualifying relationship between the foreign company and the US company.

• The L-1A 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 L-1A petition.

• The L-1A visa beneficiary must have been employed for the foreign company as either a manager, executive, or specialized knowledge worker.

• The L-1A visa beneficiary must be coming to the US company to work as either a manager or executive.

i. There must be a qualifying relationship between the foreign company and the US company.

To get an L-1A 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 my L-1 Visa Guide for detailed definitions of each of these types of relationships.

ii. The L-1A 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 L-1A petition.

• To qualify for an L-1A 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.

• The employment must have occurred within the last 3 years prior to filing the L-1A petition.

iii. The L-1A visa beneficiary must have been employed for the foreign company as either a manager, executive, or specialized knowledge worker. Please see below for definitions of each position.

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, or a subdivision or a department 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/direction from the board of directors, higher-level executives, and/or stockholders.

Specialized Knowledge Workers

Specialized knowledge can mean either of 2 things:

• That the employee has special knowledge of the company product and its application in international markets;

• Or that the employee has an advanced level of knowledge of certain processes and procedures of the company

iv. The L-1A visa beneficiary must be coming to the US company to work as either a manager or executive.

• To qualify for an L-1A visa, the beneficiary must be coming to the USA to work as either a manager or executive.

• Please see above for a description of managers and executives.

• If the foreign worker will be coming to the US company to work as a specialized knowledge worker, this would not qualify for an L-1A visa. Instead, this would be classified as an L-1B visa.

3. Special Rules for L-1A Visa New Office Petitions

The L-1A 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, and the L-1A visa application process differs depending on whether the U.S. entity is an existing office or a new office. A new office is defined as a company which has been doing business for less than 1 year. When the L-1A 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. If you were coming to work for an existing business in the US, your employment with the foreign company could have been as a manager, executive, or specialized knowledge worker. However, for new offices, to qualify for an L-1A visa, 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. This is different from existing office L-1A visas, which are normally granted for an initial period of 3 years.

• To get an extension beyond the first year, you must show that the US company supports a managerial position. To prove this, 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.

• For new offices, the foreign company that you worked for must continue to operate and maintain a qualifying relationship with the US company.

4. How Do I Get an L-1A Visa?

Here is a simple explanation of how to get an L-1A visa:

• Step 1: Hire an Immigration Lawyer

• Step 2: Gather Necessary Documents

• Step 3: File Form I-129 and L Supplement

• Step 4: Consular Processing

Step 1: Hire an Immigration Lawyer

The first step to getting an L-1A visa is to hire an immigration lawyer. Your immigration lawyer will carefully review your case and determine whether the L-1A visa is the appropriate option based on your qualifications and your desired immigration outcomes.

Once determining that the L-1A visa is appropriate for you, 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 to getting your L-1A visa is to gather the documents needed to file your L-1 petition.

These documents can be broken into 3 main categories:

• Foreign Company Documents

• US Company Documents

• L-1 Visa Beneficiary Documents

Below is a general list of some of the documents you should anticipate needing for your L-1A visa petition.

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

L-1 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 your Form I-129 as well as the L supplement, which is a central filing step in the L-1A visa application process. 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 L-1 visa.

If you are doing a change of status, from some other non-immigrant 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 L-1A visa, you will need to proceed with the following step.

Step 4: Consular Processing

Consular processing is the process of getting a US visa at a US consulate abroad, and for many applicants it is the final stage of the L-1A visa application process after I-129 approval. In order to do this, 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 L-1A visa application. Upon approval, an L-1 visa should be affixed to your passport within roughly 1 week.

Important Note for Canadian Citizens:

• Citizens of Canada can apply for L-1 directly at a US port of entry (POE).

• For Canadians that wish to apply at the port of entry, 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.

5. Conclusion

The L-1A visa offers several important benefits of the L-1 visa for multinational companies, allowing foreign businesses to transfer managers and executives to the United States to lead and grow related US operations. With an L-1A visa the foreign worker can work in the US for up to 7 years.

If you have any questions about the L-1A visa, or if you need help getting your L-1A 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.

Resources:

• L1 Visa Guide: Everything You Need to Know About the L1 Visa

• CFR Section 214.2(l)