L-1A Visa-L-1A Intracompany Transferee Executive or Manager is a nonimmigrant classification allows a U.S. employer to move an executive or manager from its affiliated foreign office to a U.S. office. It also permits a foreign company without an existing U.S. office to send an executive or manager to the United States to establish one.
To be eligible for L-1 classification in this category, the employer must:
1-Maintain a qualifying relationship with a foreign company, which includes the parent company, branch, subsidiary, or affiliate (collectively referred to as qualifying organizations).
2-Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
To be eligible, the designated employee must also:
1- Have generally worked for a qualifying organization abroad for one continuous year within the three years immediately preceding their admission to the United States.
2- Intend to enter the United States to provide services in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capacity typically involves the employee’s authority to make broad decisions with minimal oversight.
Managerial capacity generally refers to the employee’s ability to oversee and control the work of professional employees, manage the organization, or handle a department, subdivision, function, or component of the organization. It may also pertain to the employee’s capability to manage a critical function of the organization at a high level, without direct supervision of others.
Duration: Qualified employees arriving in the United States to establish a new office are eligible for a maximum initial stay of one year. Other qualified employees have an initial maximum stay of three years. Extensions of stay for all L-1A employees may be approved in increments of up to an additional two years, allowing the employee to reach the overall maximum limit of seven years.
Family Members: The transferred employee can be accompanied or followed by their spouse and unmarried children under 21 years of age. Spouses and children can apply for admission in the L-2 nonimmigrant classification and, if approved, typically receive the same period of stay as the employee.