L-1A Visa (Intra-Company Executive or Manager Transfers)

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager (foreign nationals) from one of its affiliated foreign offices to one of its offices in the United States.

This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the intention of establishing one.

The L-1 visa allows executives and managers (and certain specialized knowledge capacity workers) of international companies to temporarily relocate to the United States in order to continue employment with their foreign employer in a managerial or executive capacity or with specialized knowledge.

L-1 visa holders may live and work in the United States for up to seven years. After that time, they must return to their home country for at least one year before they are eligible to apply for another L-1 visa.

L-1A visas are granted for initial stays of up to three years and can be renewed once for up to two additional years.

Spouses and unmarried children under 21 years of age of L-1 visa holders may be eligible for L-2 visas and accompany them to the United States on L-1 status; however, they are not authorized to accept employment in the United States while on L-2 status.

The company should file Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS) to obtain L-1A visa status for a foreign executive or manager.

There are two different L-1 Visa tiers: L-1A and L-1B. L-1A visas are for executives and managers, while L-1B visas are for specialized knowledge foreign workers.

Page Contents

• L-1A (Intracompany Transferee Executive or Manager) Visa Overview
• L-1A Visa Eligibility
• L-1A Visa Requirements
• What is the Application Process for an L-1A Visa?
• What Documents are Needed from the Employer?
• What Documents are Needed from the Employee?
• L-1A Visa Fees
• L-1A Visa Processing Time
• How Long is the L-1A Visa Valid?
• What Happens if Application is Approved?
• How the L-1 Visa Benefits Employers
• Can Family Members Join an L-1A Visa Holder in the United States?
• Transitioning from an L-1A Visa to a Green Card
• How Can Total Law Help?
• Frequently Asked Questions

To be eligible for L-1A visa status, an individual must be employed by a qualifying organization that has a parent, subsidiary, affiliate, or branch office in the United States.

This U.S. entity must have been doing business for at least one year to qualify and the foreign company must have been actively doing business as an international organization for at least one year prior to the L-1A visa application.

The L-1A beneficiary must have been employed outside of the United States in a managerial or executive capacity for at least one continuous year within the three years immediately preceding his/her admission to the United States.

Additionally, L-1A beneficiaries must be employed in managerial or executive positions by the U.S. entity within one year of his/her admission to the United States.

L-1A beneficiaries may also receive salary, compensation, and/or other benefits from their foreign employer while on L-1 status in the United States. Still, they must be employed full-time (at least 35 hours per week) while in the United States.

L-1A visa holders may not be self-employed in the United States.

The employers and the employees have different requirements.

Employees:

• Be employed for one year in the last three years of L-1A status with a qualifying organization outside the United States.
• Intend to enter the United States to continue providing services as an executive or manager to the same employer or an affiliate/subsidiary.
• Have been employed in an executive or managerial capacity outside the United States for a qualifying organization.
• Have knowledge of the company’s products, services, research, equipment, techniques, management, or other interests and its applications in international markets.

Employers:

• Have had active business operations outside the United States for at least one year preceding L-1A visa application.
• Have had active business operations in the United States for at least one year (if filing an L-1A petition for a new office).
• Be either a parent company, branch, subsidiary, or affiliate of the foreign firm.
• The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

The application process begins with the employer filing the L-1A visa petition, Form I-129, with U.S. Citizenship and Immigration Services (USCIS). Required documents from the employer include:

• A copy of the business’s articles of incorporation or organization.
• Evidence of a qualifying relationship between the United States entity and its foreign counterpart.
• Proof that the L-1A beneficiary is an executive or manager.
• Employment agreement.
• Evidence of L-1A beneficiary’s salary and other benefits.

Once the application has gone through, the employer should submit Form I-197 (Notice of Action) to the L-1A beneficiary.

The L-1A beneficiary then should prepare and submit the L-1A visa application at a U.S. Embassy or Consulate in his/her home country.

Form DS-160 (Online Nonimmigrant Visa Application) must be completed and submitted along with L-1A supporting documentation to the U.S. Embassy or Consulate to obtain the L-1A visa stamp.

The next stage of the application is scheduling and attending a visa interview at the U.S. Embassy or Consulate, where the L-1A beneficiary must demonstrate that he/she is qualified for L-1A status and intends to return to his/her home country after L-1A status expires.

The following documents are needed from the employer for L-1A visa application:

• A copy of the business’s articles of incorporation/organization.
• Evidence of a qualifying relationship between the U.S. entity and its foreign counterpart.
• Proof that L-1A beneficiary is an executive or manager.
• Employment agreement.
• Evidence of L-1A beneficiary’s salary and other benefits.
• Evidence that shows that the employee’s education, training, and employment qualifies him or her as an L-1A beneficiary.

The L-1A employee should submit documents required for an L-1A visa application, such as:

• Valid passport.
• Copy of L-1A petition approval notice (Form I-797).
• Two passport-sized photos.
• Employment agreement.
• Evidence of L-1A beneficiary’s salary and other benefits.
• Any other documents requested by the U.S. Embassy or Consulate, such as evidence of L-1A status for a new office applicant.
• DS-160 confirmation page.
• Visa interview appointment letter.

The L-1A visa application filing fees are $460, plus an additional fraud prevention and detection fee of $500.

L-1A visa processing time depends on the applicant’s country of origin. L-1A visas are usually issued within 3 to 5 days of the L-1A visa interview.

The L-1A visa is valid for up to seven years, with a maximum stay of five years for L-1A transfers to a new office. L-1A visas are initially issued for three years and can be extended in two-year increments up to seven years, depending on the beneficiary’s eligibility.

If the beneficiary exceeds the seven-year L-1A visa limit, he/she must wait one year before reapplying for L-1A status.

If the L-1A visa is approved, the L-1A beneficiary can enter or reenter the United States in L-1A status. Once an L-1A beneficiary has been admitted to the United States with an L-1A visa, he/she may begin working for the U.S. employer as soon as possible.

L-1A beneficiaries can also travel in and out of the United States as long as L-1A status is maintained.

Yes, L-1A visa holders can bring their spouses and unmarried children under the age of 21 as L-2 dependents to the U.S. L-2 dependents are eligible for employment authorization once they obtain L-2 status in the U.S.

Children who turn 21 years of age during their stay in the United States on L-2 status must leave the country or change their status within 30 days or obtain employment authorization if they wish to remain in the United States on L2 status and work legally.

Spouses who obtain L2 visas may apply for work authorization after their arrival in the United States. However, it can often take several months to obtain work authorization, so applicants should plan accordingly if they intend to work while on L2 status in the United States.

The L-1A visa is a dual intent visa, which allows L-1A beneficiaries to transition from L-1A status to permanent residency status in the United States.

L-1A beneficiaries can apply for a green card through the EB-1C immigrant work visa/immigration category.

An EB-1C visa is a great option for L-1A beneficiaries seeking to obtain a green card quickly and without the time and cost of the labor certification process.

An EB-1C visa is a great option for L-1A beneficiaries seeking to obtain a green card quickly and without the time and cost of the labor certification process.

The employer should begin by filing an I-140 petition with USCIS, followed by an adjustment of status application.

L-1A beneficiaries can also take advantage of the National Interest Waiver (NIW) to bypass the labor certification process and expedite their green card application process.