An L-1A visa is a type of nonimmigrant visa. It is reserved for executives and managers who will be transferring to the United States from abroad and who will work for a local, U.S. branch of the same company they are working for in the foreign country.
The L-1A visa is referred to as an “Intra-company Transfer Visa for Executives or Managers.” To qualify for a visa, the position must be for an executive or managerial position, and the employee must have all of the qualifications necessary for such a position.
L-1A visas are available for both small and large companies. Unlike some other categories of visas, the United States has not placed any restrictions on the number of L-1A visas it will grant each year. This can make it quicker for an L-1A visa petition to get approved.
What Does “Executive” and “Managerial” Capacity Mean?
L-1A visas are reserved for employees who will fill “Executive” or “Managerial” capacity positions within their business organization. For immigration law purposes, these terms have specific meanings:
- “Executive capacity” means that the worker has the skill and ability to make company-related decisions of broad significance, requiring little oversight from any other employee
- “Managerial capacity” refers to the worker’s ability to control and/or supervise the work of other employees and professionals in the company. They may also have the skill to institute, develop, or oversee other departments or sub-divisions within the company.
L-1A visas are usually granted to persons such as CEOs, CFOs, vice-presidents, officers, supervisors, managers, administrators, and department heads.
What Are the Eligibility Requirements for L-1A Visas?
There are requirements for both the employer and the employee to satisfy. The employer must satisfy the following requirements:
- The US and non-US employers must be related in one of four ways:
- parent and subsidiary
- branch and headquarters
- sister companies owned by a mutual parent
- “affiliates” owned by the same people in approximately the same percentages
- The employer must conduct business in both the United States and the foreign country for the duration of the foreign employee’s stay in the United States
The sponsored employee must also meet certain conditions, including:
- The sponsored employee must have been employed by the related company in the foreign country for one full year within the three-year time period before the time they wish to be admitted into the United States
Can an L-1A Visa Be Used to Set-up a New Office Branch in the U.S.?
Yes – L-1A visas may be used for the purpose of establishing a new office. The employer must provide evidence that it has already secured the physical location for the new office, and that the new U.S. office branch will be able to support an executive/managerial position within a year of the petition being approved.
How Is an L-1 Visa Different From an H-1B Visa?
An H-1B visa is designed to allow a U.S. company to employ a college-educated worker in a professional-level job. Despite the fact that both of these types of visas are for nonimmigrant high-level workers, there are a number of differences between L-1 intracompany visas and H-1B visas.
These differences may include:
- H-1B visa holders must have a bachelor’s degree or a higher degree. L-1A visa applicants must hold a high-level executive or managerial position, but are not required to have a bachelor’s or higher education degree
- L-1A visa petitions can only be filed by employers who have branches in more than one country. This is not required of H-1B visa employers
- There is no limit on how many L-1A visas may be issued by the United States in a given year. In contrast, there is a cap on how many H-1B visas are issued each year. Generally speaking, H-1B visas are capped at 65,000 visas per year for bachelor’s degree positions, with another 20,000 visas reserved for positions which require a master’s degree or higher.
- Someone who receives an H-1B visa may leave the employer and find another company to sponsor their visa (their visa is “portable.”) L-1A visa holders must remain at their company for the duration of their stay.
How Do I Apply for an L-1A Visa?
Application to an L-1 visa begins with the filing of a petition with the U.S. Citizenship & Immigration Services (USCIS) on Form I-129 along with supporting documentation showing that both the U.S. company and the foreign parent, subsidiary, affiliate or branch meet the qualifying factors set forth in the law and regulations.
Once approval is given, the employee takes it to the U.S. consulate or embassy nearest them. Applicants who are in the United States at the time of the filing for the visa can request a change of status from their present nonimmigrant status (i.e. visitor, student, etc.), so long as they are in status at the time they file for the L-1A visa.
How Long is the L-1 Valid?
If the purpose of the L-1A visa is to establish a new office in the United States, the visa will be issued for an initial maximum authorized stay of one year. All other L-1A visa holders will receive an initial maximum stay of three years.
An L-1A visa can be extended twice, for two year periods, until the maximum limit of seven years is reached.
May I Bring my Spouse and Children to the United States?
You may indeed bring your spouse and any unmarried children who are under 21 years of age. L-1A visa holders who wish to bring their family members to the United States can file an application under the L-2 nonimmigrant category.
Interestingly, unlike the case with most other visas, dependents of L-1A visa holders can work in the United States without needing to obtain any additional visa. The spouse can, but need not, apply with the USCIS for employment authorization after arriving in the United States and, after issuance of an Employment Authorization Document (EAD, Form I-765), may thereafter work for any employer.
According to the Social Security Administration, the L-2 spouse is permitted to work even without an EAD. However, USCIS takes the position that the L-2 spouse must obtain the EAD for immigration identification purposes.
May I Apply for a Green Card?
The L-1A visa category is known as a “dual intent” visa. This means that although when you obtain the visa you must promise to leave the U.S. when your visa expires, you can also have the intention to try to live in the U.S. permanently, with a permanent residence visa (a “green card”).
When applying for the L-1A visa, the goal will be to convince the U.S. consulate or embassy that will issue the visa that you want to move permanently to the United States, but if that is not possible, you will abide by the terms of the L-1A visa and depart when the visa expires.
Do I Need a Lawyer for Help with an L-1A Visa?
The laws concerning the L-1A visa process can fluctuate on a yearly basis. This can make it quite confusing to apply. It is a good idea for the employer and the employee to hire a local experienced immigration attorney for legal advice.
An experienced immigration attorney can make sure that both the employer and the employee meet all of the requirements to obtain an L-1A visa and can prepare the necessary forms. L-1A visa petitions should include a letter from the employer explaining to immigration officials the grounds for requesting the visa. The attorney can draft that important letter.
An attorney can also recommend other options for immigration visas if they believe that the L-1A visa may not be the most appropriate choice. Finally, an attorney’s assistance will be valuable if the visa needs to be renewed.
