
L-1A Visa
The L-1A visa enables a U.S. employer to transfer an executive or manager from an affiliated foreign entity to the U.S., or allows a foreign company to send an executive/manager to establish a new U.S. office. A qualifying intracompany relationship is required.
What Is L-1A Visa?
The L-1A Intracompany Transferee visa allows multinational organizations to transfer executives or managers to the United States temporarily to oversee U.S. operations or establish a new corporate presence.
Understanding the L-1A visa's benefits, criteria, process, and potential path to permanent residency is key for effective global workforce deployment.L-1A Visa Criteria: Employer and Employee Requirements
Both the U.S. employer and the employee must meet specific criteria.
Employeer Requirements
- Qualifying Relationship: Must have a parent, subsidiary, branch, or affiliate relationship with the foreign entity.
- Doing Business: Must be actively doing business in the U.S. and at least one other country.
- New Office: If applicable, must secure physical premises, show the employee meets prior employment rules, and demonstrate the U.S. office will support the role within one year.
Employee Requirements
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One-Year Foreign Employment: Must have worked full-time for the qualifying foreign organization for one continuous year (outside the U.S.) within the three years before admission/filing.
- Hold a foreign degree equivalent to a relevant U.S. bachelor's degree or higher.
-
Executive or Managerial Capacity (U.S. Role): Must be coming to the U.S. to work in an executive or managerial capacity.
- Managerial Capacity: Primarily involves managing the organization/department/function, supervising professionals/managers (or managing an essential function), having personnel authority (or functioning at a senior level), and exercising discretion.
- Executive Capacity: Primarily involves directing management, setting goals/policies, exercising wide discretion, and receiving only general supervision. Actual duties performed are key, not just the title.
- Managerial Capacity: Primarily involves managing the organization/department/function, supervising professionals/managers (or managing an essential function), having personnel authority (or functioning at a senior level), and exercising discretion.
Key Benefits of L-1A Visa
- Leadership Transfer: Facilitates placing key executives/managers in U.S. operations.
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Stay Duration: Allows a maximum stay of up to seven years.
- No Labor Certification: Does not require the PERM Labor Certification process
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Dual Intent: Allows beneficiaries to pursue permanent residency while in L-1A status.
- Spousal Work Authorization: L-2 spouses are eligible to work.
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Potential Green Card Path: Often serves as a step towards the EB-1C Green Card category.
New Office Considerations: Initial approval for a new office is only one year, requiring proof of viability for extensions.
L-1A Visa to Green Card
The L-1A visa frequently serves as a stepping stone to U.S. permanent residency (Green Card) through the Employment-Based First Preference category for Multinational Executives and Managers (EB-1C).
This category is designed for managers and executives transferring permanently to a related U.S. company. While EB-1C eligibility mirrors L-1A in requiring a qualifying corporate relationship and a managerial/executive role in the U.S., it imposes stricter standards.
Critically, the required one year of prior foreign employment must have been in a managerial or executive capacity (not just specialized knowledge), and the U.S. entity must have been actively doing business for at least one year before the Green Card petition (Form I-140) can be filed.
L-1A vs. L-1B Visa
-
Role: L-1A is for Executives/Managers
; L-1B is for employees with Specialized Knowledge. -
Maximum Stay: L-1A allows up to 7 years
; L-1B allows up to 5 years. -
Green Card Path: L-1A often leads to EB-1C (no PERM required)
; L-1B typically leads to EB-2/EB-3 (often requires PERM).
L-1A Visa Application Process
Step 1: Filing the Individual Petition (Form I-129)
The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with supporting documents and fees.
Step 2: Utilizing the Blanket L Petition
Large companies can pre-qualify their corporate relationships. The employer then completes Form I-129S for the employee, who usually applies for the visa directly at a consulate (or CBP for Canadians).
Step 3: Post-Petition Approval
- Consular Processing: Employees abroad apply for an L-1A visa stamp at a U.S. consulate (DS-160 form, interview).
- Change of Status: Employees already lawfully in the U.S. can request a change to L-1A status via the Form I-129.
Questions? You’re covered.
Executives or managers employed for one continuous year abroad (in the last three) by a qualifying related company, transferring to the U.S. entity in a similar capacity.
Initially 1 or 3 years, extendable up to a maximum total stay of seven years.
L-1A is for executives/managers (7-year max stay); L-1B is for specialized knowledge employees (5-year max stay).
Yes, L-2 spouses with an I-94 marked "L-2S" are authorized to work incident to their status.
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