Selected Topics in Immigration Law

L-1A Intra-Company Transferee - Managers/Executives

What is an L-1A Visa?
Criteria for Obtaining the L-1A visa?
For how long is the L-1A visa valid?
How may I obtain an L-1A visa holder?
Who may accompany an L-1A visa holder?
L-Blanket Petition.


What is an L-1A Visa?

The L-1A visa is designed for executives and managers of multinational companies to enter the U.S. to work temporarily in executive or managerial capacities for branch offices, affiliates, subsidiaries or parent companies of the foreign entities. 
Criteria for the L-1A Visa.
1. The U.S. and foreign entities must have a qualifying relationship, either as a branch office, subsidiary, affiliate or parent company.
2. The foreign individual must have been employed abroad continuously by the foreign entity in a managerial or executive capacity for one year within the three years immediately preceding the petition.
3. A managerial position is defined as one in which the employee primarily: manages an organization, department, subdivision or function; supervises and controls the work of other supervisory, professional or managerial employees or manages an "essential function"; has the authority to make personnel decisions or to function at a "senior level"; and, has discretion over the day-to-day working of the business or function for which he/she has authority.
4. An executive position is defined as one in which the employee: manages an organization or a major component/function of that organization; has the authority to establish goals and policies; has wide latitude in discretionary decision-making; and is supervised only by higher-ranking executives, the board of director or stockholders of the company.
5. The U.S. business and foreign entities must be engaged in regular, systematic and continuous provision of goods and/or services.  The U.S. entity is considered a new business if it has been doing business for less than one year in the U.S. at the time the L-1A petition is filed.
For how long is the L-1A valid?

The L-1A visa is initially approved for three years. However, for an entity that has been doing business for less than one year in the U.S., the L-1A will initially be approved for only one year. Extensions of the L-1A visa are available in increments of two years, up to a total of seven years.  A foreign individual who has been in L-1A and/or H-1B status for a period of seven years may not be readmitted in L-1A status until he or she has resided outside the U.S. for one year.
Who may accompany an L-1A visa holder?

The spouse or unmarried minor children (under 21 years of age) of the L-1A visa holder may enter the United States in L-2 status as dependents.  L-2 spouses may apply for employment authorization to be employed in the U.S.
How may I obtain an L-1A Visa?

The L-1A petition must be filed at an USCIS Service Center that has jurisdiction over the employer. If the employee is in the United States and eligible to change nonimmigrant status, the USCIS will issue an approval notice with a new I-94 card. If the employee is unable to change status in the U.S. or is not present in the U.S., he must apply for an L-1A visa at a U.S. consulate abroad.
L-Blanket Petition.

Large U.S. entities may be eligible to file blanket L-1 petitions which grant continuing approval of L-1 visas for itself and its foreign affiliates, subsidiaries, and branch offices. The following criteria must be met:

1. The petitioner and qualifying foreign entities must be engaged in commercial trade or services.
2. The petitioner must have an office in the United States that has been doing business for one year or more.
3. The petitioner must have three or more domestic and foreign branches, subsidiaries, or affiliates.
4. The petitioner and related qualifying organizations must meet one of the following: 1) have obtained approval of ten L-1 petitions during the previous twelve months; 2) have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or 3) have a U.S. work force of at least 1,000 employees.

To request a consultation regarding an H-1B visa, please contact our office here.