L-1A Intracompany Transferee Executive or Manager

The L-1A nonimmigrant status allows a U.S. employer to relocate an executive or manager from one of its associated foreign branches to a U.S.-based office. It also permits a foreign company without a U.S. presence to send an executive or manager to the United States to establish one.

General Requirements for Employer and Employee:

To qualify for L-1 classification under this category, the employer must: 

• Have a qualifying affiliation with a foreign company; and 
• Currently be, or will be, doing business , as an employer in the United States and at least one other country directly or through a qualifying organization for the entire duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, engagement in international trade is not mandatory. 

"Doing business" involves the consistent, systematic, and ongoing provision of goods and/or services by a qualifying organization and does not include merely having an agent or office present in the United States and abroad. 

To qualify, the named employee must also: 

• Typically have worked for a qualifying organization abroad for one continuous year within the three years immediately prior to their entry into the United States; and 
• Intend to enter the United States to serve in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations. 

Executive capacity generally denotes the employee's authority to make significant decisions independently. Managerial capacity typically involves overseeing and directing the work of professional employees and managing the organization, a department, subdivision, function, or component of the organization. It may also encompass managing a crucial organizational function at a high level without direct supervision.

Establishing New Offices

For foreign employers aiming to dispatch an executive or manager to the United States to establish a fresh office, the employer must additionally demonstrate:

• Acquisition of adequate physical space to accommodate the new office; 
• Employment of the individual as an executive or manager for one uninterrupted year within the three years before submitting the petition; and 
• The forthcoming U.S. office will facilitate an executive or managerial role within one year following petition approval.

Duration of Stay

Employees eligible to enter the United States for the purpose of initiating a new office will be permitted an initial stay of up to one year. Other eligible employees will be granted an initial stay of up to three years. Extension requests for all L-1A employees can be approved in intervals of up to two years, until reaching the maximum cap of seven years.

Dependents of L-1 Workers

The relocating employee may bring along or be followed by their spouse and unmarried children below 21 years old. Spouses and children can apply for admission under the L-2 nonimmigrant status and, if accepted, typically will be given the same duration of stay as the employee.

This is for information purpose only. If you feel you qualify under this section, please contact us and we will be more than happy to discuss your case.