Senior employees being transferred within a company to work in the US on a temporary basis will generally look at the L1A visa.

The US L1A visa allows non-US national employees, including British citizens, who are in a managerial or executive position to be transferred to the USA for the same employer in a parent, sister, associate, subsidiary or branch of the UK-based company. It is the primary visa option for intracompany transfers of senior-level employees to the US and may also be open to business owners.

The US L1A visa eligibility requirements aren’t, however, straightforward, and unless the organization has a blanket L, the supporting documentation needed to accompany the petition is extensive.

 

What is an L1A visa?

 

The L1A visa may be applied for if a US employer wishes to move an employee into a managerial position at an affiliate office in the US.

An L1A visa holder may split their time between the US office and other international branches.

Employers may also use the L1A visa for an employee in a managerial position to establish a new branch, subsidiary or affiliate office in the US. A foreign employer setting up a new office must be able to show that sufficient premises have been secured for the company.

An employee who is just visiting the US for meetings, conferences or training would not be eligible for an L1A visa. Alternative immigration route should be considered, such as the B-1 visa.

The L1A visa is not only open to large, multinational companies; smaller businesses and start-ups are increasingly making use of the L1A visa to expand in the US market. There is also no cap on the number of L1A visas that can be issued.

L1A visa holders can be accompanied by their dependants, including their spouse and children, under the L1A dependent visa. L1 spouses may also be able to work in the US, by applying for employment authorization.

The L1A visa also offers a path to US permanent residence.

 

L1A visa duration

 

Executives and managers will in most cases be granted the L1A visa for an initial period of three years. L1A visa holders can apply to extend this in two-year increments, up to a maximum of seven years as long as the company continues to operate as a multinational organization during this period.

For new branches, the L1A visa will be granted for one year, with the option of extending the visa.

If you opt not to apply for US permanent residence, you are required to leave the US on completion of the maximum L1 visa allowable period for at least one year before a new application can be made for L1 (or H) status.

 

L1A visa requirements

 

It is not necessary to be in full-time employment within the company to apply for the L1A visa, but you must be able to prove that a regular and large portion of time has been dedicated to the company. Likewise, there is no pay restriction on applying for an L1A visa, however, lower salaries may cause some issues with evidencing seniority and responsibility of the role.

There are no restrictions on applicant nationality (unlike, for example, the E visas).

To qualify for an L1A visa, you must be employed as either a senior manager or an executive and have worked for the non-US subsidiary, parent, affiliate or branch office of the US company for at least 12 months out of the three years immediately preceding the application.

The criteria to be considered a manager or executive are strict. It is a closely-scrutinised area of eligibility as you must be able to prove that you are directly responsible for major decisions within the company and have employees to direct and supervise:

 

L1A visa manager criteria

 

To qualify as a manager you must manage an organization or major department. You will need to supervise staff at a supervisory level. You will have the authority to ‘hire and fire’ employees. Essential functions of the organization will be your responsibility. Day to day functions will be under your control.

It will be important to take an objective assessment of whether the individual applicant meets these criteria. The petition will be tested thoroughly during the petitioning process. For example, a first line supervisor is not considered to be acting in a managerial capacity by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.

 

L1A visa executive criteria

 

To qualify as an executive you will be someone who directs the management of the company. You will set the goals and policies of the organization. You will have the freedom to make discretionary decisions. There will be minimal direction from higher-level executives, board members and stockholders.

Job roles that meet the L-1A executive requirements are usually company executives, employees that sit on the board of directors or shareholders of the organization.

 

L1A visa for business owners

 

The L1A visa can offer a route to owners of businesses (of potentially all sizes) to grow their US presence without a substantial investment requirement, provided the non-US business remains operational while the owner is working in the US.

 

L1A visa employer requirements

 

While there is no investment requirement under the L1 visa guidelines, the employer must be currently, or soon be, actively doing business as an employer in the US and other countries directly or through a qualifying organization.

A qualifying organization may be a parent company, sister company, branch, subsidiary or affiliate of the company. They will also need to have a qualifying relationship with the foreign company.

The company does not yet need to be trading at the time of the application, but it must have been officially formed and set up in the US.

 

L1A visa application process

 

Both employer and employee will be required to input into the application.

The employer should complete Form I-129, a Petition for a Nonimmigrant Worker, and pay L1A visa application fee of $190. This should be completed at least 45 days before your start date, but no more than 6 months.

The list of L1A supporting documents is extensive and it is important to get it right as mistakes inevitably result in applications being subject to delay or even refusal. Documents should include:

 

• evidence that the petitioner and the organization which employed you or will employ you are qualifying organizations;
• evidence that the employee will be employed in an executive, managerial, or specialized knowledge capacity;
• evidence that the employee will have one continuous year of full-time employment abroad with a qualifying organization within three years preceding the filing of the petition;
• evidence that the employee’s prior year of employment abroad was in a position that was managerial, executive, or involved specialized knowledge; and
• evidence that the employee’s prior education, training and employment qualifies him or her to perform the intended services in the United States.

 

Employers are to provide documents from the US company such as stock certificates, business lease, evidence of initial investment, tax returns, any employer quarterly reports, bank statements, audited accounts as well as contracts, invoices and company letterhead, among others.

The UK-based company will need to submit their business license, article of incorporation, all income tax for the last three years, audited accounts, information on employees with an organizational chart and position that the transferee holds, a company brochure, documents of all business transactions, bank statements and company letterhead.

Once the petition has been completed, the employer will need to complete Form I-197, Notice of Action showing the approval of Form I-129 granting the right to apply for an L1A visa.

The employee then uses the receipt number from the I-129 to complete the online Form DS-160.

 

L1A visa interview

 

Once the application has been submitted, the applicant will need to arrange and attend a visa interview.

At the interview, documents will need to be presented that evidence the transfer within the company, the applicant’s capability to conduct business in an executive position and verify the applicant’s identity. For example:

 

• Passports including a valid one with a minimum six-month validity from the date of the interview
• Latest resume
• A copy of the L1 petition
• Letter from the employer to consulate requesting the L1 visa on the applicant’s behalf
• Salary and tax documents
• Organizational chart
• Reference letters
• Description of duties
• Two of the applicant photographs

 

During the interview, you will be asked questions designed to verify your eligibility.

 

L1 blanket petitions

 

The L1 visa regulations allow employers who frequently use the L1 visa category for intracompany transfers to apply for a Blanket L Petition Approval. The advantage of a Blanket L Petition Approval is expedited processing of individual L1 visa petitions; rather than waiting for a USCIS petition approval, L1 candidates can apply directly for the L visa stamp at a US consulate.

Without Blanket L, a petitioning employer must file USCIS L1 petitions for their L1 candidates.

To qualify for a blanket petition, the organization must:

 

• Have a US-based office that has been doing business for at least one year
• Participate in commercial trade or services
• Have 3 or more domestic and foreign branches
• have obtained at least 10 L1 approvals in the year prior to applying for the blanket petition
• have US subsidiaries or affiliates in which the combined annual sales are a minimum of $25 million
• or have 1,000 employees or more.

 

The blanket visa will not guarantee the employee being granted L1A classification but will provide the employer the ability to transfer eligible employees to the US quickly.

 

L1A to Green Card

 

Whereas the L-1A is a non-immigrant visa (NIV), permitting temporary stay for specified permitted activities and duration, the EB-1C is an immigrant visa (IV), allowing the holder to remain in the US permanently.

The EB-1C category is an employment-based visa, aimed at multinational managers and executives who have already transferred to a US operation within a specialist managerial or executive role. L-1A visa holders generally have a high prospect of success with transfer to the EB-1C status.

EB-1C visas can only be applied for an individual basis; there is no blanket option unlike with the L-1A. There is no significant investment required to apply for the EB-1C, and no “conditional” green card period applies.

The qualification requirements are similar to those of the L-1A. Specifically, applicants must have been employed in the US as an executive or manager for at least one year with a sister, parent, subsidiary, or affiliate of the intended US employer.

The US operation must have been active for more than 12 months, and the overseas employer must make regular business transactions with the US and other countries.

The individual must have a job offer in the US in order to petition, although a valuable benefit is that EB-1C applications are exempt from the PERM Labor Certification.

Put briefly, the process of applying for EB-1C Green Card requires:

 

• Your employer files I-140 form
• Checking the Department of State visa bulletin for your priority date
• Filing for an adjustment of status or Consular processing to obtain legal permanent residency as soon as petition approved:
  • Consular processing: applicants outside the US will be required to attend an interview at a local embassy.
  • Adjusting your status: applicants in the US, file form I-485 with USCIS. Expect this to take 6 months. Note there is no option for premium processing.

 

There may be cases where an employer does not sponsor you for the EB-1C. You may have other options, such as the EB-1A for Aliens with Extraordinary Abilities. Take professional advice on your circumstances to ensure you proceed with the most appropriate category for you.

 

Differences between L1A and L1B visa

 

The L1B visa is for ‘specialized knowledge’ professionals who can evidence unique or special knowledge of the company’s service, research, product, techniques, management, equipment or interests and application in international marketplaces, or an advanced knowledge level, or expertise in the organisation’s procedures and processes.

It is granted for a period of 1 year for new companies and three years for existing companies. L1B visa holders may be granted L1B visa extensions of two-year increments for up to five years.

 

Need Assistance?

 

As dedicated US immigration attorneys, NNU can help you and your business with L1 visa petitions and interview preparation.

We can assist you with all aspects of the L1A visa process, from compiling supporting documents to dealing with the US immigration authorities. We also support with petitions for extensions and change of status applications.

If you have a question about the L1A visa, or any other US immigration-related matter, please contact us for advice.

 

L1a Visa FAQs

 

What is the L1A visa?

The L1A visa is a non-immigrant visa that allows multinational companies to transfer executives or managers from a foreign office to a US office. It is designed for high-level employees in managerial or executive roles.

 

How long can I stay in the US on an L1A visa?

The initial stay for an L1A visa holder is up to 3 years for established companies. For new offices, the initial stay is up to 1 year. Extensions can be granted, with a maximum total stay of 7 years.

 

Can my family come with me on an L1A visa?

Your spouse and unmarried children under 21 can accompany if eligible for the L2 visa. Your spouse may also be eligible for work authorization in the US.

 

What is the difference between the L1A and L1B visas?

The L1A visa is for executives and managers, while the L1B visa is for employees with specialized knowledge. The requirements and maximum duration of stay differ between the two visa types.

 

Can I apply for a green card while on an L1A visa?

The L1A visa allows for dual intent, meaning you can apply for a green card while maintaining your L1A status. The EB-1C category is often used by L1A visa holders to transition to permanent residency.

 

What are the eligibility requirements for the L1A visa?

To qualify for the L1A visa, you must have been employed in a managerial or executive capacity by a qualifying organization outside the US for at least one year within the last three years. The US company must have a qualifying relationship with the foreign company.

 

How do I extend my L1A visa?

You can apply for an extension of your L1A visa by filing a new Form I-129 with USCIS before your current visa expires. Extensions are typically granted in increments of 2 years, up to the 7-year maximum.

 

What happens if my L1A visa extension is denied?

If your extension is denied, you may need to leave the US when your current visa expires. You may also explore other visa options or reapply if the issues leading to the denial can be addressed.

 

Can I change employers while on an L1A visa?

The L1A visa is tied to your sponsoring employer. If you wish to change employers, you would need to apply for a different visa type that allows for employment with a new company.

 

Is there a cap on the number of L1A visas issued each year?

Unlike the H1B visa, there is no annual cap on the number of L1A visas that can be issued. As long as you meet the eligibility requirements, you can apply for the L1A visa at any time.

 

Glossary

 

Term	Definition
L1A Visa	A non-immigrant visa that allows multinational companies to transfer executives or managers from a foreign office to a US office.
L1B Visa	A non-immigrant visa similar to the L1A, but for employees with specialized knowledge rather than managerial or executive roles.
USCIS	United States Citizenship and Immigration Services, the agency responsible for processing immigration and visa applications, including the L1A visa.
Dual Intent	A doctrine that allows L1A visa holders to seek permanent residency (a green card) while maintaining their non-immigrant status.
Form I-129	The petition for a non-immigrant worker, used by employers to apply for an L1A visa on behalf of an employee.
New Office Petition	An L1A visa application filed by a company that is establishing a new office in the US, often subject to additional scrutiny and shorter initial visa duration.
EB-1C Visa	An employment-based immigrant visa category for multinational executives and managers, often used by L1A visa holders to transition to a green card.
Extension of Stay	The process of extending the L1A visa beyond its initial validity period, allowing the visa holder to continue working in the US.
L2 Visa	A visa granted to the dependents (spouse and children) of L1A visa holders, allowing them to accompany the visa holder to the US.
Managerial Capacity	A role involving the management of a company or a department, typically required for eligibility under the L1A visa.
Executive Capacity	A role involving making major decisions and overseeing the operations of a company, also qualifying for the L1A visa.
Multinational Company	A business entity that operates in at least two countries, with one office in the US and one or more abroad, eligible to sponsor employees for the L1A visa.
Blanket Petition	A pre-approved petition allowing large multinational companies to transfer multiple employees under the L1 visa category without needing individual petitions for each employee.
Initial Period of Stay	The initial time period granted to an L1A visa holder to stay and work in the US, typically up to 3 years for established companies.
Grace Period	A period of time allowed after the expiration of an L1A visa during which the visa holder can prepare to leave the US or change their visa status.
Transition to Green Card	The process by which an L1A visa holder applies for permanent residency in the US, often through the EB-1C visa category.
Sponsoring Employer	The US-based company that files the L1A visa petition on behalf of the employee, acting as the petitioner in the visa process.
Qualifying Organization	A business entity that meets the criteria to sponsor employees for the L1A visa, typically requiring a relationship between the US and foreign offices (e.g., parent, subsidiary, affiliate).
Recapture Time	The process of adding back time spent outside the US to the total allowable duration of the L1A visa, effectively extending the visa’s validity.