L-1A is used for intracompany transferees and allows the temporary transfer of employees (executives or managers) who continue employment with the same employer or a company of the group.
“The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.” (L-1A Intracompany Transferee Executive or Manager)
But, in particular, who can apply?
Below you may find a list of the requirements for an L-1A Intracompany Transferee Executive or Manager. Title 8 CFR § 214.2(l) Intracompany Transferees.
Time requirement. If – within the past three years – you have worked for one continuous year in your company, you may come to the United States to work temporarily in a parent, branch, affiliate, or subsidiary of that organization.
Foreign national’s qualification. You qualify if you possessed a managerial or executive position abroad and maintain this status in the United States. It doesn’t have to be the same category in the two countries. This means that you could be in a managerial position abroad and transfer to the United States as an executive but this wouldn’t be possible if abroad you worked in a lower ranking position, such as, for example a secretary. Please note that there is one exception. If you are starting a new office in the United States (operating less than 1 year) you will then have to have been employed in a managerial or executive position abroad and not in a specialized knowledge position.
Qualifying organizations. The applicable regulation defines a “qualifying organization” as a company that is either (i) a parent, branch, affiliate or subsidiary and that (ii) is already or will be doing business in both the United States and a foreign country for the duration of the foreign national’s stay in the United States.
Length of stay the L-1A allows. This type of Visa allows for a total of 7 years. If it is a new office, you start out with 1 year. If the office was already doing business for more than 1 year, you could ask for an initial period of 3 years and subsequently ask for extensions.
Some companies may qualify for Blanket Petitions which would allow employees to qualify to come to the United States more quickly by avoiding the individual petition requirements.
Priority worker. This is the enormous advantage of this visa (for example over the E-1/E-2 Visas) because it dovetails nicely with the EB-1C Greencard.
Spouses and children. Spouses and children of someone in L-1A status can apply for L-2 status. Spouses can apply for employment authorization, but children cannot.
L-1B for specialized knowledge. L-1B is for those who possesses a specialized knowledge. This visa varies for length of authorized stay – 5 years – and we will discuss it in a separate blog. The foreign national has specialized knowledge when she possesses advanced knowledge of the participating organization’s services and products or of how the organization works.
Originally published on CGCFirm on December 2017