L-1A — Intracompany Transferee, Manager or Executive

Q: My company does not have a U.S. office yet, but we plan to open one. Can I get an L-1A to establish and run that new office?

Yes — this is the /new office/ L-1A. If the U.S. entity has been doing business for less than one year, USCIS may approve an initial petition for up to one year, during which the new office is expected to become operational. Extensions require evidence that the U.S. office is actively doing business and supports a managerial or executive role. You must still meet the one-year-of-qualifying-employment-abroad requirement. A business plan is usually a critically important element of “new office” L-1 applications.

This is the best place to prepare for your initial consultation with our attorneys. Here, you can learn more about the requirements and considerations for obtaining a specific type of visa, as well as find answers to the most frequently asked general questions.

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L-1A

Basics

The L-1A visa is for managers and executives of multinational companies that are being transferred from a foreign office to the United States.

Answers to Frequently Asked Questions About This Visa Type

This list of questions will help you prepare for your consultation with an attorney

What companies qualify for L-1 transfers?

The U.S. entity and the foreign entity the person is being transferred from must have a qualifying corporate relationship — that is, they are the same employer or are related as parent, branch, subsidiary, or affiliate. Affiliates are companies that have the same parents or owned by the same individual fight at least 50%, or they are owned by the same group of individuals in approximately the same proportion. Both the U.S. entity and at least one foreign entity in the group (not necessary the one where the person is being transferred from) must be doing business (regularly, systematically, and continuously) for the duration of the transfer. In addition, the employee must have worked for the qualifying organization abroad for at least one continuous year within the three years before the petition. In some cases, it is possible to establish a required relationship by a foreign company purchasing an American company, or vice versa.

Who qualifies as an executive for L-1 visa purposes?

Executive capacity generally means the employee primarily directs the management of the organization or a major component or function; sets goals and policies; exercises wide latitude in discretionary decision-making; and receives only general supervision from higher-level executives, the board, or stockholders. In startups, this usually describes a founder or C-level officer — for example, a CEO who sets product and commercial strategy, approves the budget and hiring plan, and answers only to the board, or a CTO who directs the whole technical organization through subordinate engineering managers. It can also describe the head of a major component of the business, such as a department head or a regional manager. Continuing to write code or work on the product does not automatically defeat executive capacity, but USCIS expects the executive duties to be the primary ones and expects an organizational chart and staffing plan that make that credible.

Who qualifies as a manager for L-1 visa purposes?

Managerial capacity generally means the employee manages the organization, a department, subdivision, function, or component; supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function; has authority over personnel actions (or, for a function manager, operates at a senior level within the organization or function); and exercises discretion over day-to-day operations. A first-line supervisor of non-professional employees is generally not a manager unless the supervised employees are professionals. A personnel manager might be an engineering manager who supervises engineers, sets their objectives, and holds real authority over hiring, performance reviews, and termination. A function manager might be the head of information security, data infrastructure, or regulatory compliance, who owns an essential function at a senior level, sets its direction and budget, and delivers it through vendors, contractors, or a small specialized team rather than a large headcount. In a small company, expect USCIS to test whether a genuine managerial tier exists, so include an organizational chart, position descriptions for the people or function managed, and a hiring plan.

My company does not have a U.S. office yet, but we plan to open one. Can I get an L-1A to establish and run that new office?

Yes — this is the "new office" L-1A. If the U.S. entity has been doing business for less than one year, USCIS may approve an initial petition for up to one year, during which the new office is expected to become operational. Extensions require evidence that the U.S. office is actively doing business and supports a managerial or executive role. You must still meet the one-year-of-qualifying-employment-abroad requirement. A business plan is usually a critically important element of “new office” L-1 applications.

Are there any rules about salaries to be paid L-1A workers?

There is no prevailing-wage requirement for L-1A. The transferee must be a bona fide employee of the qualifying organization; the salary may be paid by the U.S. or the foreign entity.

Can my spouse work in the United States on an L-2?

Yes. L-2 spouses are authorized to work incident to their status and do not need a separate work permit; an I-94 annotated "L-2S" serves as proof of work authorization (they may still request an EAD card if they want one). Your unmarried children under 21 may also hold L-2 status and attend school in the United States, although L-2 children are not authorized to work.

Does the L-1 lead to a green card?

It can. L-1A managers and executives often have a natural path to the EB-1C multinational manager/executive green card, which does not require PERM labor certification. L-1 is a “dual intent” category, so pursuing a green card does not undermine your L-1 extensions or your admission at the border.

What happens to my L-1 status if my employment ends?

You generally have up to 60 consecutive days — or until the end of your authorized stay, if that is shorter — to change to another status or depart. Because L-1A depends on previous work at the employer’s foreign division, a transfer to an unrelated company almost always means qualifying for a different visa category. Note that L-1 also depends on the qualifying multinational relationship: if the U.S. or foreign entity is sold, wound down, or restructured, your status can be affected even if your job continues, so those transactions should be reviewed before they close.

Should the petition request a change of status, or should I apply at a consulate?

If you are already in the United States in a valid status, the L-1 petition can request a change of status so you do not have to travel. If you are abroad, the petition is approved first and you apply for the L-1 visa at a U.S. consulate. A change of status gives you L-1 status but not an L-1 visa, so you will need a consular appointment before your next re-entry.

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