L-1A Visa: Intra-Company Transfers for CEO, CFO or Managerial Executives

The L-1 visa is a non-immigrant visa which allows companies operating both in the U.S. and abroad to transfer certain employees from its foreign operations to U.S. operations for up to 7 years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your U.S. company outside of the U.S. for at least one year out of the last three years.

 

There are two types of L-1 visas. The L-1A visa allows U.S. employers to transfer their foreign executives and managers to their offices in the U.S. The L-1B visa allows U.S. employers to transfer their professional employees with specialized knowledge to their offices in the U.S.

 

L-1A Visa for Managers and Executives

The L-1A Visa is a non-immigrant visa allowing companies operating in the U.S. and abroad to transfer employees from the foreign operations to U.S. operations for up to 7 years.

 

The legal definition of management and executive roles for these purposes is strict, a detailed description of the duties attached to the position is required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. A L1A visa is initially issued for a three year period extendible in 2 year increments for up to a maximum of 7 years.

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Employer Qualifications for an L-1A Visa

Both the employer and the employee have to meet specific requirements to qualify for the L-1A visa. The requirements for the employer include:

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• The U.S. employer must have a qualifying relationship with the foreign company such as being the parent company, being a branch of the foreign company, or otherwise have an affiliation with the foreign company.

• The U.S. employer must be currently doing business in the U.S. as well as a foreign country for the duration of the employee’s stay in the U.S.

• If the employer is seeking a L1A, it may not be necessary for the foreign company to show that it has current affiliations with a U.S. office. Instead, the employer can show that it is sending over an employee with specialized knowledge to help establish one.

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Employee Qualifications for an L-1A Visa

An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge.

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Qualifications that the employee must meet to qualify for an L-1A visa include:

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• The employee typically must have worked for the foreign organization for at least one full year within the past three years of seeking admission into the U.S.

• For the L-1A visa, the employee must be in an executive or managerial role. An executive means that the employee can make decisions and does not require a lot of oversight. A manager typically refers to an employee who supervises and controls the workforce or component of an organization’s workforce.

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Spouses and children of the L-1A visa holder may obtain an L-2 visa to enter and remain in the U.S. L-2 Spouses may apply for a work permit while residing in the United States in L-2 nonimmigrant status. L-2 spouses and children may also attend school in the U.S.

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Contact us to discuss your situation and see if the L-1 visa is appropriate to your needs.

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