With the nature of today’s global economy, multinational companies thrive by placing their top talent where it’s needed most. When a key executive or manager from a foreign office needs to lead a team or direct operations in the United States, the L-1A visa is the primary tool to make that happen. This visa is specifically established for intracompany transferees, allowing for the seamless relocation of pivotal leadership to US offices.
Understanding the specifics of a high-level work visa can feel complex for both the company and the employee. At Remitly, we’ve created this comprehensive guide to the L-1A visa—from eligibility to the application process, key benefits, and common challenges—to make your international journey clear and stress-free.
What is the L-1A visa and who qualifies?
The L-1A is a non-immigrant visa created for executives and managers of multinational companies. Below, we’ll outline the core requirements for both the employee and the company.
Defining the L-1A
The L-1A visa allows a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. It also enables a foreign company that does not yet have a US office to send an executive or manager to the US to establish one.
Key employee qualifications: The one-year rule
To be eligible, the employee must have worked for the qualifying foreign company for one continuous year within the three years immediately preceding their admission to the United States. This employment must have been in an executive or managerial capacity.
Qualifying company relationship
The US company and the foreign company must have a qualifying corporate relationship. This means the US office must be a parent, branch, affiliate, or subsidiary of the foreign entity where the employee currently works.
Defining “executive” and “managerial” capacity
A critical part of the L-1A application is proving that the employee’s role meets the specific definitions set by US Citizenship and Immigration Services (USCIS). These roles are about high-level responsibilities, not just a senior title.
What USCIS considers “executive capacity”
An executive role primarily involves directing the management of the organization or a major component of it. Duties include:
- Directing the management of the organization or a major function.
- Establishing goals and policies.
- Exercising wide latitude in discretionary decision-making.
- Receiving only general supervision or direction from higher-level executives, the board of directors, or shareholders.
What USCIS considers “managerial capacity”
A manager’s role can be either a “personnel manager” or a “function manager.” Duties include:
- Managing the organization, a department, subdivision, or function.
- Supervising and controlling the work of other supervisory, professional, or managerial employees, or managing an essential function within the organization.
- Having the authority to make or recommend decisions on hiring, firing, and other personnel actions (if managing staff), or functioning at a senior level (if managing a function).
- Overseeing the day-to-day operations of the activity or function.
Required documentation for the L-1A visa petition
A strong and well-documented petition is essential for a successful L-1A application. Both the company and the employee must provide specific evidence to support the application.
For the sponsoring company
- Evidence of the qualifying relationship between the US and foreign company (e.g., articles of incorporation, financial statements, tax records, corporate filings).
- Proof that both the US and foreign entities are actively engaged in business.
- For companies establishing a “new office” in the US, evidence of a physical location and a detailed business plan.
For the transferee employee
- Proof of continuous employment abroad for at least one year in the last three years (e.g., pay stubs, employment contracts, tax records).
- A detailed description of their proposed job duties in the US, demonstrating they will be acting in an executive or managerial capacity.
- Organizational charts showing their high-level position within both the foreign and US company structures.
- Evidence of their qualifications, such as a resume, diplomas, and performance reviews.
The L-1A application process: A step-by-step guide
The L-1A process begins with a petition filed by the US employer.
Step 1: Employer files Form I-129 with USCIS
The sponsoring US employer starts by filing Form I-129, Petition for a Nonimmigrant Worker, with USCIS, along with the L Classification Supplement and all required supporting documentation.
Step 2: The L-1 blanket petition option for large companies
Large multinational companies that frequently transfer employees to the US may be eligible to file a “Blanket L” petition. If approved, this allows the company to transfer employees by having them apply for L-1 visas directly at a US consulate without needing an individual I-129 petition approved for each person first, streamlining the process significantly.
Step 3: Consular processing for the employee
Once the I-129 petition is approved by USCIS (for individual petitions), the employee must apply for the L-1A visa stamp at a US embassy or consulate abroad. This involves:
- Completing Form DS-160, Online Nonimmigrant Visa Application.
- Paying the visa application fee.
- Scheduling and attending a visa interview.
Visa validity, duration, and renewals
The duration of an L-1A visa depends on whether the US office is newly established or has been operating for some time.
Initial period of stay: New vs. established offices
New US offices: The L-1A visa for an employee coming to establish a new office is initially granted for one year.
Established US offices: For employees transferring to an office that has been active for over a year, the initial visa is granted for up to three years.
Extending your stay: The seven-year maximum
L-1A visas can be extended in two-year increments until the employee has reached the maximum total stay of seven years. The employer must file a new petition with USCIS to request an extension.
Key benefits of the L-1A visa
The L-1A visa offers several significant advantages for both the employee and their family.
Direct path to a green card
The L-1A visa is a “dual intent” visa, meaning the holder can have the temporary intent to work in the US while also having the long-term intent to immigrate permanently. Many L-1A holders are sponsored by their employers for a green card through the EB-1C category (Multinational Manager or Executive), which often has a shorter wait time than other employment-based green card categories.
L-2 visas for spouse and children
The spouse and unmarried children under 21 of an L-1A visa holder are eligible for L-2 dependent visas, allowing them to live in the US with the principal visa holder.
One major benefit is that spouses with L-2 status are eligible to apply for an Employment Authorization Document (EAD), allowing them to work for any employer in the US.
Common challenges and solutions
L-1A petitions receive a high level of scrutiny from USCIS.
Proving the role is truly executive or managerial
Do not rely on job titles alone. Provide highly detailed job descriptions that use the same key terms found in the official definitions. Include organizational charts, performance reviews, and evidence of the employee’s decision-making authority.
Documenting the qualifying corporate relationship
Provide clear legal and financial documents that prove the US and foreign entities are linked as parent, subsidiary, affiliate, or branch offices. This can include stock certificates, annual reports, and corporate tax returns.
An RFE is a request from USCIS for more information. Respond thoroughly and precisely to every point raised in the RFE, providing the specific documentation requested. A weak RFE response is a common reason for denial.
Tips for a successful L-1A application
To boost your chances of approval, here are key strategies that make your application clearer, stronger, and more aligned with USCIS expectations.
Provide detailed organizational charts
Create charts for both the foreign and US entities that clearly show the transferee’s high-level position and the employees they manage (directly or indirectly) or the essential function they control.
Clearly outline job duties
Break down the proposed job duties by the percentage of time spent on each task. Ensure the vast majority of time is allocated to executive or managerial tasks, not day-to-day operational or administrative work.
If time is a factor, the employer can pay an additional fee for the USCIS’s Premium Processing Service, which guarantees an adjudication decision within 15 days.
Ready to start your executive journey in the US?
Now that you have a clear understanding of the L-1A visa, you’re well-positioned to take the next step. With careful preparation and expert support, businesses and employees can navigate the process smoothly and unlock long-term benefits and opportunities.
Time to start your L-1A journey with confidence and take your career global!
FAQs
What is considered an “executive” or “managerial” role for the L-1A visa?
An executive role involves directing the company’s goals and policies with wide decision-making authority. A managerial role involves supervising professional staff or managing an essential company function, rather than performing the day-to-day operational tasks.
How long does an L-1A visa application take to process?
Standard processing of the I-129 petition at USCIS can take several months. With premium processing, wait time can be reduced to 15 days. Consular processing for the visa stamp abroad adds several more weeks or months.
Can L-1A visa holders apply for a green card?
Yes. The L-1A visa provides one of the most direct pathways to a green card through the EB-1C employment-based category for multinational managers and executives.
What distinguishes the L-1A from the L-1B visa?
The L-1A is for executives and managers. The L-1B visa is for employees with “specialized knowledge” of the company’s products, services, research, equipment, techniques, or management. The L-1B has a shorter maximum stay of five years.
Is the L-1A visa available for startup companies with newly established US offices?
Yes. An L-1A visa can be used to send an executive or manager to open a “new office” in the US. In this case, the initial visa is granted for one year, and the company must provide a detailed business plan and evidence of a physical location for the new office.