The L1-A Visa Path for Non-Resident Managers and Executives

Setting up a company in the US

Ever wanted to invest in expanding your business operations into the U.S. but didn’t know where to start? As an international business owner or executive, you’ve built up your company abroad and are ready to take it to the next level. The L1-A visa may be your golden ticket to transferring a manager or executive from your overseas offices to help run your new U.S. branch.

The L1-A classification allows a U.S. employer to bring in a foreign employee with specialized knowledge to oversee operations in America. If you have dreams of growing your business across borders, the L1-A visa path could help make them a reality.


What Is the L1-a Visa for Intracompany Transferees?

What Is the L1-a Visa for Intracompany Transferees?

If you’re a manager or executive working for an international company with offices in the U.S., the L1-A visa may be your ticket to overseeing operations stateside. This nonimmigrant visa allows multinational companies to transfer certain employees to the U.S. for up to seven years.

To qualify, you must have worked for a parent, branch, affiliate, or subsidiary of the U.S. company abroad for at least one continuous year in the three years preceding the filing of the petition in an executive or managerial capacity. The U.S. company must be related to your foreign employer through common ownership or control.

As an L1-A visa holder, you’re permitted to live and work in the U.S. while maintaining your foreign residence. Your spouse and unmarried children under 21 years of age may be eligible for L2 visas to accompany or follow to join you. The L1-A is a dual intent visa, meaning you can apply for a green card during your stay.

The specifics of your job duties will determine if you qualify as an executive or manager. Generally, executives direct the management of an organization or a department, while managers supervise and control the work of other supervisory or professional employees. The key is exercising a high level of authority and discretion over operations.

If this sounds like an opportunity you’ve been waiting for, consult with an immigration attorney to determine if you meet the criteria and properly file a petition on your behalf. The L1-A visa can be just the thing to take your career and your company to new heights in the U.S.


L1-a Visa Requirements: Who Qualifies as a Manager or Executive?

To qualify for an L1-A visa, you must meet the definition of a manager or executive. This typically means having decision-making authority over key functions or a department, supervising other professional employees, and having a higher level of responsibility within the organization.

Educational Requirements

There are no specific degree requirements for an L1-A visa, but relevant work experience is essential. Managers and executives are expected to have many years of progressive experience in their field. The specific number of years depends on factors like the nature of the position, the level of responsibility, and standards within that industry or job function.

Job Responsibilities

As an executive or manager, your role should involve directing the management of the organization or a department, division, or subdivision of the organization. Responsibilities may include supervising and controlling the work of other supervisory or professional employees, having the authority to hire and fire or recommend personnel actions, and exercising discretion over day-to-day operations.

Relocation to the U.S.

If approved for an L1-A visa, you will be authorized to relocate to the U.S. to work for the sponsoring employer. Your spouse and unmarried children under 21 years of age may be eligible for dependent visas (L-2) to accompany you. Dependents may enroll in school or apply for work authorization during their stay.

With the right experience, responsibilities, and company support, an L1-A visa can be an excellent option for multinational managers and executives to transfer to the United States. By meeting the qualifications and working with an experienced immigration attorney, you’ll be overseeing your U.S. team in no time.


How to Apply for an L1-a Visa for Your Business

To apply for an L1-A visa for a manager or executive in your company, follow these key steps:

Determine if you meet the requirements. The individual must have worked abroad for your company for at least one year in the past three years in an executive or managerial role. They will oversee and control the work of other employees or manage an essential function of the organization.

File a petition. The U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with the USCIS service center that has jurisdiction over the place of employment. You must provide evidence showing the relationship between the U.S. and foreign employer, the job duties and qualifications of the employee, and their length of stay in the U.S.

Application review. USCIS will review your petition and may request additional evidence or schedule an interview. The process typically takes 2 to 3 months. Once approved, USCIS will mail you an I-797 approval notice.

Apply for the visa. The employee takes the I-797 approval notice to their local U.S. embassy or consulate to apply for the actual L1-A visa. They will need to schedule an interview, bring the approval notice and evidence showing strong ties to their home country. The consular officer will determine if the employee qualifies for L1-A classification.

Enter the U.S. With the L1-A visa, the employee may enter the U.S. for up to seven years for managers and executives. Spouses and unmarried children under 21 may be able to enter on L-2 visas. The employee will need to report to USCIS if there are any changes in their job duties or work location.

An L1-A visa allows valued managers and executives in international companies to oversee U.S. operations or launch new offices. By following the proper steps, you can bring key personnel to guide your company’s success and growth in America.

Looking for an immigration attorney?: Schedule a call with us for an introduction here.


Benefits of the L1-a Visa for Foreign Investors and Managers

As a foreign investor or executive, the L1-A visa offers several appealing benefits.

Fast-track to Green Card

The L1-A visa provides a direct path to permanent residency in the U.S. through the EB-1C green card category. Managers and executives who have worked in the U.S. for over 1 year on an L1-A visa may be eligible to apply for an EB-1C green card, allowing them to live and work permanently in the U.S.

Bring Family

L1-A visa holders can bring their spouse and unmarried children under 21 to live in the U.S. Your family members will receive L2 visas, allowing them to live, attend school, and work in the U.S. for the duration of your L1-A visa.

No Labor Certification Required

Unlike many other U.S. work visas, the L1-A visa does not require a labor certification or test of the U.S. labor market. As long as you meet the visa requirements, USCIS will approve your L1-A visa petition. This streamlined process allows for faster processing times.

Flexibility

L1-A visa holders have a great deal of flexibility. You are allowed to travel freely in and out of the U.S. You can also transfer between the U.S. and foreign offices of your company. Your spouse can obtain work authorization, allowing them to work for any U.S. employer.

Tax Benefits

As an L1-A visa holder, you may be exempt from Social Security and Medicare taxes on income earned in the U.S. You will still be subject to federal income taxes on U.S. income, but the tax exemption can result in significant savings.

The L1-A visa provides executives and managers a fast, flexible, and family-friendly path to work and live in the United States. With the additional benefits of a streamlined green card process, tax exemptions, and spouse work authorization, the L1-A visa is an excellent option for foreign companies looking to expand their operations in the U.S. market.


Frequently Asked Questions About the L1-a Visa

So you’ve decided the L-1A visa path is right for transferring a manager or executive employee to your U.S. office. That’s great news! However, you likely have a few questions about the details. Here are some of the most frequently asked questions about the L-1A visa:

What positions qualify as managers or executives?

Managers and executives are those who direct the organization or a department, subdivision, function, or component of the organization. Typically, a managerial or executive position supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function.

What evidence do I need to show the relationship between companies?

You’ll need to demonstrate that the U.S. and foreign companies are related as a parent, branch, affiliate, or subsidiary. Things like organization charts, financial statements, and letters describing the relationship between the companies can be used as evidence.

How long is the initial stay period?

The maximum initial stay period for the L-1A visa classification is three years. After the initial stay period, extensions can be granted in two-year intervals for a total stay of up to seven years.

Can L-1A visa holders get a green card?

Yes, L-1A visa holders may be eligible to apply for lawful permanent resident status (a green card) through the EB-1C employment-based visa preference category. The EB-1C category is for multinational managers and executives.

What about dependents?

Spouses and unmarried children under 21 years of age may be admitted to the U.S. in L-2 nonimmigrant status. The principal L-1A alien must continue to maintain the spouse and child in L-2 status.

We hope this helps address some of the most common questions about the L-1A visa path. Please let us know if you have any other questions!


Conclusion

So there you have it, the basics of the L1-A visa – a powerful tool for bringing key talent from your overseas operations into your U.S. business. While the application process can be complex, the potential benefits to your company’s growth and success are huge.

If you’ve got ambitious plans to expand in the United States, the L1-A visa deserves your consideration. It could be the key that unlocks the door to a new phase of innovation, leadership, and opportunity. Time to make that investment in your business’s future and bring your rock stars stateside. The rewards will be well worth the effort.

Questions? – Reach out to us at contact@yondaa.com