Intracompany Transferee Visa

L-1A
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Overview

The L-1A visa is a U.S. work visa that allows multinational companies to transfer executives and managers to their offices in the United States. It is ideal for business leaders who oversee operations, manage teams, or direct key company functions. With an initial stay of up to three years (extendable to seven years), the L-1A visa also provides a faster pathway to a Green Card through the EB-1C category, making it one of the most attractive options for international companies and executives seeking to expand business operations in the USA. It’s an excellent pathway for expanding business operations in the U.S. while retaining key talent.

The L-1 visa is divided into two categories: L-1A and L-1B. The L-1A visa is designed for executives and managers who oversee company operations, departments, or teams. In comparison, the L-1B visa is intended for professionals with specialized knowledge about the company’s products, services, or processes that are not easily available in the U.S. labor market. L-1B holders can stay for up to five years and usually require the labor certification process when applying for permanent residency. 

 

What is L-1A Visa?

Am I Eligible?
Eligibility

Am I Eligible for a L-1A Visa?

An alien may qualify as an L-1 intracompany transferee if:

–He or she was employed abroad continuously for 1 of the 3 years preceding the application for admission to the United States;

—The 1 year of continuous employment abroad was in a managerial or executive capacity or in a position that involved specialized knowledge;

—He or she is seeking to enter the United States temporarily to render their services to the same employer (which includes a branch of the foreign employer) or its parent, affiliate, or subsidiary; and

—The position in the United States will be in a managerial or executive capacity or will involve specialized knowledge.

In addition, the qualifying employer who intends to temporarily transfer an employee to work in the United States must demonstrate that:

  • —There is a qualifying relationship between the entity in the United States and the foreign operation that employs the beneficiary abroad;
  • —The petitioning employer will continue to do business both in the United States and in at least one other country, either directly or through a parent, branch, subsidiary, or affiliate for the duration of the beneficiary’s stay in the United States;
  • —The beneficiary has been employed abroad continuously by the foreign office for at least 1 of the last 3 years; and
  • —The beneficiary’s prior year of employment abroad was in a managerial, executive, or specialized knowledge capacity and that the prospective employment in the United States will be in a managerial, executive, or specialized knowledge capacity.

Depending on the nature of the petitioner, USCIS may require different types of evidence to demonstrate ownership and control for purposes of establishing the qualifying L-1 relationship. USCIS considers ownership of more than 50 percent of an organization as evidence of control. Control based on ownership of more than 50 percent is called de jure control. However, it is possible for an owner of 50 percent or less of a company to exercise de facto control over the organization.

In addition to a statement of an authorized official regarding ownership and control of each qualifying organization, organizations should submit other evidence of ownership and control, which may include but is not limited to: records of stock ownership, partnership agreements, operating or LLC agreements, member certificates, audited financial statements, profit and loss statements or other accountant’s reports, tax returns, or articles of incorporation, by-laws, and minutes of board meetings.

If the beneficiary is coming to the United States to open a new office, USCIS requires proof of ownership and control, in addition to financial viability. The petitioners’ statement of ownership and control should therefore be accompanied by appropriate evidence such as evidence of capitalization of the company or evidence of financial resources committed by the foreign company, operating or LLC agreements, partnership agreements, articles of incorporation, by-laws, and minutes of board of directors’ meetings, corporate bank statements, profit and loss statements, accountant’s reports, or tax returns.

What is required?
Requirements

What are the requirements for a L-1A Visa?

To qualify for an L-1A visa, you must provide proof of your employment history with the foreign company, along with evidence of the qualifying business relationship between the U.S. and foreign offices. The company must demonstrate its ability to support your executive, managerial role in the United States, as well as maintain valid business operations in both countries

When seeking L-1 classification on behalf of a beneficiary, the petitioner must submit the following:
 
  • — Evidence that the petitioner is a U.S. or foreign firm, corporation, or other legal entity;

  • Evidence that the petitioner is a parent, branch, affiliate, or subsidiary;

  • — Evidence that the beneficiary’s prospective L-1 employment in the United States will be primarily in a managerial or executive capacity, or will involve specialized knowledge; and

  • — Evidence that the beneficiary was employed abroad by the petitioner, or its parent, branch, affiliate, or subsidiary, on a full-time basis 
  •  
  • — Evidence of Doing Business (Annual reports, containing audited or reviewed financial statements; Audited financial statements; Reviewed financial statements; and Federal tax returns.);

  • — Organizational charts (U.S. and foreign)

  • — Foreign Tax Documentation
  •  
Along with other supplemental documentary evidence, which varies case by case.
How long is the process?
Duration

How long does it take to get a L-1A Visa?

L-1A visa’s processing period varies as it is dependent on the circumstances and the method chosen. Under regular processing, it typically takes around three to six months. However, applicants can opt for premium processing, which shortens the review period to 15 calendar days for an additional USCIS fee. Delays may occur if USCIS requests additional evidence or if there are longer interview wait times at the U.S. Embassy or Consulate.

How long is it valid?
Validity

How long will my L-1A Visa be valid?

For managers and executives, the L-1A visa has a maximum stay of seven years. It typically begins with an initial period of one to three years, with extensions available in two-year increments.

How much does it cost?
Costs/Fees

What are the costs/fees in applying for a L-1A Visa?

Typical costs for an L-1A visa include a USCIS filing fee of $460, a fraud prevention and detection fee of $500, and an optional premium processing fee of $2,805 for expedited results. Additional attorney and consultation fees will also apply.

For pricing please Contact Us

How can I get started?
Process

How can I apply and what is the process?

The L-1A visa process begins with an eligibility assessment, where we review your profile and company structure. This is followed by document collection, including company records, proof of the qualifying relationship, and employment details. Once all documents are prepared, the attorney will file Form I-129 with USCIS and await their review, which may result in an approval or a request for additional evidence. If you are applying from outside the United States, the next step is to submit a visa application at a U.S. Embassy or Consulate. Finally, you will attend an interview, and if approved, you can travel to the U.S. and begin your work.

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FAQs

  • Can I apply for an L-1A if I am the owner of the company?
    Yes, company owners are eligible to apply if they meet all L-1A requirements and will serve in a qualifying executive or managerial capacity. If the U.S. office is new, you must submit a detailed business plan and meet the 1-year deadline for expansion.
  • What is the difference between L-1A and L-1B?
    The L-1 visa is a popular U.S. work visa that allows multinational companies to transfer employees to their offices in the United States. It is divided into two categories: L-1A and L-1B. The L-1A visa is designed for executives and managers who oversee company operations, departments, or teams. It provides an initial stay of up to three years, extendable to a maximum of seven years, and offers a direct path to a Green Card through the EB-1C immigrant visa category, without the need for labor certification. In comparison, the L-1B visa is intended for professionals with specialized knowledge about the company’s products, services, or processes that are not easily available in the U.S. labor market. L-1B holders can stay for up to five years and usually require the labor certification process when applying for permanent residency.
  • Is the 1-year prior employment requirement flexible?
    No. You must have worked 1 continuous year within the last 3 years before applying.
  • Can my family come with me on an L-1A visa?
    Yes. Your spouse and unmarried children under 21 can apply for L-2 dependent visas. As of November 12, 2021, USCIS considers certain L-2 nonimmigrant dependent spouses employment authorized incident to status who are no longer required to obtain employment authorization before engaging in employment.
  • Can the L-1A visa be revoked?
    Yes, if you violate its terms, such as working for a different employer or misrepresenting information.
  • Does the L-1A visa allow freelance work?
    No, you must only work for the sponsoring employer and fulfill duties mentioned on your petition. You can be an investor in any other company which doesn't require you to work as a regular employee.
  • Can I apply for a green card while on L-1A status?
    Yes. L-1A is a “dual intent” visa, so you may pursue a green card without jeopardizing your visa.
  • Can a branch office sponsor an L-1A?
    Yes, a branch office can sponsor an L-1A.
  • Can I work part-time on L-1A?
    No, the L-1A is intended for full-time executive or managerial positions.
  • Can I run my own side business?
    You may own a business, but you cannot actively work for it unless it is your petitioning L-1A employer.
  • Can my children attend school?
    Yes, your children can attend a public school or university in the U.S. on an L-2 visa, but there are important considerations: they can only study while their L-2 status is valid, which typically ends when they turn 21. For higher studies, a child has to change his visa status to F-1.
  • Is there a minimum salary for L-1A holders?
    No fixed minimum, but pay should reflect the executive/managerial nature of the job.
  • Does my spouse’s work authorization end when my L-1A ends?
    Yes, their L-2 status is tied to your L-1A status.
  • Is there a limit on the number of L-1A visas issued each year?
    No, there’s no annual cap by USCIS.
  • Can I live in one state and work in another on L-1A?
    Yes, if your role allows it and it’s consistent with your petition.
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Disclaimer: US Immigration Consultants Ltd. is not a Law Firm or Immigration Attorneys. 

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We have no relationship with any government agency.  We do not provide legal services, legal advice, or legal representation in the USA or UAE.

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