The L-1A intracompany transferee executive or manager visa allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have a U.S. office to send an executive or manager to the United States to establish one. The employer must file Form I-129 on behalf of the executive or manager employee and pay the filing fee.
L-1A Intracompany Transferee Visa Employer Requirements
I. Basic Requirements for L-1A Visa Employers
1. The company where the L-1 visa applicant was previously employed and the company where they will work in the U.S. must have a qualifying relationship, such as parent-subsidiary, branch, or affiliate relationship, and
2. The company is currently doing business, or will do business, in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary's stay in the U.S. as an L-1.
II. Requirements for Establishing a Branch in the U.S.
When a foreign employer sends an employee to the U.S. to establish a branch, the employer must demonstrate:
1. The applicant has secured sufficient physical premises in the U.S.
2. The employee has been employed as an executive or manager for the employer for at least one continuous year within the three years preceding the filing of the petition.
3. The new U.S. branch will support an executive or managerial position for the employee within one year of the L-1A visa approval.
L-1A Intracompany Transferee Visa Application Requirements
1. The employee has been employed abroad by the employer for at least one continuous year within the three years preceding the filing of the petition.
2. The employee will continue to serve the same employer in an executive or managerial capacity at the U.S. branch.
Note: Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight. Managerial capacity refers to the employee's ability to supervise and control the work of professional employees and to manage the organization, department, subdivision, or function. It also refers to the employee's ability to manage an essential function of the organization at a high level without direct supervision.
