An L-1A visa is an intracompany transferee visa which allows an executive or manager of a foreign company to be transferred to their company’s affiliate office in the United States. This visa also applies to those who are not yet working as an executive or manager capacity but will be once transferred to the company’s office in the United States. Additionally, an L-1A visa applies to foreign employers who want to send an employee to the United States as an executive or manager to start a new office.

To start a new office in the United States, an L-1A visa is good for a maximum initial stay of one (1) year. However, all others, an L-1A visa is good for three (3) years with extensions in increments of two (2) years until the maximum limit of seven (7) years is reached.

To qualify for an L-1A visa, the candidate must be employed by the foreign employer for at least one (1) continuous year within the last three (3) years. The candidate must also be pursuing to work in an executive or managerial capacity once in the United States. There is no clear definition of what an executive role or managerial role entails. However, generally, a managerial role is considered to have the authority to hire/fire employees, have rights and responsibilities beyond the typical employee, have control over supervisors or other employees, among other obligations. An executive role generally considers whether the executive is only supervised by stakeholders and board of directors, whether the executive is in charge of creating policy rules and regulations for the company, among other duties.

Some advantages of an L-1A visa includes no minimum educational requirement for the L-1A visa candidate; spouses and unmarried children under twenty-one (21) can apply for an L-2 visa and accompany the L-1A visa holder in the U.S.; and there is no limit on the number of L-1A visas that can be issued per year unlike other work visas.

Remember, an L-1A visa is a nonimmigrant visa which means it is not a green card. However, a green card can be the next step for individuals who have an L-1A visa since an L-1A visa is dual-intent. To learn more about L-1A visas and/or to discuss your case, give our law office a call at 972-905-0948 to schedule a consultation appointment with the Attorney.