L1A Visa for Executive/Manager Transfer

L1A Visa applicants may apply for the L1A visa, which is a temporary work visa that is valid for seven years, from the US Embassy in their home country, if they have been employed as executives or managers by a non-US company abroad for at least one of the past three years.  L1A visa holder may travel to the United States to work in a similar position during the validity of the visa. Those coming to the U.S. on a L1A visa will work in a managerial or executive capacity at a related company in the U.S. or they will supervise the opening of a new branch office or entity in the U.S. that is associated with the non-U.S. company with whom they were employed.

L1A Visa Requirements for U.S. Company

The petitioning employer, which is the business entity located in the United States, must meet certain requirements. What follows are the basic requirements that our immigration attorney can explain further if you contact our office for a free consultation.

The U.S. company must have a formal relationship with the foreign entity (business affiliation). The affiliation may be established in various ways, including as a subsidiary, affiliate or branch. The formal relationship must be verified and it can be demonstrated by revealing that one company has control over the other (in terms of stock ownership or existing contract) or by the fact that the same group or person controls both business entities.

1. Here are a few factors to consider to determine business affiliation:
2. A foreign company owns at least 50% of a US subsidiary, and have veto powers over the subsidiary’s actions;
3. A US parent must own at least 50% of the foreign subsidiary, and have veto powers over the subsidiary’s actions;
4. Affiliate US and foreign companies must each be at least 50% owned by the same 3rd business entity;
5. A US organization with a branch office abroad qualifies, as does a foreign organization with a US branch (though this must be more than simply an agent or representative);
6. A US organization which employs, for example, sales personnel overseas, can sponsor such employees for L1′s even if there is no non-US office.
7. Note that the ownership requirements are not as strict in the case of vary large corporations, where a substantial minority shareholding will be a qualifying relationship.

L1A Visa Requirements for Executive Manager

Along with the requirements for a manager or executive noted section above, there are specific duties relating to the positions of manager and executive that define these positions.

A person is considered a manager if he or she supervises and is responsible for a specific area of a company, subdivision, department or the entire company. They may control, monitor and supervise various types of employees and/or essential functions of that company. A manager also has the authority to make important decisions regarding the daily operations of the business entity or a specific area of the entity and is charged with making decisions related to personnel and allocation of resources. In the company, they function at a senior level.
Those who work at the executive level possess the authority to create policies and goals for the business and have the power to make decisions that affect the firm or company in a major way.  It would be helpful to also show that supervision of the executive position is undertaken by a select few such as stockholders, a board of directors or executives who possess a higher rank.

The standard of proof’ for managers and executives is quite strict – they must generally supervise other professional or managerial staff and/or direct and control the day-to-day operations of a significant function, unit or subdivision of the employer. Specialized knowledge workers, however, qualify relatively easily – any employee with familiarity with the employer’s specific products, procedures or methods may qualify.

Difference Between L1A and L1B Visa

L1A is reserved for managerial or executive intra-company transferees, while L1B is reserved for “specialized knowledge” intra-company transferees.

Can My Spouse Work on L2 Status

Yes.  The law changed in January 2002, enabling L-2 spouses to obtain work authorization. A person in L-2 status may apply for an Employment Authorization Document (EAD) from USCIS Service Center.

Can I Apply for a Green Card?

Yes.  Whether you will need a Labor Certificate (PERM), though, depends upon whether you have an L1A or an L1B. An individual on L1A (or one who is on L1B whose position abroad was managerial or executive in nature and is now being offered a managerial or executive position), is likely to qualify for a special green card category known as the EB1 Multinational Executive or Manager. This category, as with other types of EB1s, does not require a Labor Certification (PERM) to be filed with department of labor. Most transferees in L1Bs position (i.e. with the limited exception mentioned above) do require the Labor Certification.

The petitioner must be a US. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.

For more information and advice on immigration issues, please contact my office at (949)228-3922 or email me at attorney@lawofficesofjackcsung.com to receive a free consultation with immigration attorney.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 Los Angeles, CA 90010.  Click here to submit a consultation form to receive advice directly from immigration attorney.  Click here to return to the  home page.