What Is the L-1A Visa

The L-1A visa is a non-immigrant work visa for intracompany transferees in a managerial or executive capacity. It allows multinational companies to move senior personnel from foreign offices to U.S. locations - whether to staff existing operations, open new offices, or place leadership in established U.S. divisions.

The L-1A sits within the broader L-1 visa framework alongside L-1B for specialized knowledge workers. What distinguishes L-1A specifically is the nature of the U.S. role: the transferred employee must hold genuine managerial or executive authority - not a title-only position.

Why L-1A Is Particularly Valuable

• Green card proximity: L-1A holders can self-petition for the EB-1C green card - a category for multinational managers and executives - without going through the PERM labor certification process. This saves 12-24 months compared to standard employment-based green card routes.
• No numerical limits: Unlike H-1B visas, L-1A visas have no annual lottery or cap. Candidates may transfer any time after petition approval.
• Dual intent permitted: You can pursue permanent residency simultaneously without jeopardizing L-1A status. This is a meaningful advantage over visa categories that prohibit immigrant intent.
• L-2 spouse benefits: Your spouse receives an L-2 visa with automatic work authorization - no separate employment petition required.

Who Qualifies for L-1A

Qualifying for L-1A requires satisfying both employee-side and employer-side criteria.

Employee Requirements

• One year of continuous foreign employment: Within the three years immediately before your U.S. transfer, you must have worked continuously for the qualifying foreign organization for at least one year in a managerial or executive capacity. Short vacations don't break continuity, but extended gaps may.
• Qualifying role abroad: Your foreign position must itself have been managerial or executive. Simply being employed by the company is not sufficient - your specific duties abroad must meet the same capacity standards as your U.S. role.
• Transfer to a qualifying U.S. role: The U.S. position must be a genuinely managerial or executive role. USCIS examines actual job duties rather than job titles alone.

Employer Requirements

Qualifying corporate relationship: The U.S. and foreign entities must have a qualifying relationship, such as parent and subsidiary, branch and headquarters, or affiliates under common ownership or control.

Actively doing business: Both entities must be engaged in regular and ongoing business operations. A nominal presence or inactive entity does not meet this requirement.

Ability to support the role: The U.S. entity must demonstrate that it can financially support the transferred employee and that the managerial or executive role is operationally necessary.

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Managerial Capacity Defined

USCIS defines managerial capacity as the ability to:

• Manage the organization, a department, subdivision, function, or component.
• Supervise and control the work of professional employees, other managers, or supervisors.
• Have authority to hire, fire, or recommend personnel decisions.
• Exercise discretion over day-to-day operations at a senior level

Function managers: USCIS also recognizes individuals who manage an essential business function rather than a team. A professional overseeing a critical function (e.g., regional finance or compliance operations) may qualify without direct reports, provided the function is senior and integral to the organization.

Executive Capacity Defined

Executive capacity requires:

• Directing the management of the organization or a major component
• Establishing goals and policies at the organizational or divisional level
• Exercising wide latitude in discretionary decision-making
• Receiving only general supervision from higher-level executives, a board, or stockholders

Executives provide strategic direction and set organizational policies, making high-level decisions and guiding the company's vision. In contrast, managers implement these strategies, overseeing teams and ensuring objectives are met through daily operations. Both roles require clear evidence of actual authority and significant responsibilities, not just job titles, with the key distinction being that executives shape policy while managers supervise execution.

Common L-1A Qualification Issues

• Operational work mixed with management: Small or early-stage companies often have managers who also perform hands-on work. USCIS scrutinizes whether the primary duty is managerial. If more than 50% of the time is spent on operational tasks, the petition is at risk.
• Insufficient subordinates: For personnel managers, USCIS expects evidence of a team of professional-level employees being supervised. Supervising only administrative staff or a single assistant may not meet the standard.
• Title mismatch with duties: "Director" and "VP" titles don't automatically satisfy the L-1A requirements. USCIS reviews actual duties. Conversely, a "Senior Manager" with genuine executive-level authority can qualify.

L-1A Requirements and Documentation

A strong L-1A petition requires comprehensive documentation across three areas: corporate relationship, employee qualifications, and position description.

Corporate relationship evidence:

Articles of incorporation or formation, stock certificates or ownership records, organizational charts showing the relationship between the foreign and U.S. entities, financial statements demonstrating both entities are actively doing business, and partnership or shareholder agreements establishing ownership or control.

Employee qualification evidence:

Employment verification letters from the foreign entity outlining your position, dates of employment, and specific managerial or executive duties. Organizational charts reflecting your reporting structure abroad, along with evidence of the professional staff you supervised or the business functions you managed.

U.S. position documentation:

A detailed job description specifying the managerial or executive duties of the U.S. role, an organizational chart for the U.S. entity showing your proposed position and reporting structure, and financial documentation confirming the U.S. entity’s ability to support the role.

New Office L-1A Requirements

If the U.S. entity has been operating for less than one year, additional documentation is required to support an L-1A petition for a new office.

• Physical premises: Evidence of secured office space through a lease or purchase agreement showing that the location is suitable for business operations.
• Financial capacity: Bank statements, funding records, or financial projections demonstrating the company’s ability to sustain operations and compensate the transferred employee.
• Managerial or executive role within one year: A business plan outlining anticipated growth, projected hiring, and how the employee’s role will transition to a primarily managerial or executive capacity within 12 months.

New office petitions are initially approved for a one-year period. The first extension requires proof that the business is operational, that personnel have been hired, and that the employee is performing in a managerial or executive role.

L-1A Processing Time and Validity

Processing Timeline

Standard L-1A processing typically takes 2-4 months from USCIS receipt to decision. Premium processing, available for an additional $2,805, reduces adjudication time to 15 business days.

• Consular processing: After I-129 approval, applicants outside the U.S. must attend a visa interview at a U.S. embassy or consulate, which may add 2–6 weeks depending on appointment availability.
• Change of status: Applicants already in the U.S. may request a change of status without leaving the U.S. using Form I-129. However, this does not result in a visa stamp, which must be obtained at a consulate before international travel.

Validity Periods

• Established company: Initial L-1A approval is granted for up to 3 years.
• New office: Initial approval is limited to 1 year.
• Extensions: Granted in 2-year increments after the initial period.
• Maximum stay: Up to 7 years total. Time spent in L-1B status with the same employer may count toward this limit if you later transition to L-1A.

After reaching the 7-year maximum, the employee must remain outside the United States for at least one continuous year before a new L-1A petition can be filed, unless an adjustment of status or immigrant visa application is pending.

L-1A Cost and Fees

L-1A petition costs are generally the employer’s responsibility. Employers may not require employees to pay mandatory visa filing fees.

USCIS filing fees include:

• Form I-129 base filing fee: $1,385
• Fraud Prevention and Detection Fee: $500
• ACWIA training fee:
  
  • $750 (for employers with 1–25 full-time employees)
  • $1,500 (for employers with 26 or more full-time employees)
• Premium processing (optional): $2,805

New office petitions may entail higher overall costs due to additional documentation requirements, such as preparing a business plan and operational projections

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L-1A vs L-1B: Key Differences

The L-1A and L-1B classifications serve different employee profiles and lead to different long-term outcomes.

• Who qualifies:
  
  • L-1A applies to employees in managerial or executive roles.
  • L-1B applies to employees with specialized knowledge of the company’s products, services, processes, or systems.
• Maximum U.S. stay:
  
  • L-1A allows a total stay of up to 7 years.
  • L-1B is limited to a maximum of 5 years.
  • Time spent in one classification may count toward the maximum stay if you later transition between L-1A and L-1B with the same employer.
• Green card pathway:
  
  • L-1A holders may pursue EB-1C without labor certification.
  • L-1B holders typically pursue EB-2 or EB-3, both of which require PERM labor certification, adding time and cost.
• Approval scrutiny:
  
  • L-1B petitions are often challenged on whether the knowledge is truly specialized.
  • L-1A petitions are closely reviewed to confirm that the role is genuinely managerial or executive, particularly in smaller organizations.

L-1A to Green Card: The EB-1C Path

One of the strongest reasons to pursue L-1A status is the direct route it creates to permanent residency through the EB-1C green card category.

What Is EB-1C

EB-1C is a first-preference employment-based green card for multinational managers and executives. It uses criteria closely aligned with L-1A qualification - meaning if you already hold L-1A status, you often satisfy EB-1C requirements simultaneously.

Key EB-1C requirements:

• Employed abroad by the qualifying organization for at least one year in the past three years in a managerial or executive capacity
• Coming to the U.S. to work for the same employer or a subsidiary, parent, or affiliate
• U.S. position must be managerial or executive
• Employer petitions - EB-1C is not self-petition, unlike EB-1A

No labor certification: EB-1C skips the PERM process entirely. This saves 12-24 months compared to EB-2 and EB-3 green card routes.

No priority date backlog for most: Unlike EB-2 and EB-3, which face multi-year waits for India- and China-born applicants, EB-1C is typically current or near current for most countries.

Timing Strategy

Many L-1A holders file for EB-1C 6-12 months after L-1A approval, once the U.S. role is established and there's evidence of genuine managerial or executive function. The full L-1A-to-green card pathway explains the timing, evidence requirements, and concurrent filing options in detail. New office L-1A holders should generally wait until after the first extension is approved before pursuing EB-1C, as the business needs to demonstrate operational stability.

Get Expert L-1A Visa Assistance

L-1A petitions require careful documentation of both corporate relationships and genuine managerial or executive capacity - two areas where USCIS scrutiny is consistent. Beyond Border provides end-to-end L-1A services for multinational companies and individual transferees.

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Frequently Asked Questions

What is the L-1A visa?

The L-1A is an intracompany transferee visa for managers and executives moving from a foreign office to a U.S. location within the same multinational company. It requires one year of qualifying employment abroad and transfer to a genuine managerial or executive U.S. role.

How long can I stay on an L-1A visa?

Up to 7 years total. Initial approval grants 3 years for established companies (1 year for new offices), with 2-year extensions until the 7-year maximum is reached.

Can L-1A lead to a green card?

Yes. L-1A holders qualify for the EB-1C green card for multinational managers and executives - without labor certification. This is the fastest employment-based green card route for most nationalities.

What is the difference between L-1A and L-1B?

L-1A is for managers and executives; L-1B is for employees with specialized knowledge. L-1A allows a total of 7 years and leads to EB-1C without labor certification. L-1B is valid for only 5 years and requires a PERM for a green card.

Does my company already need a U.S. office?

No. L-1A can be used to open a new U.S. office. However, new office petitions require evidence of physical premises, financial capacity, and a business plan showing the managerial role will be established within one year.

Can a small company qualify for L-1A?

Yes, but small companies face more scrutiny. USCIS may question whether the role is genuinely managerial when the team is small. Function managers - those managing an essential business function rather than people - can qualify even in small companies if the function is senior and essential.

How long does L-1A processing take?

Standard processing takes 2-4 months. Premium processing ($2,805) reduces the processing time for the I-129 petition to 15 business days. Consular processing or a change of status adds time.

Can my spouse work on an L-2 visa?

Yes. L-2 spouses receive automatic work authorization and can work for any employer in any capacity without a separate EAD application.

What happens if I reach the 7-year L-1A maximum?

You must reside outside the U.S. for at least one continuous year before a new L-1A petition can be filed. However, if an I-485 or immigrant visa application is pending, you may continue in lawful status. Filing an EB-1C well before the limit is reached is the best strategy.

Can I change employers on an L-1A visa?

The L-1A authorizes work only for the petitioning U.S. entity and its affiliates. To change to a different qualifying multinational employer, the new employer must file a new L-1A petition establishing the qualifying corporate relationship and your role.