L-1A Visa (Intra-Company Executive or Manager Transfers)

Each interested applicant must be able to meet the requirements for the Intra-Company Transferee Visa. The specific requirements which must be met will depend on the role within the company under which the employee works. In other words, there are a different set of requirements for managers than there are for executives.

Those who work as a manager for their company must have a position in which they manage an organization or a major department. Managerial capacity refers to the ability to manage and supervise both the professional employees and the organization’s essential function with only general supervision from higher-level executives.

Duties of a manager include the hiring and firing of employees along with overseeing any other necessary day to day functions

Those who work in an executive capacity generally direct the management of the company and have the ability to make decisions of wide latitude. Executive positions include President, Vice-President, CEO, COO, CMO, CTO, etc.

To apply for an L-1A visa, the employer will first need to submit Form I-129 (Petition for a Nonimmigrant Worker) to U.S. Citizenship and Immigration Services. This form will need to be submitted at least 45 days before the employee’s starting date of work but no more than 6 months.

If the petition is approved, the employer will then need to complete Form I-197 (Notice of Action). This will allow the employee the right to apply for an L-1A visa. To begin the visa application, the employee will then need to complete Form DS-160 (Online Nonimmigrant Visa Application).

Form DS-160 can be completed and submitted online. This form will ask the applicant questions regarding their background, education, work experience, and reasons for entry into the United States. After the form is submitted, a confirmation page and number will be shown on the screen. It is important that the applicant prints and retains this confirmation page as it will be needed later in the visa application process.

The last step of the application process is scheduling and attending a visa interview at the nearest U.S. Embassy or Consulate. It is important that the applicant brings the necessary supporting documents with them to the visa interview. After the interview, the applicant will receive a decision on whether or not their visa has been approved. If approved, the visa holder will be free to travel to the United States. If rejected, the applicant will be informed of the reasons for the denial and if they are eligible to re-apply.

Employers who frequently use the L1 visa category for the transfer of their employees from one office to another may be eligible to apply for a Blanket L Petition Approval. Blanket petitions allow certain organizations to establish themselves as qualifying sponsors for intracompany transfers. As a result, transferees can simply apply at their nearest U.S. Consulate or Embassy for an L-1 visa rather than wait for USCIS petition approval.

In order to qualify for a blanket petition, the organization must meet the following requirements:

• Both the petitioner and each of the qualifying organizations participate in commercial trade or services
• The petitioner has an office in the United States that has been doing business for at least 1 year
• The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates
• The petitioner along with the other qualifying organizations has either obtained at least 10 L-1 approvals during the previous 12-month period, has U.S. subsidiaries or affiliates with combined annual sales of at least $25 million, or has a U.S. workforce of at least 1,000 employees

It should be noted that blanket petitions do not guarantee that an employee will be granted an L-1A visa. However, it does provide the employer with the ability to expedite the visa application process.

In addition to Form I-129, the petitioning employer will also need to submit supporting documentation that shows that the employer meets the criteria for sponsorship. These documents can include the following:

• Any evidence showing that the petitioner and the organization which will employ the applicant in the United State are qualifying organizations
• Any evidence that the employee will be employed in an executive or managerial capacity
• Any evidence which shows that the employee has had one continuous year of full-time employment abroad with a qualifying organization within three years preceding the filing of the petition
• Any evidence which shows that the employee’s prior year of employment abroad was in a position that was managerial or executive
• Any evidence that shows that the employee’s education, training, and employment qualifies him or her to perform the intended services in the United States

Furthermore, employers will be asked to provide business documents related to both the foreign company and U.S. -based company. These can include stock certificates, business leases, evidence of initial investment, tax returns, quarterly reports, bank statements, audited accounts as well as contracts, invoices, and company letterhead, etc. For more information about what documents will suffice, consult with your immigration attorney.

Employees who are applying for an L-1A visa at a U.S. Embassy or Consulate will need to submit the following documents at their visa interview:

• A valid passport (valid for at least 6 months after intended travel)
• Their visa interview appointment letter
• DS-160 confirmation page
• A copy of their updated resume/CV
• A copy of the I-129 petition submitted by their employer to the USCIS
• The I-797 approval notice from USCIS
• A written letter from the employer to the U.S. Embassy or Consulate requesting the L1 visa on the applicant’s behalf
• 2 photographs of the applicant (shot according to U.S. visa standards)
• Any other business-related documents to support your eligibility as a manager or executive

L-1A visa holders can initially stay in the United States for a period of up to three years. If needed, they can apply for 2-year extensions with a maximum stay of up to seven years.

All visa holders who have stayed in the United States for the maximum amount of time will need to return to their home country at least for one year before applying for a new L or H Visa status. This applies regardless of the L1 subcategory you fall in.