L1-A Intracompany Transfer Visa

The L-1A visa facilitates the transfer of executives and managers from foreign offices to U.S. branches of the same company. It also allows foreign companies to send qualified personnel to establish new offices in the United States.​

Eligibility Criteria

Employer Requirements:

  • Must have a qualifying relationship with a foreign company (parent, branch, subsidiary, or affiliate).

  • Must be doing business in the U.S. and at least one other country during the employee's stay.​

Employee Requirements:

  • Must have been employed by the foreign company for at least one continuous year within the three years preceding the application.

  • Must be seeking to enter the U.S. to provide services in an executive or managerial capacity.​

Definitions:

  • Executive Capacity: Ability to make decisions of wide latitude without much oversight.

  • Managerial Capacity: Ability to supervise and control the work of professional employees and manage the organization or a department.​

New Office Establishment

For companies establishing a new U.S. office, additional requirements include:​

  • Securing sufficient physical premises.

  • Demonstrating the ability to support an executive or managerial position within one year.​

Duration of Stay

  • New Office: Initial stay of one year.

  • Existing Office: Initial stay of three years.

  • Extensions: Possible in two-year increments, up to a maximum of seven years.​

Family Members

Spouses and unmarried children under 21 may accompany the L-1A visa holder under L-2 status. Spouses are eligible to work in the U.S. without separate employment authorization.​

Application Process

  1. Petition Filing: U.S. employer files Form I-129 with USCIS.

  2. Visa Application: Upon approval, the employee applies for the L-1A visa at a U.S. consulate.

  3. Entry to U.S.: After visa issuance, the employee may enter the U.S. to begin work.​​

Advantages of the L-1A Visa

  • Dual Intent: Allows for the pursuit of permanent residency while on a non-immigrant visa.

  • No Annual Cap: Unlimited number of L-1A visas issued annually.

  • Pathway to Green Card: L-1A visa holders may apply for permanent residency.