The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.
Employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate)
Employer must currently be, or will be, doing business as an employer in the United States and in at least one other country for the duration of the beneficiary's stay
Employee must generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding admission to the United States
Employee must be seeking to enter the United States to provide service in an executive or managerial capacity for the same employer or a qualifying organization
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Regulatory Criteria
Qualifying Relationship
The U.S. employer must have a qualifying relationship with a foreign company - as parent company, branch, subsidiary, or affiliate. These are collectively referred to as qualifying organizations.
Examples
Parent company relationship
Branch office of the same company
Subsidiary relationship (ownership and control)
Affiliate relationship (common ownership or control)
Doing Business Requirement
The employer must currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization. Doing business means the regular, systematic, and continuous provision of goods and/or services. While the business must be viable, there is no requirement that it be engaged in international trade.
Examples
Regular, systematic, and continuous provision of goods and/or services
Does not include the mere presence of an agent or office
Business must be viable but need not engage in international trade
Must continue doing business for the duration of the beneficiary's stay
Executive Capacity
Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight. The employee must direct the management of the organization or a major component or function.
Examples
Directs the management of the organization or a major component
Establishes goals and policies of the organization
Exercises wide latitude in discretionary decision-making
Receives only general supervision from higher-level executives or board of directors
Managerial Capacity
Managerial capacity generally refers to the ability to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the ability to manage an essential function at a high level without direct supervision of others.
Examples
Manages the organization, department, subdivision, function, or component
Supervises and controls the work of other supervisory, professional, or managerial employees
Has the authority to hire and fire or recommend personnel actions
Exercises discretion over day-to-day operations of the activity or function
New Office Requirements
For foreign employers seeking to send an employee to the United States to establish a new office, additional requirements apply. The employer must show sufficient premises, prior executive/managerial employment, and that the U.S. office will support an executive or managerial position within one year.
Examples
Employer has secured sufficient physical premises to house the new office
Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing
The intended U.S. office will support an executive or managerial position within one year of approval
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Application Process
Qualifying Relationship
Establish qualifying relationship between U.S. and foreign entities.
Document Employment
Document one continuous year of executive/managerial employment abroad within preceding 3 years.
I-129 Filing
U.S. employer files Form I-129 with USCIS on behalf of the employee.
USCIS Adjudication
USCIS reviews petition and may request additional evidence.
Visa Application
If abroad, apply for L-1A visa at U.S. consulate.
Admission
Seek admission to the United States in L-1A status.
Employment Begins
Begin work in executive or managerial capacity.
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Key Benefits
Maximum initial stay of 3 years (1 year for new office petitions)
Extensions available in increments of up to 2 years, up to maximum of 7 years total
Spouse (L-2) is employment authorized incident to status - no separate EAD required
Unmarried children under 21 may accompany in L-2 status
Blanket petitions available for qualifying organizations
Dual intent allowed - can pursue permanent residency
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Documents Needed
Valid Passport
Form I-129 Petition
Evidence of qualifying relationship between entities
Evidence of one year employment abroad in executive/managerial capacity
For new offices: evidence of physical premises and business plan
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Frequently Asked Questions
How long can I stay in L-1A status?
Qualified employees entering to establish a new office are allowed a maximum initial stay of one year. All other qualified employees are allowed a maximum initial stay of three years. Extensions may be granted in increments of up to two years, until the employee has reached the maximum limit of seven years.
What is the difference between L-1A and L-1B?
L-1A is for executives or managers, while L-1B is for employees with specialized knowledge. L-1A allows a maximum stay of 7 years, while L-1B allows a maximum of 5 years. Both require one year of employment abroad within the preceding three years.
Can my spouse work in the U.S.?
Yes. Spouses of L-1 workers in valid L-2S nonimmigrant status are considered employment authorized incident to status. They do not need to file a separate Form I-765 for an EAD, though they may choose to do so. An unexpired Form I-94 with L-2S notation is acceptable as evidence of employment authorization.
What is a blanket L petition?
Certain organizations may establish the required intracompany relationship in advance by filing a blanket petition. Eligibility requires: engaged in commercial trade or services, U.S. office doing business for one year or more, three or more domestic and foreign branches/subsidiaries/affiliates, and meeting certain thresholds (10+ L-1 approvals in past 12 months, $25 million+ combined sales, or 1,000+ U.S. employees).
What does 'doing business' mean?
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. It does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
Can I open a new U.S. office with L-1A?
Yes. Foreign companies without a U.S. office may send an executive or manager to establish one. Additional requirements apply: secured physical premises, one year prior executive/managerial employment, and the U.S. office must support an executive/managerial position within one year. Initial stay is limited to one year for new office petitions.
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Fees
Attorney Fee for I-129
$6,400 - $9,400 (Initial $2,900; $1,250/month)
USCIS I-129
$1,055/$530
Premium Processing
$2,805
Asylum Program
$600/$300/$0
Fraud Fee
$500
Attorney Fee for DS-160
$500 per person
Embassy Fee
$205
Fees are estimates and may change. Contact us for a quote for your specific case.
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