The L-1A nonimmigrant visa is a nonimmigrant visa that allows U.S. employers to transfer executive or managerial employees from one of their affiliated foreign offices to one of their 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.

Eligibility Requirements

To be eligible for an L-1A Visa, the employee must:

  • Have worked for a company affiliated with the U.S. employer in a foreign country as an executive or high-level manager, or managed an essential function of the business for at least one year in the three years before the transfer.

  • Be employed in a managerial or executive capacity in the U.S. office.

  • The employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations).

  • 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 for the duration of the beneficiary's stay in the United States as an L-1.

Application Process

The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee. The petition must include supporting documentation, such as evidence of the employee's qualifications and the employer's relationship with the foreign company.

If the petition is approved, the employee will be issued an I-797 Notice of Action, which serves as evidence of their L-1A status. The employee can then apply for a visa at a U.S. embassy or consulate.

Length of Stay

L-1A Visas are initially issued for a period of three years, but they can be extended for up to seven years in total.

Spouses and Children

Spouses and children of L-1A Visa holders may be eligible for L-2 Visas, which allow them to live and work in the United States.

The U.S. immigration system can be complex, and it is important to consult with an experienced immigration attorney to discuss your eligibility and options.