L-1A Visa: Executives and/or Managers Transfer to the U.S
What is the L-1A Visa?
The L-1A visa is a key tool for multinational companies. It allows the transfer of executives or managers from a foreign office to one in the United States. This type of visa is also applicable to foreign companies planning to open new offices in the U.S.
Requirements for Employers and Employees
For Employers: They must have a relationship with a foreign company (such as a branch or subsidiary) and actively conduct business in the U.S. and at least one other country during the beneficiary’s stay in the U.S.
For Employees: They must have worked for the foreign company for at least one year in the last three years and aspire to work in the U.S. in an executive or managerial role.
Definition of Executive and Managerial Roles
Executive Role: Capacity to make significant decisions with little supervision.
Managerial Role: Capacity to supervise the work of professional employees and manage a significant part of the organization.
New Offices in the U.S.
To open a new office in the U.S., it must be demonstrated that physical space for the office has already been obtained and that, within a year, the office will be able to support an executive or managerial role.
Stay Period
New Office: Up to an initial 1 year.
Other Qualified Employees: Up to an initial 3 years.
Extensions: Possible in increments of up to 2 years, with a maximum of 7 years.
Family Members of the L-1A Visa Holder
Spouses and children under 21 can obtain the L-2 visa, allowing them to live in the U.S. for the same period as the L-1 visa holder. Spouses can work with proper authorization.
Pilot Program for Canadians
There is a pilot program for Canadian citizens that facilitates obtaining L-1 status through a specific process at the U.S.-Canada border.
General Petitions
Large companies can establish a general L-1 certification to facilitate the transfer of multiple employees without the need for individual petitions.
The L-1A visa is an excellent pathway for executives and managers looking to expand their careers in the United States. It is essential to understand the requirements and procedures, both for employers and employees, to make the most of this opportunity.
