Your Guide to L-1A Visas

As explained by United States Citizenship and Immigration Services (USCIS), an L-1A visa is a type of employment visa that is designed specifically for intracompany transfers within multinational corporations. Through an L-1A visa, a qualified employee may be brought from a foreign office to work at an American-based location. At Escobar Law Offices, we handle all types of L-1A visa cases. Within this article, our Virginia employment immigration attorney provides a guide to L-1A visas.

Basic Requirement: There Must Be a Qualifying Corporate Relationship 

An L-1A visa is applied for by a corporation. The petitioning U.S. company and the foreign employer must share a qualifying relationship. Acceptable relationships include parent and subsidiary, branch office, or affiliate ownership with common control. The relationship must exist at the time of filing and it must continue throughout the L-1A period.

If granted, the L-1A visa will be for a specific employee. Notably, to qualify, the employee must have worked for the foreign entity for at least one continuous year within the three years preceding admission to the United States. That prior employment must have been in a managerial or executive capacity. Part-time or intermittent employment does not satisfy the requirement.

Note: There are special rules for “new office” petitions. It applies when the U.S. office has been operating for less than one year. In a new office case, the petitioner must show that the U.S. entity has secured physical premises and has the financial ability to support the operation. USCIS also evaluates whether the business will support a managerial or executive position within one year. Initial approval is limited to one year.

L-1A Visas are for Managerial/Executive Employees

To qualify for an L-1A, an employee must have appropriate managerial/executive experience. Notably, when reviewing these applications, USCIS focuses heavily on job duties. Titles do not control. A managerial role requires authority over professional employees or management of an essential function at a senior level. An executive role requires primary responsibility for directing the organization or a major component, setting goals, and exercising wide discretion with minimal oversight. The employee must perform qualifying duties on a primary basis to get an L-1A visa.

Understanding Blanket Petitions for L-1A Visas

Some multinational companies qualify for L-1 blanket petitions. A blanket approval allows the company to transfer eligible executives and managers without filing an individual petition with USCIS each time. Instead, the employee applies directly at a consulate. Blanket eligibility requires a qualifying corporate structure, U.S. operations for at least one year, and either significant revenue or a high volume of approved petitions. While blanket processing can be faster, there will be a very careful review.

Contact Our Virginia Employment Immigration Lawyer Today

At Escobar Law Offices, our Virginia immigration attorney has extensive experience with L-1A visas. If you have any questions about the process, please do not hesitate to contact us for our confidential consultation. From our Annandale office, our team handles L-1A visas in Alexandria, Arlington, Fairfax County, and throughout all of Northern Virginia.

Source:

uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager