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Practice Areas > Temporary Work in USA
L-1A Intracompany Transferee Executive or Manager

General Qualifications of the Employer and EmployeeTo qualify for L-1 classification in this category, the employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
arrow 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. While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

Also to qualify, the named employee must:

arrow Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
arrow Be seeking to enter the United States to render services in an executive or managerial capacity to a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee 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 employee's ability to manage an essential function of the organization at a high level, without direct supervision of others.

When the L-1 is for New Offices

For foreign employers who are seeking to send an employee to the United States as an executive or manager in order to establish a new office, it must also be shown that

arrow Sufficient physical premises to house the new office have been secured
arrow The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
arrow The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

Family of L-1 Workers

The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age. Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee. If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively using one form. Spouses of L-1 workers may apply for work authorization. If approved, there is no specific restriction as to where the L-2 spouse may work.

Spouse and The L-1 Visa holder and spouse can attend school without restrictions. While minor children can attend K-12 and post secondary school, older children 21-23(25) have to be enrolled full time to be eligible for dependent status.

Blanket Petitions

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition. In order to establish eligibility for blanket L certification, the employer

arrow And each of the qualifying organizations must be engaged in commercial trade or services
arrow Must have an office in the United States which has been doing business for one year or more
arrow Must have three or more domestic and foreign branches, subsidiaries, and affiliates
arrow Must meet one of the following criteria
arrow Along with the other qualifying organizations, have obtained at least 10 L-1 approvals during the previous 12-month period; or
arrow Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
arrow Have a U.S. work force of at least 1,000 employees.
The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS. However, the employee still has to go through the process of applying and obtaining a visa at Consulate abroad.
information provided here is of general nature and should not be constructed as legal advice.matters in personal historyor a perticular situation may affect eligibility to recive immigration benfits in a perticular situation.Information is updated peroidically and may not be current at all time.