L-1A: executives and managers

Eligibility requirements

• The U.S. and overseas entities must have a qualifying parent, subsidiary, affiliate or branch relationship. Both sides must be doing business for the required period; a registration certificate alone is insufficient.
• The employee must normally have worked continuously for a qualifying overseas organisation for at least one year within the relevant three-year lookback, in a managerial, executive or specialised-knowledge capacity. Counsel must calculate the window where the person has worked in the United States or travelled frequently. A new-office L-1A case specifically requires the qualifying overseas year in a managerial or executive capacity.
• The U.S. position must primarily manage an organisation, department or essential function, or exercise executive direction. A function manager must manage the function at a senior level rather than personally perform its routine work.
• A first-line supervisor is not automatically a manager; supervising professional staff and the actual level of authority matter. Ownership or a CEO title does not replace evidence of duties.
• For a new office, secure suitable premises, establish the qualifying overseas managerial or executive employment, and show that the U.S. operation will support a managerial or executive position within one year.

Legal framework

Build the evidence

Prepare records that substantiate the relevant criteria. The final checklist depends on the applicant, route and filing authority.

• Corporate ownership and control chart supported by registers, share certificates, constitutions and acquisition documents. Reconcile indirect ownership through every relevant entity.
• Overseas payroll, employment agreement, tax or social-insurance records and travel chronology documenting the qualifying year.
• Separate overseas and U.S. organisation charts, employees’ duties and qualifications, reporting lines, budget authority and a quantified breakdown of the proposed role.
• For a new office: premises, funding, commercial commitments, staffing plan, financial forecast and a month-by-month account of how operational work will be delegated.
• For a semiconductor assignment: the actual plant or supplier mandate, project authority, headcount responsibility and evidence identifying who performs engineering and production tasks.

How to apply

1. 01

   Map the business and role

   Agree the U.S. activity, entity relationship, start date, reporting structure and overseas-service chronology before choosing L-1A. Distinguish leadership transfers from technical specialists.

2. 02

   Prepare the employer petition

   The employer normally files Form I-129 with the L supplement and supporting exhibits. An eligible blanket organisation may use the applicable blanket process and Form I-129S; new offices cannot rely on that shortcut.

3. 03

   Resolve adjudication and visa processing

   Answer any USCIS evidence request. Following petition approval, complete the required consular application, usually DS-160 and an interview, unless an exception applies. Approval of a petition is not a visa or admission.

4. 04

   Activate and track the assignment

   Check the admission record, authorised employer and expiry date. Review the actual role, staffing and any corporate restructuring during the assignment.

5. 05

   Prepare the next decision early

   A new-office extension needs evidence of the operating business and supported managerial/executive role after the first year. Consider a separate permanent-residence assessment if appropriate.

After approval & family planning

• An eligible spouse and unmarried children under 21 may seek L-2 status. A spouse properly admitted in L-2S status is employment-authorised incident to status; children are not employment-authorised through L-2.
• Keep the U.S. and overseas qualifying operations active and review material changes before implementing them. Calendar each family member’s admission expiry separately.
• L-1A does not automatically become an EB-1C green card. EB-1C has its own employer, doing-business and qualifying-employment analysis.

Frequently asked questions

Points to consider

• Screen current nationality-specific entry restrictions, consular rules and admissibility before committing to travel. Do not begin U.S. productive employment as a visitor while a petition is pending.