Nonimmigrant Intracompany Transferee Executive or Manager (L-1A)
Who Gets It?
L-1A visas are granted to individuals who want to work in the United States in an executive or managerial capacity and have been offered a position at the United States affiliate, subsidiary or parent company of their foreign place of employment.
What the USCIS Wants to See?
The USCIS requires documentation and a written explanation of the nature, scope, and activity of the foreign entity and the United States entity, of the relationship between the two entities, and that the position offered qualifies as either executive or managerial under the regulations. The following is a list of some of the requirements for approval.
What the USCIS Does Not Want to See?
- Submissions must establish the nature, scope, and activity of the foreign entity and the United States entity.
- Submission must establish that the employee worked for at least one year in the past three years at the foreign entity in an executive or managerial position.
- Submission must establish that the United States position will be either executive or managerial.
The USCIS will call into question an L-1A petition based on a number of factors. These are the issues that have been raised in the past. Be aware that the USCIS can take issue with just about anything, so this list is nowhere near complete.
- Evidence that there does not exist a qualifying business relationship between the foreign entity and the United States entity.
- Evidence that the visa seeker is not qualified to perform the position and/or has not met the employment time requirement.
- Evidence that the business in the United States cannot financially support the position.
Remember that each case is unique. To find out whether you qualify for this visa, please contact us directly and set up an appointment.