What is an L1A Visa?
The L1A visa is granted to executives and managers of multinational companies. People prefer this visa because it is possible to apply for green card while possessing this visa, as long as your company is willing to petition on your behalf until the process is complete, which can take months.
General Requirements for Employers
U.S. employer must have a qualifying relationship with a foreign company
Be “doing business” as an employer in the U.S. currently -- providing regular, systematic, and continuous goods/services
Qualifications for Employees
Work for the foreign company for one (1) year continuously within the previous three years before entering the U.S.
Be able to prove you are entering the U.S. to work in an “executive” or “manager” capacity
USCIS Definition of Executive and Managerial Capacity
your job description allows you a lot of decision making power, so you can act independently without much supervision from others except the board of directors and higher-level executives
you don’t actually perform functions of the company; instead you direct management of the company or functions of the company
you set division-wide or company-wide policies and goals
rather than managing a team of professional staff you instead have only personal staff like executive or administrative assistants
you supervise other executive or manager level staff in the company
you manage a department, subdivision, or component of the organization
you manage the organization
you manage a function of the organization at a high level without supervision
you exercise hiring/firing power and can grant promotions and leave
Note: If you actually perform and control a function of the organization at a high level but only have personal staff, you would likely qualify for the L1B category as an employee with specialized skills.
- Related Blog: Adjust Status (Green Card Application): L1B Visa