What is and L-1A Intracompany Manager/Executive Petition and Who qualifies?
L-1A is a nonimmigrant visa for foreigners transferred by their current employer to manage a branch of the company located in the U.S. The applicant must 1) be working for a qualified organization, 2) in an executive or managerial role.
A “qualified organization” is a parent, subsidiary, branch, or affiliate of a U.S. company as defined by USCIS.
The applicant must have been working overseas for the petitioning company for at least 1 of the last 3 years in an executive or managerial position.
An “executive” for the purpose of L-1A application is someone who directly manages the organization or a major part of the organization; directs goals and policies; has decision making authority; and is only generally supervised by superiors.
A “manager” for the purpose of L-1A application is someone who manages a subdivision of an organization; supervises and controls the work of other managerial employees; or manages an essential function of the company.
Evidence showing beneficiary has worked for the petitioning company in a managerial or executive capacity for the requisite time period may include but is not limited to:
- Company support letters verifying executive/managerial role
- Past employment experience letters and resume
The petitioning company must show that they are a qualified organization. Necessary documents may include but is not limited to:
- Articles of incorporation
- Statement of ownership and control by an authorized company official
- Corporate bylaws
- Corporate income tax returns
- Lease of business locations
- Evidence of relationship with affiliated foreign company
This particular visa allows companies who do not currently have an established U.S. office to send a manager or executive to the U.S. for the purpose of setting up an office. “New office” applications require additional documentation including business plans and proof of a business premise.
To present a successful L-1A application, it is crucial to establish that the applicant and company qualify under the legal definitions set by USCIS. An experienced and knowledgeable attorney can help ensure the L-1A application has all the elements necessary to satisfy the requirements of the immigration authorities.
To discuss L-1A petitions and other types of employment based petitions with an experienced immigration attorney from the American Visa Law Group, feel free click the contact us tab and fill out the inquiry form or call us at 510-500-1155.