Transferring an Executive or Manager from a Foreign Company to a U.S. Company

    The L-1A intracompany transferee executive or manager visa allows a foreign company outside the U.S. to transfer one of their executives or managers to a related U.S. company. The L-1A intracompany transferee executive or manager visa is a nonimmigrant visa (this means temporary work visa) for an executive or manager. The total amount of years an L-1A is approved for is seven (7) years. 

To qualify for an L-1A visa the U.S. company must prove: 

1. The transferred employee must have worked with foreign company for one full year of the last three years immediately before his or her entry into the U.S.
   
   
2. The transferred employee must seek to enter the United States under L-1A status for the purpose of providing services in an executive or managerial capacity.
   
   • 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.  
   
   
3. Qualifying relationship between the foreign company and the U.S. company
   
   • A qualifying relationship exists for example where the companies are affiliated with each other, or where the U.S. company is a branch or a subsidiary to the foreign company.
   
   • The U.S. company can prove the qualifying relationship through supporting documentation alike: incorporation documents, bylaws, stock certificates, articles of organization, bank wire transfers, etc. 
   
   
4. After the qualifying relationship between the foreign company and U.S. company is proven the U.S. company must show they have been doing business for the last year.  
   
   • If the company has not operated for the last year. An L-1A visa is still possible. However, the maximum amount that the initial L-1A visa will be approved for will be one (1) year instead of three (3) years.
   
   • The U.S. company can prove doing business through supporting documentation alike: incorporation documents, bylaws, stock certificates, articles of organization, bank statements, profit/loss statements, tax returns, payroll documents, lease agreement, etc. 

    Please schedule a consultation with one of our experienced immigration attorneys to discuss the L-1A requirements and process.