Transferring an Executive or Manager from a Foreign Company to a U.S. Company
Jioselin Juarez • March 31, 2022
Click here to read this article in Portuguese
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:
- 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.
- 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. - 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. - 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.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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