Understanding L-1A Visas for Managers and Executives

Understanding L-1A Visas for Managers and Executives

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The L-1A visa is a popular choice for multinational companies looking to transfer key managerial and executive personnel from their foreign offices to their U.S. operations on a temporary basis. This visa category allows non-US national employees, including Irish citizens, who are in a managerial or executive position to be transferred to the US to work for a parent, affiliate or branch organization of the Irish-based company. It is one of the more common visa options for intracompany transfers of this nature. Nonetheless, the requirements are somewhat complex and the process of applying requires significant supporting documentation to be gathered.

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Main Eligibility Requirements

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Qualifying Relationship

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To qualify for an L-1A visa, the applicant must work for a company that maintains a qualifying relationship between its U.S. entity and its foreign office. This relationship can be in the form of a parent company, sister organization, branch, affiliate, or subsidiary.

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Employment History

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The employee must have worked for the non-US entity for at least one continuous year within the past three years as either a senior manager or an executive level employee. The criteria used to establish the managerial or executive nature of the role is strict and closely scrutinized and so we need to make sure we can show that the employee was tasked with decision-making duties and direct responsibility for the supervision of other employees within the company.

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Managerial or Executive Role

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The key aspect of the L-1A visa is that the employee must be coming to the U.S. to serve in a managerial or executive capacity.

• Managerial Capacity: Involves managing a department or a function, supervising a group of professionals, or having significant discretionary decision-making authority.
• Executive Capacity: Typically refers to high-level decision-making roles that shape company policy, strategic planning, and overall corporate direction, with minimal direction from higher-level executives or board members.

L-1A Visa application process

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Both the employer and employee will need to provide information and documentation to support the visa application. The supporting documentation required for these types of applications is extensive and if found lacking by USCIS, this will result in delay or potentially even refusal of the application. The primary elements that must be evidenced in the supporting documentation are:

• Evidence that the necessary qualifying relationship exists between the U.S. and non-U.S. entity where the employee will work and has previously worked;
• Evidence that the employee will be employed in an executive, managerial or specialized-knowledge capacity;
• Evidence that the employee’s prior year of employment with the non-U.S. entity was in a managerial, executive or specialized-knowledge capacity;
• Evidence that the employee will have completed one year of continuous employment with the non-U.S. entity prior to applying for the L-1A visa;
• Evidence that the employee’s prior experience and educations qualifies him or her to perform the services outlined in the petition for the U.S entity looking to employ him or her.

Employers will need to provide certain documentation in respect of the company such as articles of incorporation, partnership agreements, or other official documents that demonstrate the relationship between the U.S. entity and the foreign company as well as organizational charts showing the structure of both the foreign and U.S. operations.

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The employer must file Form I-129, Petition for a Nonimmigrant Worker, along with the necessary supporting evidence. Once USCIS has adjudicated and approved the petition the employee then applies for the visa at attends at a U.S. embassy for interview.

At the interview, documents will need to be presented that support the reason for the transfer to the U.S. operation from the foreign entity and the applications ability and qualifications to fulfill the role outlined in the petition.

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The L-! visa regulations allow employers who frequently use the L-1 visa category to transfer employees between U.S. and non-U.S.-based entities, to apply for a Blanket L Petition Approval. The advantage of getting this approved, is that employers can then benefit from expedited processing of individual L-1 petitions and whilst the blanket approval does not guarantee the employee will be granted the visa, it does provide a means by which the employer can transfer eligible employees to the U.S. quickly, as the need arises.

Final Thoughts

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Navigating the L-1A visa process requires careful examination of the circumstances surrounding the application and the need for the transfer as well as comprehensive preparation of documentary evidence supporting eligibility. Ensuring that you have comprehensive proof of the qualifying relationship between the two companies, as well as detailed evidence of the managerial or executive role being carried out, can significantly enhance the likelihood of an application being successful.

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Whether you’re an HR professional at a multinational or an executive preparing for a move, understanding these core requirements can help streamline the process and set you up for success in your U.S. transition. As specialized U.S. immigration attorneys, Louise Corrigan Law can help you and your business with L-1 visa petitions and related visa application and embassy interview preparation.

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If you have a question about the L-1A visa or any other U.S.-immigration related matter, please contact us for advice.