L-1A Classification for Multinational Managers
Peak Immigration is proud to have assisted a multinational telecommunications company in successfully securing L-1A nonimmigrant status for two of its senior managers so they can more effectively direct and oversee an expansion of the company’s U.S. services and operations.
The L-1A “intracompany transferee” classification presents an ideal solution for multinational companies like our client that wish to leverage the seasoned expertise existing within the company by transferring employees from abroad to manage the U.S. operations.
What are the basic requirements for the L-1A classification?
Qualifying Corporate Relationship
Designed for transfers within a multinational company, the L-1A classification requires establishing that the U.S. sponsor and the individual’s employer abroad are either the same company, such as a U.S. company with a foreign branch office, or related companies with a parent and subsidiary or affiliate relationship.
Doing Business
Both the U.S. sponsoring entity and the individual’s employer abroad must have been actively engaged in the regular, systematic, and continuous provision of goods and services for at least one full year at the time of application. An exception exists for companies seeking to transfer a manager to the U.S. to open or oversee a “new office” that has been in business for less than one year.
Managerial Capacity
The L-1A classification pertains to individuals serving in a managerial capacity in the U.S. Under immigration regulations, an individual may qualify as a manager if they directly manage subordinate managers or professionals (referred to as a personnel manager) or if they oversee a critical function of the organization, even if they do not manage subordinates (referred to as a function manager). Various factors influence a determination regarding managerial capacity, including the overall organizational structure; the individual’s authority over hiring, firing, and other personnel decisions; the individual’s budgetary authority; the individual’s authority to make discretionary decisions pertaining to company strategy or policies; and revenue generated by operations for which the individual is responsible.
Qualifying Employment Abroad
An L-1A applicant must demonstrate one full year of employment with the qualifying entity outside the U.S. within the three-year period directly preceding their L-1 application in either a managerial capacity or in a role requiring specialized knowledge of company-specific products and/or processes. The position may be but is not required to be the same position the individual will perform in the U.S.
What is the L-1A application process?
File a petition with the United States Citizenship and Immigration Service (USCIS)
A U.S. employer may file a petition with USCIS to sponsor an employee in the L-1A classification. If the individual is already in the U.S. in another nonimmigrant status, a USCIS petition can request an automatic change of status to L-1A. If the individual is outside the U.S., the petition can request approval to allow the individual to apply for an L-1A visa at a U.S. consulate abroad and then request admission to the U.S. in L-1A status.
Apply directly at a U.S. consulate abroad
Certain U.S. employers are sufficiently large that they qualify for Blanket L-1 approvals that allow their employees to apply for an L-1A visa directly at a U.S. consulate rather than first obtaining an individual approval from USCIS.
Apply directly at a port of entry on the U.S.-Canada border or at an airport pre-clearance facility
Canadian citizens are visa exempt and thus have the option of applying for admission to the U.S. in L-1A status directly at a port of entry rather than first obtaining an approval from USCIS, which can significantly accelerate their application process
How long can an employee remain in the U.S. in L-1A status?
The L-1A classification enables employees to either transfer their regular, full-time employment to the U.S. entity or maintain their foreign employment and enter the U.S. on only an intermittent or project basis as needed.
Individuals residing in the U.S. for at least 180 days annually are entitled to a maximum of 7 years of L-1A employment in the U.S. Any time spent outside the U.S. after initially being granted L-1A status does not count toward the 7-year limit. Individuals spending fewer than 180 days per year in the U.S. are considered “intermittent travelers,” and they may renew their L-1 status indefinitely.
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Establishing each of the requirements with respect to a qualifying corporate relationship, doing business, managerial capacity, and qualifying employment abroad is not always straightforward, and Peak Immigration specializes in leading clients in developing and assembling compelling documentation to present the strongest application possible. If you are interested in exploring how you or your business may benefit from the L-1A classification, contact Peak Immigration today for a free consultation.