L-1A Classification

The L-1A non-immigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. Your employer must file Form I-129, Petition for a Non-immigrant Worker, with fee, on your behalf.

To qualify, you must:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and

Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to your ability to make a wide range of decisions without much oversight.

Managerial capacity generally refers to your ability 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 your ability to manage an essential function of the organization at a high level, without direct supervision of others. (See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.)

Your employer must also meet general qualifications. Visit the L-1A Intracompany Transfree Executive or Manager page for more information.