Introduction
The L-1A is a U.S. nonimmigrant visa that allows multinational companies to transfer qualified executives or managers from a foreign office to an affiliated office in the United States. It can also be used to send an executive or manager to establish a new U.S. office.
Eligibility criteria
To qualify for the L-1A, both the employee and the employer must meet certain requirements.
Employee requirements
The employee must have worked in an executive or managerial capacity for the foreign company for at least one cumulative year within the three years preceding the application. Time spent physically in the United States does not count toward this requirement. For example, if the employee was hired a year ago but spent one month on business trips in the U.S., only 11 months would be credited. They would therefore need to complete one additional month of qualifying employment abroad to meet the requirement.
The new position in the United States must also be in an executive or managerial capacity.
Employer requirements
There must be a qualifying relationship between the foreign company and the U.S. entity (parent, branch, subsidiary, or affiliate).
Both entities must be actively doing business (during and after issuance of the L-1A), meaning the regular and continuous provision of goods or services.
Duration of stay
The length of stay under the L-1A depends on whether the employee is transferred to an existing office or sent to establish a new one.
Initial approval: Up to three years.
Extensions: Granted in increments of two years.
Maximum stay: A total of seven years in L-1A status
Main benefits:
The L-1A has no annual cap, which makes it more accessible compared to capped visas.
It allows dual intent, meaning the visa holder may pursue permanent residency while in L-1A status.
Dependents (spouse and children under 21) may accompany the visa holder under L-2 status, and spouses are eligible to work in the United States.
Clear pathway to permanent residency through the EB-1C category for multinational managers and executives, which is faster than other employment-based green cards.
Documentation you need:
A strong L-1A petition requires detailed supporting evidence. While the exact documentation may vary depending on whether it is for an existing office or a new office, the following are typically expected:
For the companies (US and foreign company)
Proof of qualifying relationship (articles of incorporation, stock certificates, organizational charts).
Evidence of active business operations in both the U.S. and abroad (annual reports, tax returns, financial statements, invoices, contracts).
Organizational charts showing the structure of the company and where the transferee fits.
For the employee
Employment verification confirming at least one year of continuous qualifying employment abroad within the last three years.
Detailed job description of the prior role abroad and the proposed U.S. role, showing executive or managerial duties.
Resume, diplomas, or professional background materials (if relevant to support experience level).
Resumes, degrees, payroll information for subordinates employees of the beneficiary.
USCIS may pushback
USCIS often scrutinizes L-1A petitions, especially when it comes to proving the executive or managerial nature of the role. Common areas of pushback include:
Job duties
USCIS may argue that the role described sounds more like a specialized employee rather than an executive or manager.
Staffing levels
In smaller offices or new offices, USCIS may question whether the employee will truly manage people and functions, or perform day-to-day tasks.
Qualifying relationship
The agency may request more evidence to confirm the corporate relationship between the U.S. and foreign entities.
How to overcome that:
Anticipating USCIS concerns and preparing strong evidence upfront is key. Some strategies include:
Detailed job descriptions
Clearly highlight strategic, decision-making responsibilities instead of operational or routine tasks. Use language that emphasizes management of people and/or functions, and provide a percentage of time spent on each job duty.
Organizational charts
Show direct reports, departments, or functions managed by the transferee.
Supporting letters
Provide internal company letters that outline the employee’s leadership role, past achievements, and authority within the company.
Financial evidence
Demonstrate the U.S. company’s capacity to support the executive/manager role, including revenue, investments, or staffing budgets.
Application process
The U.S. employer must file Form I-129 with USCIS, including documentation that proves the qualifying relationship between the entities, evidence of the employee’s prior qualifying employment, and a detailed description of the executive or managerial duties. After the petition is approved, the employee may apply for an L-1A visa at a U.S. consulate abroad, or if they are already in the U.S. in another status, they can, in some situations, request a change of status in the United States.
L-1A New office
The L-1A “New Office” petition is a special category within the L-1A visa designed for multinational companies that are not yet operating in the United States, but wish to establish a new presence. Under this framework, an executive or manager from the foreign entity is transferred to the U.S. to set up and lead the new office. Unlike regular L-1A cases, the New Office petition requires the company to prove that it has secured premises, has a viable business plan, and can reasonably support an executive or managerial position within the first year of operations.
When the employee is being sent to open a new U.S. office, additional requirements apply (besides the general requirements we established above).
Employee requirements
The employee must have worked for the foreign company in an executive or managerial capacity for at least one cumulative year within the three years preceding the application.
The U.S. role must also be executive or managerial, with a clear plan for the employee to assume those responsibilities as the new office grows.
Employer requirements
A qualifying relationship must exist between the foreign company and the newly established U.S. entity.
Physical premises for the new office, which is large enough to accommodate at least the existing employees in the U.S., and must be secured before filing the petition.
A realistic plan to support the executive or managerial role within one year of approval, including financial ability, business activity plans, and staff growth projections.
A business plan detailing projected staffing and revenues for the next five years.
The U.S. entity must be considered a “new office,” meaning it has not been doing business in the United States for more than one year.
Duration of stay
Initial approval
Limited to one year, given the need to demonstrate that the new office will become operational.
Extensions
After the first year, the company must provide evidence that the U.S. office is active and capable of supporting an executive or managerial position. Extensions are then granted in increments of two years.
Maximum stay
Also capped at seven years in total.
Documentation you need (additional):
Lease or proof of secured physical premises in the U.S.
Business plan, including financial projections and staffing plans for the first year.
Evidence of financial capacity to support the new U.S. operation (bank statements, investment records, funding documents).
After the first year, the company must prove that it has grown sufficiently to sustain the executive or managerial role. This often requires evidence such as payroll records, organizational charts showing hired staff, contracts or client lists demonstrating business activity, and financial documents showing revenue or investments.
For new offices, include projected hires with supporting evidence (e.g., job postings, business plan).
USCIS might push back:
After the first year in a New Office case USCIS will carefully review whether the U.S. entity has actually grown as projected; if staffing, revenue, or client acquisition is not sufficient, they may deny an extension on the grounds that the role is not truly executive or managerial.
Heavy scrutiny at the extension stage if growth projections are not met.
Concerns that the initial business plan is overly optimistic or lacks sufficient financial detail.
Questioning whether the physical office premises are adequate for the projected operations.
Requests for proof that the U.S. entity is already engaging in meaningful business activity, not just existing on paper.
Challenges to the employee’s role if it appears too involved in day-to-day operational tasks rather than strategic leadership.
How to overcome that:
Submit a robust business plan with realistic milestones and timelines to show how the office will reach a level requiring an executive or managerial role.
Provide evidence of early business activity, such as contracts, invoices, client agreements, or service/product launches.
Document concrete steps taken to staff the U.S. office, such as job postings, recruitment processes, and initial hires.
Include clear evidence of secured funding, whether through parent company investment, loans, or other financial backing.
Highlight the employee’s high-level decision-making authority with detailed job descriptions and internal support letters.
Demonstrate that the physical office premises are sufficient for projected staff and business operations.
Provide ongoing financial and operational reports to show steady growth toward sustainability.
L-1A Blanket
The L-1A Blanket Petition is designed to simplify and speed up the process for multinational companies that frequently transfer executives and managers to the United States. Instead of filing a separate Form I-129 for each employee, the company can obtain a blanket approval that covers multiple related entities. Once the blanket petition is approved, qualified employees can apply directly for an L-1A visa at a U.S. consulate or embassy, without the employer having to go through a new USCIS petition for each transfer.
Company requirements
The petitioner and each of the qualifying organizations are engaged in commercial trade or services.
The petitioner has an office in the United States that has been doing business for one year or more.
The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates.
The petitioner along with the other qualifying organizations meet one of the following criteria:
Have obtained at least 10 L-1 approvals during the previous 12-month period.
Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million.
Have a U.S. workforce of at least 1,000 employees.
Benefits of the L-1A Blanket:
Faster process: employees can apply directly at the consulate, avoiding the need for USCIS to adjudicate each petition individually.
Flexibility: makes it easier to transfer employees among various subsidiaries and affiliates.
Broad coverage: once approved, the blanket petition allows multiple corporate entities to be included under the same authorization.
Limitations:
Not all companies qualify — the program is typically available only to large, established multinational organizations.
Employees must still meet all individual L-1A requirements (qualifying employment abroad, executive or managerial role, etc.).
Consular officers still review each case to ensure eligibility, even under a blanket petition.
USCIS might push back:
USCIS may closely examine whether the company truly meets the blanket eligibility thresholds (number of L-1 approvals, revenue, or workforce size).
Individual employee petitions under the blanket may still be questioned, particularly regarding whether the role is truly executive or managerial.
Consular officers may request additional documentation even with blanket approval, delaying issuance.
If the corporate structure is complex, USCIS may ask for more evidence to confirm the relationships among affiliates and subsidiaries.
How to overcome that:
Prepare detailed evidence that the company meets one of the blanket criteria (10+ approvals, $25M in sales, or 1,000+ employees).
For each employee, provide strong documentation of prior qualifying employment and clearly defined executive/managerial duties.
Maintain updated organizational charts and financial records across all covered entities.
Anticipate consular scrutiny by including internal support letters, contracts, and proof of business operations to reinforce eligibility.
Limitations and considerations
Work authorization under the L-1A is restricted to the petitioning employer. For companies with blanket L-1 approval, transferring employees between covered affiliates is simpler. Petitions may be denied if the evidence does not clearly demonstrate executive or managerial capacity, an active business operation, or a valid qualifying relationship.
Conversion from L-1B
Employees in the L-1B category (specialized knowledge) may convert to L-1A if promoted to a managerial or executive role. This allows them to benefit from the longer maximum stay of seven years, but the conversion must be approved at least six months before the L-1B five-year limit is reached. Conversion from L-1B to L-1A does not automatically make the employee eligible for an EB-1C green card.
Processing times and fees
Processing times vary depending on USCIS workload and the embassy or consulate. Premium processing is available for faster adjudication. Some employers may face additional fees if they have a large number of employees already on L status.
Final thoughts
The L-1A visa is a powerful tool for multinational companies seeking to expand operations in the United States by moving their senior leadership team. Its advantages, such as dual intent, no quota restrictions, and a direct route to a green card through the EB-1C category, makes it especially attractive for executives and managers with long-term goals in the U.S. However, the requirements are strict, and USCIS carefully reviews petitions to ensure that the role is truly executive or managerial in nature. Careful preparation and strong supporting documentation are essential for success. For companies with global growth in mind, and for leaders seeking to build their future in the U.S., the L-1A remains one of the most strategic visa options available.
