Frequently Asked Questions about the L-1A Visa for Managers and Executives

• Who qualifies as a manager for the L-1A visa?
• What are the criteria for classifying an individual as an L-1A Executive?
• How much education and experience is required for an L-1A executive or manager visa?
• If I am managing a group of professionals or other supervisors at a company in my country, do I qualify for the L-1 visa?
• Are the requirements for the L-1A the same as the requirements for a green card as a Multinational Manager or Executive?

 

Who qualifies as a manager for the L-1A visa?

A manager is defined as someone who manages people, or those who manage a “function” of an organization.   The person in a manager position must:

• Manage the organization, or a department, function or component of the organization;
• Supervise and control the work of other supervisory, professional or managerial employees or
  Manage an essential function within the organization, or a department or subdivision of the organization;
• Has the authority to hire and fire or recommend hiring and firing of employees.  If the position does not supervise others, the person must function at a senior level within the organization’s hierarchy or with respect to the function managed; and,
• Exercise discretion over the day-to-day operations of the activity or function. 

A first-line supervisor is not considered to be acting in a “managerial capacity” due to the supervisory duties unless the employees supervised are “professional.”

What are the criteria for classifying an individual as an L-1A Executive?

An executive is defined as a person in a position in the company who:

• Directs the management of the organization or a major component or function;
• Establishes the goals and policies of the organization, component or function;
• Exercises wide latitude in discretionary decision-making; and,
• Receives only general direction or supervision from higher level executives, the board of directors or stockholders.

How much education and experience is required for an L-1A executive or manager visa?

There is no minimum educational requirement for the L-1A visa.  The L-1A employee must have worked for a company affiliated with the U.S. employer in a foreign country as an executive or high-level manager, or managed an essential function of the business for at least one year in the three years before the transfer.

If I am managing a group of professionals or other supervisors at a company in my country, do I qualify for the L-1 visa?

Yes, you would likely qualify for the L-1A visa if your company transfers you to a branch office, subsidiary or affiliate company in the United States to work in a managerial position.

Are the requirements for the L-1A the same as the requirements for a green card as a Multinational Manager or Executive?

The requirements are similar, but not exactly the same. In order to qualify for permanent residency as a Multinational Manager or Executive, the qualifying experience abroad must consist of at least one year as a manager or executive before the transfer into the United States.  For the L-1A visa, the qualifying experience at the foreign company could be as either a manager or executive, or as a specialized knowledge employee.  If the employee’s experience at the foreign company was not as a manager or executive, the permanent residency petition would require a labor certification.  If the position at both the foreign company and the U.S. company is managerial or executive, the Multinational Manager or Executive option allows an individual to petition for permanent residency without requiring labor certification.

 

For more information about permanent residency options, see our Frequently Asked Questions about Permanent Residency for L-1 visa holders.