The L-1a category is for the executives and managers of multinational businesses. The L-1A nonimmigrant 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. Alternatively, the L-1a category 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.

The requirements of the L-1a visa category are:

• The petitioner must be the same business, or parent, branch, affiliate, or subsidiary thereof, for whom the beneficiary has been employed abroad for at least one year in the past three years;

• The beneficiary is a manager or executive of that business and is destined to a managerial or executive position at the U.S. business;

• The petitioner and beneficiary maintain an employer-employee relationship;

• The petitioner will continue to do business in the United States and at least one other country; and,

• If the beneficiary is coming to the U.S. to open a new branch or office, several additional requirements may apply.

 To summarize these in everyday language: there has to be a specific type or relationship between the U.S. and foreign business; the person receiving the L-1 must actually be employed by the business; both the U.S. and foreign businesses will continue operating during the duration of this process; and, we will have several other requirements because most of our cases will involve opening new offices.

 The process for obtaining an L-1a visa involves first registering and setting up the U.S. business, if it is not yet operational. After that, we file Form I-129, along with some supplements, to USCIS. Premium processing at USCIS is available for an added fee to them, but it can offer a significant time savings. Upon approval of that petition, the executive or manager (along with qualifying family members) undergoes nonimmigrant visa processing their country of residence.