After reading the L1A visa overview and gaining a general idea of what an L1A visa petition is, the next step is to learn about what an executive or manager of a multinational company would need to provide as evidence to prove that they are qualified for an L1A work visa.
The article below provides a brief overview of what the L1A visa requirements are looking for and what documents are usually submitted for each requirement.
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Table of Contents
In an L1A visa petition, it must be shown that (1) the U.S. sponsoring employer must be a parent company, subsidiary, affiliate, or branch of the overseas company, (2) the U.S. sponsoring employer must be or will be doing business as an employer in the United States and in at least 1 other country either directly or through a qualifying organization for the duration of the L1A visa, (3) the person worked for the overseas company as a manager, executive, or a professional with specialized knowledge for at least 1-year within the 3-year period prior to filing the L1A visa petition, and (4) the person is qualified to work as a manager or executive for the U.S. sponsoring employer.
The following sections consist of a brief summary on each requirement and the documents that are generally used as evidence to satisfy that requirement.
The U.S. sponsoring employer must be a parent company, subsidiary, affiliate, or branch of the overseas company
The L1A visa petition requires the overseas company that the person worked for be the same company as the U.S. sponsoring employer (i.e., branch of the U.S. company) or its other business entities (i.e., parent, affiliate, subsidiary). The U.S. sponsoring company and the overseas company must have a qualifying corporate relationship at the time the L1A visa petition is filed. However, the qualifying corporate relationship does not need to have existed throughout the L1A visa workers required 1-year overseas work experience.
There are four main types of qualified relationships under the L1A visa petition: the U.S. company (1) is the same company as the overseas company, (2) is the parent company of the overseas company, (3) is the subsidiary of the overseas company, and (4) is the affiliate of the overseas company.
To determine whether a qualified relationship exists between the U.S. sponsoring employer and the overseas employer, the amount of ownership and control between the two employers will be looked at. Ownership is the right to possess the assets of a legal entity with absolute power and control. Control is the right to direct the management, establishment, and operations of a legal entity. Licensing relationships or franchises are generally not qualified corporate relationships under the L1A visa petitions.
Parent Company
A parent company is a legal entity that has subsidiaries.
Subsidiary Company
A subsidiary company under the L1A visa petition is a legal entity of which a parent company owns directly or indirectly by having:
- (1)
- More than half of the entity and controls the entity
- (2)
- Half of the entity and controls the entity
- (3)
- 50 percent of a fifty-fifty joint venture and has equal control and veto power over the entity
- (4)
- Less than half of the entity but in fact controls the entity
＊Control here means the right and the authority in directing the management and operations of a business entity
Affiliate Company
An affiliate company under the L1A visa petition is a legal entity that is:
- (1)
- One of two subsidiaries both of which are owned and controlled by the same parent or individual
- (2)
- One of two legal entities owned and controlled by the same group of individuals, with each individual owning and controlling approximately the same share or proportion of each entity
- (3)
- Firms that operate under the same internationally recognized corporate name even if they are actually separate entities (For example, an internationally recognized name of an accounting firm used by international management consulting firms or firms marketing accounting services can be considered as affiliates)
＊Control here means the right and the authority in directing the management and operations of a business entity
Branch
A branch is an operating office or division of the same organization in different physical locations. A branch is not a separate business entity.
Documents to Prepare (Qualified Relationship Between U.S. sponsoring employer and Foreign Employer)
Commonly used documents to prove that a qualified relationship exists between the U.S. sponsoring employer and the overseas employer under an L1A visa petition includes but is not limited to:
Evidence that shows the ownership and control of the foreign employer can include but is not limited to:
Documents from U.S. employer:
- Most recent Securities and Exchange Commission Form 10-k of the U.S. employer or its parent entity (it should list all U.S. and foreign affiliates, subsidiaries, branch offices, and ownership percentage)
- Most recent federal tax returns of U.S. employer (it should include all schedules and attachments)
Documents from the foreign employer:
- Most recent foreign government agency filings and annual report of the foreign entity (it should list all parent companies, affiliates, subsidiaries, branch offices, and ownership percentage)
- Formation and governing documents of the foreign entity (it should include details of the formation, ownership and management)
- Meeting minutes of the foreign entity (it should list the shareholders and members, the type, amount, and percentage of shares, memberships owned)
- Stock purchase agreements of the foreign entity and its shareholders (should list the type, amount, and price of shares purchased)
- Share certificates issued by the foreign entity
- Stock ledger of the foreign entity (it should include all stock certificates issued, shareholders names, total shares sold)
- Documents from an appropriate foreign government agency that show the U.S. employer is authorized to operate as a branch office in that foreign country
- Current capitalization table or detailed owner list of the foreign entity (it should include the owners’ names, their ownership type and percentage)
- Franchise purchase agreement and documents that show the legal right and authority to direct the foreign entity’s management and operation
Documents from a foreign employer that is a non-profit organization:
- Bylaws or other governing documents of the foreign entity
- List of the foreign entity’s board of directors, board of governors, or board of trustees
- Documents listing the person or entity that has the right to possession or right to direct the disposition of the foreign entity’s assets
- Documents listing the person or entity that is fully or is the primary source in funding the foreign entity
- Documents on the right to appoint the foreign entity’s director or board member
Evidence that shows the ownership and control of the U.S. employer can include but is not limited to:
Documents from the U.S. employer:
- Most recent Securities and Exchange Commission Form 10-k of the U.S. employer or its parent entity (it should list all U.S. and foreign affiliates, subsidiaries, branch offices, and ownership percentage)
- Most recent annual report of the U.S. employer (it should list all parent companies, affiliates, subsidiaries, branch offices, and ownership percentage)
- Most recent federal tax returns of U.S. employer (it should include all schedules and attachments)
- Meeting minutes of U.S. employer (it should list the shareholders and members, the type, amount, and percentage of shares, memberships owned)
- Subscription or stock purchase agreements of U.S. employer and its shareholders (should list the type, amount, and price of shares purchased)
- Share certificates issued by the U.S. employer
- Stock ledger of U.S. entity (it should include all stock certificates issued, shareholders names, total shares sold)
- Bylaws and articles of incorporation of the U.S. employer (it should include all amendments, list of the type and amount of stock authorized to be issued by the U.S. entity)
- Operating agreement and articles of organization of the U.S. employer (it should include all amendments, list of member names, type, membership interest percentages issued by the U.S. entity)
- Partnership agreement and registration documents of the U.S. employer (it should include all amendments, partner names, type, partnership interest percentages, the extent of partners’ liabilities)
- Sole proprietorship registration documents of the U.S. employer (it should show the person operating it)
- Documents from a state agency showing the foreign employer have been authorized to operate as a branch office in the U.S. state where it is located
- Current capitalization table or detailed owner list of U.S. entity (it should include the owners’ names, their ownership type and percentage)
- Franchise purchase agreement and documents that show the legal right and authority to direct the U.S. entity’s management and operation
Documents from a U.S. employer that is a non-profit organization:
- Bylaws or other governing documents of U.S. entity
- List of the U.S. entity’s board of directors, board of governors, or board of trustees
- Documents listing the person or entity that has the right to possession or right to direct the disposition of the U.S. entity’s assets
- Documents listing the person or entity that is fully or is the primary source in funding the U.S. entity
- Documents on the right to appoint the U.S. entity’s director or board member
The U.S. sponsoring employer must be or will be doing business as an employer in the United States and in at least 1 other country either directly or through a qualifying organization for the duration of the L1A visa
The L1A visa requires that the U.S. sponsoring employer must be or will be doing business as an employer in the United States and in at least 1 other country either directly or through a qualifying organization for the duration of the L1A visa. Both the U.S. company and the overseas company must be actively doing business by providing regular, systematic, and continuous goods or services.
The U.S. company can qualify as “doing business” in the United States even when it is only doing business with its affiliates and subsidiaries. For example, the U.S. sponsoring employer can be qualified as doing business where it earns all its revenue from its subsidiary overseas and not from selling products directly to unaffiliated third-party customers. However, a mere presence of an agent or office does not qualify as doing business.
Starting New U.S. Office
Executives or managers who are being sent to the United States to start a new office must show that the physical premise of the new office is already secured and the office will be able to support an executive or managerial position within 1 year of the L1A visa petition being approved. The lease agreement for the U.S. office space should be for at least 1 year. Virtual office spaces or P.O. boxes cannot be used as for the physical premises.
A detailed business plan of the new U.S. office must be provided and it should include growth timelines, hiring plans, financial targets, market analysis, and business strategies. Other documents that show the amount of investment put into the new U.S. office, the secured physical premises of the office, the products or services of the business, and the planned staffing structure should also be provided.
Documents to Prepare (Multinational Company Doing Business)
Commonly used documents to prove that U.S. sponsoring employer is a multinational company that has been or will be doing business in the United States under an L1A visa petition includes but is not limited to:
Evidence that shows the employers doing business in the United States and at least 1 other country can include but is not limited to:
Documents from the foreign employer:
- Most recent annual report
- Tax documentation
- Audited financial statements
- Invoices
- Purchase orders
- Bills of lading
- Vendor, supplier, or customer contracts
- U.S. custom documentation
Documents from the U.S. employer:
- Securities and Exchange Commission Form 10-k
- Most recent annual report
- Federal and state income tax returns
- Audited financial statements (it should include balance sheets, statements of income and expenses)
- Major sale invoices (it should be able to support the gross sales amount in the income and expenses statements or the corporate income tax returns)
- Bank statements that show business activity
- Shipper’s export declaration, shipper’s export declaration for in-transit goods, or the electronic filing of export data from the Automated Export System
- Vendor, supplier, or customer contracts
- Third-party license agreements
- Loan and credit agreements
- U.S. Customs and Border Protection forms, Entry Summary and Customs Bond that shows business activity
Documents that show the activities to start a new U.S. office can include but is not limited to:
- Lease agreement or deed (should include total square footage of premises, photos of the premises, products and equipment)
- Documents that show the financial investments made by the foreign company
- Business formation documents (e.g., articles of incorporation, bylaws, business licenses)
- Detailed business plan (budgets, timelines, hiring plans, organizational hierarchy, market analysis, financial targets, business strategies)
The person must have at least 1 year of continuous full-time employment overseas with a qualified organization within the 3-year period immediately prior to filing the L1A visa petition
The L1A visa petition requires the person to have at least 1 year of continuous full-time employment overseas with a qualified organization within the 3-year period immediately prior to filing the L1A visa petition. The 1-year employment overseas must be a full-time job and there cannot be any breaks in employment during that 1-year period.
Only the days that the person is physically outside the United States can be counted towards the 1-year overseas employment requirement. Traveling to the United States for brief vacations or short periods of training, conferences, and similar activities on behalf of the company does not break the 1-year continuity in employment, however, those time spent in the United States cannot be counted towards the required 1-year employment.
Adjusted 3-year period
Typically, the 3-year period means the 3 years immediately before the date that the L1A visa petition was filed. However, if a person is already in the United States under a different qualified nonimmigrant visa (e.g., H1B visa or E2 visa) working for the qualifying organization, the 3-year period under the L1A visa petition can be adjusted to an earlier start date by not counting their time working in the United States.
If the person was in the United States under an F1 visa status (or on OPT), L2 visa status (i.e., L1 visa worker’s dependent family), not employed, or being employed with another unrelated company then there will be no adjustment to the 3-year period under the L1A visa petition. If the person has a more than 2-year break in employment with the qualifying organization, then a new full 1-year continuous employment with the qualifying organization will be needed and the previous periods of employment cannot be used.
Documents to Prepare (1-Year Overseas Employment Within the 3-Year Period Prior to Filing)
Commonly used documents to prove that the person was employed overseas for 1 year within 3 years of filing the petition under an L1A visa petition includes but is not limited to:
- Pay records of the L1A visa worker
- Personnel records of L1A visa worker
- Training records of L1A visa worker
- Letter from the L1A visa worker’s supervisor(s) that includes a description of the L1a visa worker’s work experience in the foreign entity
- Letter from the Human Resource Department (HR) that includes a discussion of the L1A visa worker’s work history in the foreign entity
The person’s 1-year continuous full-time employment overseas must have been in a position that is primarily managerial or executive, or involves specialized knowledge
The L1A visa petition requires the person to have been in a position that is primarily managerial or executive, or involves specialized knowledge during their 1-year continuous full-time employment overseas. The proposed job position in the United States does not necessarily need to be the same job position held overseas. For example, a person can be in a specialized knowledge job position overseas transferring to a managerial job position in the United States.
Documents to Prepare (1-Year Overseas Work Experience)
Commonly used documents to prove that the person’s 1-year foreign employment was in a managerial or executive position, or a position that involves specialized knowledge under an L1A visa petition includes but is not limited to:
- Pay records of the L1A visa worker
- Personnel records of the L1A visa worker
- Training records of the L1A visa worker
- List of all the employees in the L1A visa worker’s immediate division, department, or team by name, job title, education level, salary, and summary of duties
- Organizational chart or diagram (it should include the entity’s structure, staffing levels, identification of the L1A visa worker’s job position)
For foreign positions that are primarily managerial, additional evidence can include but is not limited to:
A letter from an authorized official of the foreign entity that includes:
- A description of the L1A visa worker’s managerial position overseas, its typical managerial duties, and percentage of time spent on each duty.
- How the L1A visa worker managed the organization, department, subdivision, function, or component of the entity.
- How the L1A visa worker made decisions regarding daily operations of the activity or function that the L1A visa worker oversaw.
- How the L1A visa worker controlled and supervised the work of other professional, supervisory, or managerial employees OR managed an essential function, department, or subdivision of the entity
- If the L1A visa worker supervised other employees, then discuss whether the L1A visa worker had the authority to hire, terminate, or recommend other similar personnel actions (e.g., promotion, leave authorization). Performance reviews or appraisals done by the L1A visa worker for subordinate employees should also be provided.
- If the L1A visa worker did not supervise other employees, then discuss how the L1A visa worker functioned at a senior level in the organizational hierarchy or the managed function. Documents that show the specific function is critical or essential to the entity and the L1A visa worker was in a high-level position in the entity or in an elevated position towards the function managed should also be provided (it should include a detailed description of the L1A visa worker’s job duties managing the function compared to the non-qualifying day-to-day duties of the function).
For foreign positions that are primarily executive, additional evidence can include but is not limited to:
A letter from an authorized official of the foreign entity that includes:
- A description of the L1A visa worker’s executive position overseas, its typical executive duties, and percentage of time spent on each duty
- How the L1A visa worker directed the management of the organization, major component or function of the entity
- How the L1A visa worker established the goals and policies of the organization, function, or component of the entity
- How the L1A visa worker had wide discretion in making decisions
- Whether the L1A visa worker received only general direction or supervision from higher-level executives, board of directors, or stockholders of the entity
For Foreign positions that involves specialized knowledge, additional evidence can include but is not limited to:
A letter from an authorized official of the foreign entity that includes:
- A description of the L1A visa worker’s position overseas, its specialized knowledge duties of the position abroad, and the percentage of time spent on each duty
- Explanation of how the knowledge or expertise was either “special” or “advanced”
- List the products, services, tools, research, techniques, equipment, management, procedures, or processes of the entity that required the specialized knowledge in the L1A visa worker’s job duties
- State the minimum time that is required to obtain this knowledge (this can include training and the actual experience after training completed)
- Explanation of the knowledge required to perform the duties of the position and how it compares to similar workers in the entity or industry
Other supporting documents that show the knowledge involved in performing the duties of the position was special or advanced should also be provided.
The job position in the United States must be in a managerial or executive capacity
The L1A visa petition requires that the person must have a job offer for a position that consists of “primarily” executive or managerial job duties. Executives and managers have similar but different job duties under the L1A visa petition. For example, executives have more senior-level responsibilities and have job duties that are on a broader scale than managers.
The proposed job position in the United States under the L1A visa petition cannot be a combination of a managerial position and an executive position. A manager or executive under an L1A visa petition should not be performing hands-on day-to-day business operational activities such as doing the necessary tasks in producing a product or providing a service, and should instead be managing those types of operational activities. Non-managerial or non-executive tasks can only be incidental to their main job duties. First-line supervisors are usually not qualified under the L1A visa petition unless the employees they supervise are professionals whose occupations require at least a bachelor’s degree.
Managerial or Executive Position Determination
To determine whether a managerial or executive position is qualified under the L1A visa petition, factors that will be considered in totality can include but is not limited to:
- The number of subordinates (i.e., employees that are supervised or directed)
- Reasonable business needs
- Staffing levels
- Overall size of organization
- The purpose of the business
- Business’s stage of development
An example of the determination of a managerial or executive position: certain managers that do not oversee any employees but manage an essential function or operation in the organization can still qualify as a manager under the L1A visa petition, whereas an executive in a U.S. company that has only a few employees may not be qualify because it will likely be determined that the executive will not have enough time to primarily engage in executive duties since they will need to perform a lot of day-to-day operational activities.
Small Companies
Companies that are on the smaller side will be more likely to be seen as lacking reasonable needs for a manager or executive due to it not having enough employees to perform the non-executive or non-managerial operational activities of the business. However, a U.S. company with only one employee as a manager or executive is still permitted under the L1A visa petition if the operational activities of the business are performed by non-employees such as independent contractors or employees of related companies overseas.
Executive
The executive under the L1A visa should have the duties and responsibilities of:
- Directing the management of the organization, or a component or function of the organization
- Establishing goals and policies
- Having wide discretion in making decisions
- Only receives general direction or supervision from higher-level executives, board of directors, or stockholders of the organization
Manager
The manager under the L1A visa petition should have the duties and responsibilities of:
- Managing the organization, department, subdivision, function or component of the organization
- Supervising and controlling the work of other supervisory, professional, or managerial employees
- Having the authority to hire, terminate, or recommend other similar personnel actions (e.g., leave authorization, promotions) for the employees who are directly supervised by the person
- Making discretionary decisions to control the day-to-day operations of the activity or function that the person has authority over
Function Manager
The function manager under the L1A visa petition is a manager that does not have any subordinate employees to supervise and direct, or a manager that manages an “essential function” of the business. The function manager here should have the duties and responsibilities of:
- Managing the organization, department, subdivision, function or component of the organization
- Managing an essential function in the organization, department, or subdivision of the organization
- Functioning at a senior level in the hierarchy of the organization or with respect to the function that is managed
- Making discretionary decisions to control the day-to-day operations of the activity or function that the person has authority over
Documents to Prepare (U.S. Manager or Executive Job Position)
Commonly used documents to prove that the U.S. job position is a qualified managerial or executive position under an L1A visa petition includes but is not limited to:
- Organizational chart or diagram of the U.S. entity (it should include the entity’s structure, staffing levels, identification of L1A visa worker’s job position)
- List of all the employees in the L1A visa worker’s immediate division, department, or team by name, job title, education level, salary, and summary of duties
- State Quarterly Wage Report of the U.S. entity (it should include all the name, salary, and number of weeks worked of all employees)
- Documents that show the L1A visa worker and the L1A visa worker’s proposed subordinates (the employees that will be directed by the L1A visa worker):
- Payroll summary
- Wage and tax statement (Form W-2)
- Transmittal of wage and tax statements (Form W-3)
- Miscellaneous income statement (Form. 1099-MISC)
For U.S. positions that are primarily managerial, additional evidence required can include but is not limited to:
A letter from an authorized official of the U.S. entity that includes:
- A description of the L1A visa worker’s proposed managerial position, its typical managerial duties and percentage of time spent on each duty.
- How the L1A visa worker will manage the organization, department, subdivision, function, or component of the entity.
- How the L1A visa worker will make decisions regarding daily operations of the activity or function that the L1A visa worker oversees. If the L1A visa worker will be a first-line supervisor, then documents that show the supervised employees as professionals must be provided.
- How the L1A visa worker will control and supervise the work of other professional, supervisory, or managerial employees OR manage an essential function, department, or subdivision of the entity.
- If the L1A visa worker will supervise other employees, then discuss whether the L1A visa worker has the authority to hire, terminate, or recommend other similar personnel actions (e.g., promotion, leave authorization).
- If the L1A visa worker will not supervise other employees, then discuss how the L1A visa worker will function at a senior level in the organizational hierarchy or the managed function. Documents that show the specific function is critical or essential to the entity and the L1A visa worker will be in a high-level position in the entity or in an elevated position towards the function managed should also be provided (it should include a detailed description of the L1A visa worker’s job duties managing the function compared to the non-qualifying day-to-day duties of the function).
For U.S. positions that are primarily executive, additional evidence required can include but is not limited to:
A letter from an authorized official of the U.S. entity that includes:
- A description of the L1A visa worker’s proposed executive position, its typical executive duties and percentage of time spent on each duty
- How the L1A visa worker will direct the management of the organization, major component, or function of the entity
- How the L1A visa worker will establish the goals and policies of the organization, function, or component of the entity
- How the L1A visa worker will have wide discretion in making decisions
- Whether the L1A visa worker will receive only general direction or supervision from higher-level executives, board of directors, or stockholders of the entity
The person must be qualified to perform the intended services in the United States based on their prior education, training, and employment overseas
The L1A visa petition requires the person to have the qualifications based on their prior education, training, and employment overseas to work in a managerial or executive position in the United States.
Documents to Prepare (L1A Visa Worker Qualifications)
Commonly used documents to prove that the L1A visa worker has the required qualifications to be in a managerial or executive position under an L1A visa petition includes but is not limited to:
- Pay records of the L1A visa worker
- Personnel records of the L1A visa worker
- Training records of the L1A visa worker
- Educational transcripts of the L1A visa worker
- Letter from an authorized official of the foreign entity about the person’s work history should include:
- A description of the L1A visa worker’s position overseas (it should include the title and all specific job duties)
- Outline of all positions that the L1A visa worker was employed in overseas
- Descriptions of the L1A visa worker’s job positions and employment dates at other affiliated companies overseas
- Explanation of how the L1A visa worker is qualified through prior education, training and employment to perform in a managerial or executive capacity in the United States (even if the work performed overseas is not the same as what will be performed in the United States)
The overall emphasis on the documents and requirements/criteria of an L1A visa petition is that the job duties must show the U.S. job position is for a manager or executive and the L1A visa worker must have the required 1-year work experience at a qualified overseas company. The L1A visa is specifically for multinational companies to send their executives or managers to work at an already existing U.S. office or to start a new office in the United States.
The requirements for an L1A visa petition are extensive and while ticking the boxes of requirements sounds simple enough, figuring out what items should be included and strategizing how the petition is presented is not. It is common practice and strongly encouraged to obtain an attorney for employment-based nonimmigrant visa petitions.
For people who do not qualify for the L1A work visa petition yet, the closest alternatives would be filing for an L1B visa petition which is for employees who have specialized knowledge of the multinational company (employer), or an H1b visa petition (Australians can file for E-3 visa petitions) or TN visa petition (for Canadian or Mexicans) to work in the United States. Business owners or investors can file for an E1 visa petition (Treaty Trader) or an E2 visa petition (Treaty Investor).
Another possible alternative to filing an L1A visa petition would be to file for a green card petition which is a permanent immigrant visa and not a temporary work visa like the L1A visa. Typically, a person who is qualifiable for an L1A visa would choose to file for an EB1c green card due to the similarities of the standards and requirements between the two visas. For more on green cards gained through work, please read the overview for employment-based green cards.
If you have an L1A work visa (Executives or Managers for Multinational Companies) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the L1A visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) L1A visa petition and we will also strategize on how the L1A visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an L1A work visa petition due to the complexities in the immigration process and visa requirements.
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- Fill out the form (with some basic information on what your immigration needs are)
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- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
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