The L-1A visa enables executives and managers to work legally in the United States for their company’s U.S. operations, primarily serving individuals in leadership positions within multinational companies who need to relocate to a U.S. location. Understanding the requirements for work experience can make the difference whether or not your application is approved.
Read on to learn more about these specific requirements to improve your odds of getting your L-1A visa application approved.
The One-Year Employment Requirement
You need to have a minimum of one year of uninterrupted employment with the company overseas during the three-year timeframe before you come to the U.S. This requirement applies to all L-1A visa applicants without exception.
The one-year period must be continuous employment with a qualifying organization. Short breaks or vacations do not interrupt the continuity of your employment. However, extended leaves of absence may affect whether your employment qualifies as continuous. Your employment abroad must occur within the three-year period immediately preceding your planned entry to the United States.
What Counts as a Qualifying Organization
Your foreign employer must have a qualifying relationship with the U.S. company that will employ you. The organizations can be related as parent company, branch, subsidiary, or affiliate.
Both the U.S. company and the foreign company but be engaged in business during your stay in the United States. Being engaged in business means consistently and actively supplying products or services on an ongoing basis. Simply having an agent or office present does not count as doing business.
The business relationship between the companies must exist throughout your entire stay in L-1A status. If the companies end their relationship, your L-1A status may be affected.
Executive and Managerial Capacity Requirements
During your one year of employment abroad, you must have worked in an executive or managerial capacity. The same requirement applies to your intended role in the United States.
Executive capacity means having the authority to make broad decisions with minimal supervision. In this role, you generally oversee the company’s management or lead a significant division of the organization.
Managerial capacity means overseeing and directing professional staff members. In this role, you are responsible for running an organizational unit, such as a department, division, or functional area. Sometimes managerial capacity can include managing an essential function at a high level without directly supervising other employees.
Special Rules for New Office Petitions
Companies establishing new U.S. offices face additional requirements beyond the one-year employment rule. The employee must have worked as an executive or manager for at least one continuous year within the three years preceding the filing of the petition.
The employer must secure sufficient physical premises to house the new office before filing the petition. Within one year of approval, the U.S. location must have the capacity to sustain an executive or managerial role.
Employees entering to establish new offices receive only one year of initial stay, unlike other L-1A employees who receive up to three years initially.
Timing Your Application Carefully
The three-year window for qualifying employment creates important timing considerations. You cannot file your L-1A petition too early or too late relative to your foreign employment.
If you stop working abroad and wait too long to file your petition, you may fall outside the three-year window. Planning your application timeline carefully helps avoid this problem.
Some employees work for qualifying organizations in multiple countries. The one-year requirement can be satisfied through employment in any qualifying organization abroad, not necessarily in the same country throughout the year.
Common Mistakes to Avoid
Many applicants assume that any employment with the company counts toward the one-year requirement. Only employment in an executive or managerial capacity qualifies. Time spent in non-managerial roles does not count.
Employment with related companies may not always qualify. The companies must have the specific qualifying relationships outlined in immigration law. Simply being business partners or having common ownership may not be sufficient.
Some applicants try to combine employment periods that were not continuous. Gaps in employment prevent the periods from counting as continuous employment, even if the total time exceeds one year.
Extensions and Multiple L-1A Petitions
After your initial L-1A approval, extensions are possible in two-year increments up to a maximum of seven years total. The one-year foreign employment requirement only applies to your initial L-1A petition.
If you leave the United States and want to return in L-1A status after your seven-year limit expires, you must work abroad for one continuous year before becoming eligible for another L-1A petition.
Your foreign employment resets the clock for L-1A eligibility. Working abroad for one continuous year after maxing out your L-1A time makes you eligible for a new seven-year period.
Documentation Requirements
You must provide evidence of your one year of qualifying employment abroad. Employment contracts, payroll records, tax documents, and detailed job descriptions help establish your qualifying employment.
The evidence must show both the duration of your employment and your executive or managerial responsibilities. Generic job titles without detailed descriptions may not be sufficient proof.
Your employer should maintain careful records of your foreign employment from the beginning. Gathering documentation after the fact can be difficult and may delay your petition.
Work with Pride Immigration for Your L-1A Success
Understanding the one-year employment requirement is essential for L-1A success, but dealing with the complex application process requires experienced guidance to ensure all requirements are properly met.
Pride Immigration brings extensive experience in L-1A petitions and employment-based immigration, helping clients avoid common pitfalls while maximizing their chances of approval through careful preparation and strategic planning. Contact us today at (703) 594-4040 or online for assistance with your L-1A petition and related immigration matters.
Beeraj Patel, Esq.
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