L-1A Visas

At Lisa E. Battan, P.C., we assist foreign and domestic businesses in a wide range of business immigration matters. To discuss your company's immigration visa needs, contact our Boulder and Denver L-1A visa attorney.

L-1A visas are used to transfer executives of managers from foreign companies to related U.S. companies. L-1A visas are considered to be good nonimmigrant visas as this visa type leads to an easier road to permanent residence.

First, the company will file an L-1A visa petition on their employee as a multinational manager or executive. In order for USCIS to approve this petition, we must show that: (1) the beneficiary is a manager or executive with both the foreign company and the U.S. company; (2) that the employee has worked one of the last three years for the foreign company; (3) the foreign and U.S. companies have an appropriate relationship (same ownership); (4) the job offer and the beneficiary's acceptance are bona fide and (5) there is no reason why the beneficiary could be refused admission to the U.S.

Executive capacity means that the beneficiary primarily:

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

Managerial capacity means an assignment within an organization in which the beneficiary primarily:

  1. Manages the organization, or a department, subdivision, function, or component of the organization;
  2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
  3. If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, function at a senior level within the organizational hierarchy or with respect to the function managed; and
  4. Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

To learn more about your options under United States immigration law, contact our Colorado immigration law firm.