The definitions of executive and managerial roles for the L1A visa is very strict. In order to meet the L1A definitions it is not enough to simply supervise or direct lower level staff; Those coming under the L1A Executive or Manager category must have management responsibility over management, supervisory or professional level employees and/or must have broad control over major organisational and/or policy decisions within the company, or a department or subdivision thereof.
These managerial or executive duties should be the employee's primary duties. For example, a construction company owner who manages employees but also spends significant time practising a trade on-site would not qualify, while one whose primary duties involve directing the company's operations or managing other supervisory or professional level staff would.
L1A visa duration
L1A visas are initially granted for 3 years (if transferring the employee to an existing US office) or 1 years (if opening a new US office) extendable in 2 year increments to a maximum of 7 years. L1A Esecutive or Manager visa holders much of the time also meet the rquirments for the EB1C international executive or manager green card visa category.
L1A Visa qualifying conditions
Detailed definitions of qualifying conditions for L1A Managers and L1A executives are provided below.
L1A Visa Executives
In order to qualify as an L1A executive the employee should:
Direct the management of the company, or a major department, subdivision, or function (such as marketing or HR) of the company
Have significant authority over the organisation and/or policy of the company, or major department, subdivision, or function
Receive only general supervision from higher executives, board members, or stockholders
In order to qualify as an L1A manager the employee should:
Manage the company, or a department, subdivision, or function (such as marketing or HR) of the company directly
Directly supervise other managerial, professional, and/or supervisory employees, OR supervise a very large number of lower level staff.
NOTE: This condition is not a requirement. Employees without supervisory duties may still qualify.
If they supervise other employees, they must have the authority to hire, fire, promote, grant leave, and so on to those employees
If they do not supervise other employees, they must operate at a 'senior level' within the company as a whole, or within the team which oversees their department, subdivision, or function
Have personal discretion and authority over day to day operating and decision making for the company, or their department, subdivision, or function
Further information, help, and advice
Workpermit.com's team of specialists has over 25 years of experience in immigration services, and have helped thousands of people to study and work in the US. All applications for US visas are dealt with in-house by a US qualified lawyer who is likely to be a member of the American Immigration Lawyers Association (AILA).