L-1A INTRACOMPANY TRANSFEREE EXECUTIVE OR MANAGER

The updated filing fee for form L-1A can be found here.

When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

To qualify for L-1 classification in this category, the employer must:

• Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
• Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. 

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

• Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
• Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. 

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

1. Have a Qualifying Relationship with a foreign company
2. Currently/Will be doing business as an employer in the U.S. and in at least one other country.

L-1A AFFILIATION BETWEEN U.S. AND FOREIGN COMPANY

For the beneficiary to be a manager or executive who will open or be employed in a new office in the United States, you must show that a qualifying relationship between the U.S. entity and foreign entity exists.

The relationship between branches of the same employer, or amongst parent companies, affiliates, or subsidiaries, must be shown through evidence of ownership and control of these entities. Both the ownership and control of the qualifying Foreign and U.S. entity must be proven. When the USCIS is not satisfied with the evidence, they will request that further evidence is submitted.

• To prove the Ownership and Control of the Qualifying U.S. Entity, evidence may include, but is not limited to, the most recent copies of the following:
  • The Securities and Exchange Commission Form 10-K
  • Annual report,meeting minutes, articles of corporation, articles of organization
  • Stock certificates, a stock ledger, proof of stock purchase or capital contribution (wire transfer receipts, bank statements, cancelled checks, or deposit receipts)
  • Federal income tax returns
  • Partnership agreement or sole proprietorship registration documents, franchise purchase agreement
  • Evidence that the foreign entity has been authorized to operate as a branch office in the state of [STATE] by the appropriate state agency.
• To prove the Ownership and Control of the Qualifying Foreign Entity, evidence may include, but is not limited to, the most recent copies of the following:
  • The Securities and Exchange Commission Form 10-K
  • Detailed list of owners
  • Annual report, meeting minutes, articles of incorporation and bylaws
  • Stock certificates, a stock ledger, proof of stock purchase
  • Income tax returns, articles of organization, partnership agreement or sole proprietorship and registration documents
  • Evidence that the U.S. entity is authorized to operate as a branch office in (foreign company) by the appropriate (foreign nationality) agency.

WHAT WE DO: We ask that all the pertaining documents be submitted to us, and we organize and submit on the client’s behalf. With our expertise and experience, we are able to guide the process and determine the sufficiency of the evidence.

It is the initial planning that is the most crucial. Without efficient planning, the rest of the process is put at risk. At Tsang and Associates, we can help you from the beginning.

1. Working for a Qualifying Organization abroad for 1 continuous year of 3 prior to entering the U.S.

L-1A PREVIOUS ONE-YEAR EMPLOYMENT

For the beneficiary to be a manager or executive who will open or be employed in a new office in the United States, you must show that the beneficiary has been employed in an executive or managerial capacity for one continuous year in the three year period before the time of his or her application for admission to the United States.

It is often difficult to prove both the duration and timing of the employment, as well as the managerial or executive nature. The application must be filed before the one year expires beyond the three-year period. For this reason, proficiency and promptness are key.

When a client retains our services, we assess the documents provided and listen to them articulate the past job descriptions. While the description may be managerial or executive, there is often insufficient recorded evidence. For instance, a client may not have training records or written descriptions of past employment.

The USCIS must be provided and convinced with the following evidence in order to establish eligibility:

• Copies of the beneficiary’s training, pay or other personnel records. These should show the beneficiary was employed in a managerial or executive position abroad.
• An organizational chart or diagram, showing the foreign entity’s organizational structure and staffing levels.
• If employment was managerial, then a letter from an authorized representative of the foreign entity describing the beneficiary’s managerial decisions made on the entity’s behalf. The letter should describe the beneficiary’s typical managerial duties, and the percentage of time spent on each.
• If employment was executive, then a letter from an authorized representative of the foreign entity describing the beneficiary’s executive decisions made on the entity’s behalf. The letter should describe the beneficiary’s typical executive duties, and the percentage of time spent on each.

WHAT WE DO: When the client lacks the necessary evidence, Tsang and Associates will act as the in-house legal department for the company. On the client’s behalf, we often contact the beneficiary’s supervisor(s) or the foreign entity’s Human Resource Department with a sample letter describing the beneficiary’s work history and experience with the foreign entity. When pay records are lacking, we step in with solutions.

In order to avoid RFE’s and unnecessarily extending the process, the applicant must be proactive. Otherwise, one runs the risk of the one-year employment becoming void after the three-year period. And, at Tsang and Associates, we are prepared to help you through every step of the L1-A process until success.

• Will work in an Executive or Managerial capacity.

L-1A MANAGERIAL OR EXECUTIVE CAPACITY

For the beneficiary to be a manager or executive who will open or be employed in a new office in the United States, you must show that the proposed employment involves executive or managerial authority over the new office.

The employee’s satisfaction of the managerial or executive role requirements is arguably the most difficult to satisfy. One cannot assume United States Citizenship and Immigration Services can tell this distinction from the job duties or the supporting documentation. They must be convinced with a diverse portfolio of evidence.

Requirements for someone of Managerial or Executive Capacity Includes but is not limited to:

1. Responsible for managing either the whole organization or a department
2. Supervise and control the work of other supervisory, professional, or managerial employees
3. Have the authority to hire and fire
4. Demonstrate that they oversee the day-to-day operations of the activity or function they manage
5. Demonstrate that they spend a significant portion of time engaged in their position

When a client comes in, Tsang and Associates sits down and begins to understand their situation. As each company differs in industry, country and size, it is important to build a case suited specifically to the company and its needs; and this is what we do. Sometimes we get clients with very little time or some whom have very few employees. With each company dynamic comes a need for proof.

In order to surpass the USCIS’s scrutiny, sufficient evidence must be submitted. Documents that can prove to be helpful for a successful L-1A petition:

• Organizational Charts for the U.S. and Foreign positions:
  • For personnel managers: Show all subordinate employees by name and title that report to the beneficiary and who is reporting to the subordinates
  • For functional managers: Show the beneficiary is in the top tier of the organization, department, or subdivision
•  Detailed job descriptions for the U.S. and Foreign positions:
  • Should provide specific duties performed and the percentage of time spent on each duty.
  • Should clarify the beneficiary’s decision-making authority.
•  Educational documents for subordinates, if they are considered professional.
•  Forms W-2 or pay statements for subordinates or quarterly wage reports to show sufficient staffing to support a manager.

What We Do: At Tsang and Associates, it is our experience that a beneficiary’s role is both managerial and executive as companies are typically of small enough size. Considering, we find it useful to submit all evidence pertaining to both roles.

Considering the scrutiny this section receives and that the USCIS is not able to witness the daily activities, Tsang and Associates construct sample documents to clearly communicate the qualification of the beneficiary, whether it be a cover letter, a resume, a sample daily agenda, or any such evidence that need be recorded to strengthen the case. Tsang and Associates has much experience with the USCIS’ standards and will assist you in meeting them.

The USCIS often renders this section the most difficult to prove. However, planning and experienced assistance from Tsang and Associates can help avoid future RFE’s and other filing issues.

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.