The L-1A intracompany transfer visa covers managers and executives. When your US entity has already been doing business for at least one year, transferring a new L-1A beneficiary is meaningfully simpler than the new-office route: no reliance on projections, an initial approval of up to three years, and no "did the office become operational?" test at renewal — because the office is already operational.
This is the correct filing track when your group has a functioning US presence and wants to bring over a new manager, executive, or director to lead it, expand it, or take on a senior function within it.
Eligibility for an L-1A Existing-Office Filing
Both the company and the individual being transferred must satisfy USCIS requirements. For an established office the focus is on the genuine, ongoing US business and the qualifying managerial or executive capacity of the incoming role.
Qualifying Relationship
The US and foreign entities must share a qualifying relationship — parent, branch, subsidiary, or affiliate — with documented common ownership and control.
One Year Abroad
The transferee must have worked for a qualifying foreign entity for at least 1 continuous year within the preceding 3 years, in a managerial or executive capacity.
Established, Operating Office
The US entity must have been actively doing business for at least one year — with staff, premises, revenue, and real commercial activity.
Qualifying L-1A Role
The US position must be genuinely managerial or executive in nature — primarily directing the organization or a function, not performing the hands-on work of the business.
Doing Business in Two Countries
Both the US entity and at least one foreign entity must continue doing business for the full duration of the L-1A stay.
Supporting Organization
The US office must have enough structure — staff to supervise or an essential function to manage — to credibly support a managerial or executive role.
Manager vs Executive vs Director — What Qualifies?
The L-1A covers two related but distinct capacities. The transferee needs to qualify under one of them:
- Managerial capacity: primarily managing the organization, a department, subdivision, function, or component; supervising and controlling the work of other supervisory, professional, or managerial staff; and exercising discretion over day-to-day operations. A "function manager" can qualify without direct reports if they manage an essential function at a senior level.
- Executive capacity: primarily directing the management of the organization or a major component; setting goals and policies; exercising wide latitude in discretionary decision-making; and receiving only general supervision from higher-level executives, the board, or stockholders.
"Director" is a job title, not a separate visa category. A person with the director title qualifies based on whether their actual duties meet the managerial or executive definition above. USCIS looks past titles to the substance of the day-to-day duties — we make sure the petition accurately captures the real scope of the role.
Why the Existing-Office Route Is Stronger
A new-office L-1A is approved largely on a business plan and gets only one year before a demanding extension. An existing-office L-1A can be approved for up to three years upfront, because the company can prove it is already a functioning business with payroll, revenue, and a real organizational chart. There is no "did the office become operational?" test at the first renewal — the office is already proven. If you have a viable US entity and a genuine manager or executive to place in it, this is the cleaner, lower-risk path.
New Office vs Existing Office — L-1A
| Feature | New Office L-1A | Existing Office L-1A |
|---|---|---|
| US entity status | Newly formed / < 1 yr operating | Operating for 1+ year |
| Initial approval | 1 year | Up to 3 years |
| Primary evidence | Business plan & projections | Actual financials, payroll, org chart |
| First renewal | Must prove office became operational | Standard renewal — no operational test |
| Staffing expectation | Plan to staff within a year | Existing staff / organization in place |
| Maximum stay | 7 years total | 7 years total |
Evidence for a New Manager or Executive Filing
Because the office already exists, the petition is built around proof of the real business and the qualifying capacity of the incoming role:
- Qualifying relationship: incorporation documents, ownership records, and proof of common control between the US and foreign entities.
- Foreign employment: evidence the transferee worked abroad in a managerial or executive capacity for at least one continuous year within the past three years.
- US business activity: federal and state tax filings, financial statements, bank records, contracts, and invoices showing an ongoing concern.
- Organizational chart: the US organization before and after the transfer, showing where the new manager or executive sits and who they direct or which function they manage.
- Subordinate staff or essential function: payroll records and job descriptions showing the staff the manager supervises, or documentation of the essential function they manage at a senior level.
- Detailed support letter: a description of the US role's day-to-day duties, decision-making authority, and the managerial or executive scope of the position.
- Premises: office lease and proof the space is in active use.
Duration & Time Limits
The L-1A for an established office can be approved for up to three years initially, with extensions in two-year increments up to the seven-year lifetime maximum:
Initial Approval
Up to 3 years for an established office
Extensions
Granted in increments of up to 2 years
Maximum Stay
7 years total on the L-1A
Green Card
Direct path — no PERM required
The EB-1C Green Card Path
The L-1A manager or executive route connects directly to the EB-1C multinational manager or executive green card category. The EB-1C generally does not require PERM labor certification — the most time-consuming and uncertain step in most employment green card cases — and often has shorter waits than EB-2 or EB-3. A manager or executive placed in an established US office is frequently well-positioned for EB-1C once the entity has the required operating history and managerial structure. Learn more about the EB-1C green card →
Family Members
Your spouse and unmarried children under 21 can accompany you on L-2 status. The L-2 spouse is eligible for work authorization (EAD) to work for any US employer, and children can attend US schools throughout the stay.
Processing Time
Standard processing of an L-1 petition (Form I-129) typically takes several months. With Premium Processing (Form I-907), USCIS commits to a decision within 15 calendar days for an additional fee — useful when the employee needs to relocate on a defined timeline.
Frequently Asked Questions
How long must the US office be operating to qualify as "existing"?
Generally, the US entity must have been doing business for at least one year. "Doing business" means the regular, systematic, continuous provision of goods or services — not merely the existence of a registered agent or office address. We assess your specific operating history during a free consultation.
Does a "director" title automatically qualify for L-1A?
No. What matters is whether the person's actual duties meet the managerial or executive definitions. A director who primarily performs the hands-on work of the business — rather than directing it — may not qualify. We examine the real scope of the role before building the petition.
What if I don't yet have subordinate staff to manage?
A "function manager" can qualify without direct reports if they manage an essential function of the organization at a senior level. The key is demonstrating that the role is truly managerial in nature, not just in title. We work with you to document the role accurately.
How is this different from the new-office L-1A?
A new-office L-1A is for opening your first US presence — it gets only one year initially and is judged largely on a business plan, with a demanding first-year extension. An existing-office filing relies on the real, operating business and can be approved for up to three years upfront, making it a lower-risk, cleaner path for placing a manager or executive.
When should I start the EB-1C green card process?
As early as the US entity meets the operating requirements — typically after it has been in business for one year and has a genuine managerial structure in place. Starting early gives you time to build the evidence base and avoids the pressure of filing close to the 7-year L-1A cap. We help you plan the timeline from day one.