L-1A Visa: Intra-Company Executive Transfer to the USA

L-1A is a temporary work category used to transfer executives or senior executives between eligible international companies. Opening a new company in the USA can also be considered in this context; However, establishing a company, investing, or granting yourself the title of director alone does not provide L-1A eligibility. The intercompany relationship, foreign work history, and actual assignment in the United States are examined together. ¹

In general, at least one continuous year of employment in the appropriate foreign organization is required within the relevant three-year period. The role in the US must be of a managerial or senior executive nature. There are also special manager conditions for foreign positions in new office applications. Therefore, not only the total work experience is important, but also in which company and in which role the experience was gained. ¹

Who might it be suitable for?

A manager of a company operating in Turkey or another country may be transferred to the appropriate affiliated U.S. entity. The company owner may also be considered if he/she meets the conditions. However, becoming a partner does not eliminate the obligation to show that the individual is actually acting as a proper employee or director. ¹

The person who will manage a manufacturing company's US sales operation and the person who will personally handle all daily sales are not subject to the same legal consideration. Personnel management, management of a core function, decision-making authority and who will carry out operational work should be clearly stated. What is important is not the title, but the nature of the work to be done. ¹

How should the connection between companies be established?

A parent company, subsidiary, branch or subsidiary relationship in accordance with the legislation is required. Ownership and control are considered together. Doing business between the same brand, the same family or two companies is not enough. The relationship must be demonstrated by documents such as share registrations and voting rights. ¹

For example, a foreign company having a controlling share in a US company and two companies being owned and controlled to certain extent by the same group of people are different relationship models. Each structure is examined according to its own definition. A partnership scheme that does not reflect reality should not be created in order to appear suitable for the application file. ¹²

What is the difference between the new office and the existing office?

If the US entity has been in business for less than a year, new office rules may come into play. New office L-1A approval is typically for a maximum of one year. Office, financing and business plan; It should explain that the organization will reach a structure that can support mainly managerial duties within this period. ¹

In offices with existing and suitable operations, the initial approval period can generally be up to three years. In both cases, the time given depends on demand and availability. The initial approval period is not the same as the total L-1A stay limit. ¹

How long can you stay?

The grand total limit for L-1A is seven years; Extensions are generally granted for up to two years each. Certain previous H and L periods may be included in the total calculation. A separate review of entry and exit records is required to include eligible periods spent outside the United States. ¹

The expiration date of the visa on the passport, the I-129 approval, and the I-94 length of stay must be distinguished. Checking an I-94 after each entry into the United States is safer than assuming the length of stay based on the company's approval date. ³¹

Situation of spouse and children

Eligible spouses and unmarried children under the age of 21 may be considered for L-2. Spouses documented as L-2S have status-based work authorization; The same right does not apply to children. Appropriate document and identity checks must be carried out when starting to work. ¹⁴

Passport, entry and status durations of family members should be tracked separately from the main applicant. The termination of the primary employee's employment or loss of appropriateness of the company structure may also affect the family plan. ¹³

Does L-1A directly issue a Green Card?

No. L-1A is temporary status. EB-1C, on the other hand, is a separate immigration category and has its own conditions, including that the U.S. employer has been in actual operation for at least one year. L-1A approval is not a guarantee of EB-1C approval. ¹⁵

When planning the application, the current managerial position, the realistic budget for the first year, the continuity of the foreign company and the possible long-term immigration route should be considered together. Thus, the company's commercial plan and its immigration case describe the same real situation.