Scott Legal, P.C. is pleased to announce an L-1A approval with U.S. Citizenship & Immigration Services for a manager of a software company.
Our client sought to transfer a key managerial employee from its overseas operations to the United States to oversee critical business functions and support the company’s continued expansion in the U.S. market.
The L-1A is the intracompany transferee category for managers and executives. It allows a business with established operations abroad to move qualifying personnel into a related U.S. entity, whether that entity is already trading or is being opened for the first time.
Approval in this category rarely turns on a job title. USCIS looks at whether the employee held a managerial or executive role abroad for at least one continuous year in the preceding three years, and whether the position waiting in the United States is genuinely managerial rather than hands-on. In technology businesses, where senior staff often stay close to the technical work, that line takes careful documentation: organizational charts, detailed job descriptions, and evidence of who performs the day-to-day tasks the manager directs.
The employer files Form I-129 with USCIS. A qualifying relationship between the U.S. and foreign entities has to be established, and both must be actively doing business. Where a transferee comes to oversee an essential function rather than a team of direct reports, the evidentiary burden is heavier still.
Approved L-1A managers can extend their stay in increments up to a maximum of seven years, and the category carries dual intent, so a green card application remains available while in L-1A status.
If your company is considering transferring a manager or executive to the United States, schedule a consultation with our team to talk through the options.
