The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.

The following information describes some of the features and requirements of the L-1 nonimmigrant visa program:

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

• The employer has secured sufficient physical premises to house the new office.

• The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and

• The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

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.

The transferring employee may be accompanied or followed by their spouse and unmarried children who are under 21 years of age. Spouses and children may seek admission in the L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

If these family members are already in the United States and seeking changes of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on a Form I-539, Application to Change/Extend Nonimmigrant Status.

Spouses of L-1 workers in valid L-2S nonimmigrant status are considered employment authorised incident to status. DHS-issued evidence of such employment authorisation that is acceptable for completion of Form 1-9, Employment Eligibility Verification, include:

• Present an unexpired Form 1-94 with a notation reflecting L-2S nonimmigrant status. As of Jan. 30, 2022, USCIS and CBP began issuing Form 1-94 with a new admission code for spouses of L-1 workers: L-2S. An unexpired Form 1-94 reflecting this new code is acceptable as evidence of employment authorisation for L spouses under List C of Form I-9.

• Present an unexpired Form 1-94 with a notation reflecting L-2 nonimmigrant status, together with a notice from USCIS regarding the new admission code.USCIS will send L spouses with a Form 1-94 issued by USCIS before Jan. 30, 2022, that was notated with L-2 nonimmigrant status, a notice regarding the new admission code that, together with an unexpired Form 1-94 reflecting L-2 nonimmigrant status, serves as evidence of employment authorisation for such spouses under List C of Form 1-9.

• Present an unexpired Employment Authorisation Document (EAD). L spouses are not required to request employment authorisation by filing Form I-765, Application for Employment Authorisation, but may still file Form I-765, with fee, in order to obtain an Employment Authorisation Document (Form 1-766 EAD). A Form I-766 EAD can be presented to employers as evidence of both identity and employment authorisation acceptable under List A of Form 1-9.

Present an expired EAD with additional documentation to show the EAD is automatically extended (as discussed below).

Certain L spouses qualify for the automatic extension of their existing Form I-766 EADs if they meet the following conditions:

• They timely filed a renewal Form 1-765, Application for Employment Authorisation, based on the same L nonimmigrant status; and

• They have an unexpired Form 1-94 showing their status as an L-2 or L-2S nonimmigrant.

Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the automatic extension period. Effective May 4, 2022, DHS is temporarily increasing the automatic extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic EAD extension will therefore continue until whichever comes first:

• The end date on the dependent spouse’s Form I-94 showing valid L-2 or L-2S nonimmigrant status, as applicable;

• The date we approve or deny their application to renew the previous EAD; or

• 540 days from the “Card Expires” date on the front of the previous EAD.

Additional information on the temporary increase of the automatic extension period is available on the Automatic Employment Authorization Document (EAD) Extension page. Eligible L spouses may present the following evidence of the automatic EAD extension to employers for Form 1-9 purposes:

• Form 1-94 indicating the unexpired L-2 or L-2S nonimmigrant status;

• Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(18)”; and

• The expired EAD issued under the same category, Category A18.

From April 30, 2018, to April 30, 2020, the California Service Center and the CBP Blaine, Washington, port of entry (POE) are participating in a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). For additional information, please visit the Form I-129/I-129S Pilot Program for Canadian L-1 Nonimmigrants.

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition. Eligibility for blanket L certification may be established if:

• The petitioner and each of the qualifying organisations are engaged in commercial trade or services;

• The petitioner has an office in the United States that has been doing business for one year or more;

• The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and

• The petitioner along with the other qualifying organisations meet one of the following criteria:

-  Have obtained at least 10 L-1 approvals during the previous 12-month period;

-  Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or

-  Have a U.S. work force of at least 1,000 employees.

The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.