Corporate Playbook: Managing L-1A New Office and EB-1C Transfers

Introduction

For multinational corporations, workforce mobility is central to global growth. U.S. immigration law provides two crucial tools for transferring executives and managers: the L-1A nonimmigrant visa and the EB-1C immigrant green card category.

This guide is designed for HR executives, corporate counsel, and global mobility managers. It explains how to strategically use the L-1A and EB-1C categories to establish U.S. operations, scale leadership, and secure long-term residency for key talent.

The L-1A Visa – Executives and Managers

The L-1A visa enables multinational companies to transfer executives and managers from an overseas entity to a U.S. affiliate, branch, or subsidiary.

Key Features:

• Initial stay of 1 year for new offices, renewable up to 7 years total
• Applicant must have worked abroad in an executive or managerial capacity for at least 1 of the last 3 years
• Ideal for launching new U.S. offices

The EB-1C Green Card – Multinational Executives and Managers

The EB-1C category provides a permanent residency option for executives/managers who have worked abroad for a qualifying multinational.

Key Features:

• Direct green card pathway
• No PERM labor certification required
• Similar requirements to L-1A, but stricter evidence thresholds

Strategic Pathway: L-1A → EB-1C

• Step 1: Transfer executive to the U.S. on an L-1A
• Step 2: Establish and grow the U.S. entity to demonstrate viability
• Step 3: Transition the executive to EB-1C once the company shows sustained operations and need for managerial oversight

Evidence Required for Corporate Success

For L-1A New Office Petitions:

• Business plans and financial projections
• Lease agreements, office setup, and initial staffing
• Proof of the foreign entity’s ongoing operations

For EB-1C Petitions:

• Organizational charts with multiple managerial layers
• Proof of sustained revenue and operational stability
• Clear descriptions of executive decision-making roles

Common Challenges

• Filing EB-1C too soon—before the U.S. office is sufficiently staffed and generating revenue
• Weak documentation of the foreign entity’s legitimacy and operations
• Overlapping job descriptions that blur managerial vs. operational roles

Best Practices for Corporates

• Invest in strong corporate governance documentation
• Use technology to track employee assignments and compliance
• Align immigration strategy with long-term business objectives

Conclusion

The L-1A and EB-1C categories are indispensable tools for corporate growth and global mobility. By carefully planning the transition from L-1A to EB-1C, companies can secure both immediate U.S. operations and long-term immigration stability for top executives.