At Margaret W. Wong & Associates, LLC, we know that immigration is the backbone of a healthy economy.
Our goal is to create a supportive environment that facilitates both immigration and business growth throughout the country. Our team of attorneys has extensive experience in both employment-based immigration cases involving petitions for permanent residency and those involving temporary employment.
What is Employment Based Immigration?
Employment-based immigration can be broadly divided into two labels: immigration visas, which are permanent, and nonimmigrant visas, which are temporary. Our attorneys can assist employers intending to bring workers permanent labor certification (PERM) in the United States. We also support nonimmigrant visas for a wide range of individuals, including foreign investors and health care providers.
The L-1A visa allows multinational companies to transfer executives and managers from a foreign office to a related U.S. office. It is one of the most powerful employment-based visa options for business expansion, corporate restructuring, and global mobility.
If your company is expanding into the United States or transferring senior leadership to a U.S. entity, the L-1A visa may be the right solution.
What Is an L-1A Visa?
The L-1A intracompany transferee visa is a nonimmigrant visa available to executives and managers who:
- Have worked for a qualifying foreign company for at least one continuous year within the past three years
- Are coming to the United States to work for a related U.S. company (parent, subsidiary, branch, or affiliate)
- Will serve in an executive or managerial capacity in the U.S.
The L-1A visa is commonly used by multinational corporations, startups opening U.S. offices, and growing global businesses.
Key L-1A Visa Requirements
To qualify for an L-1A visa, both the company and the employee must meet specific requirements.
1. Qualifying Corporate Relationship
The U.S. and foreign companies must have a qualifying relationship, such as:
- Parent company
- Subsidiary
- Affiliate
- Branch
2. Executive or Managerial Role
The employee must work in:
- Executive capacity (directing the organization or major components and making high-level decisions), or
- Managerial capacity (supervising professional employees or managing an essential function)
USCIS closely examines whether the role is truly managerial or executive — job title alone is not enough.
3. One-Year Foreign Employment
The employee must have worked abroad full-time for the related foreign entity for at least one continuous year within the last three years before entering the U.S.
L-1A Visa for New Offices
Companies that do not yet have an established U.S. operation may apply for a New Office L-1A visa.
Additional requirements include:
- Securing physical office space in the United States
- Submitting a detailed business plan
- Demonstrating the financial ability to support operations
- Showing that the new office will support an executive or managerial position within one year
New office approvals are typically granted for one year initially, after which an extension must demonstrate business growth and operational activity.
L-1A Visa Duration and Extensions
- Initial approval: Up to 3 years (1 year for new offices)
- Extensions: Increments of 2 years
- Maximum stay: 7 years
L-1A Visa to Green Card (EB-1C)
One of the major advantages of the L-1A visa is that it may lead to a green card through the EB-1C Multinational Manager or Executive category.
Benefits of EB-1C include:
- No PERM labor certification required
- Priority category (often faster processing than many employment-based options)
- Direct path to permanent residence for executives and managers
Many multinational companies strategically use the L-1A as a pathway to permanent residency.
L-1A vs. L-1B: What’s the Difference?
- L-1A: For executives and managers (7-year maximum stay)
- L-1B: For employees with specialized knowledge (5-year maximum stay)
Choosing the correct classification is critical to approval and long-term immigration planning.
Benefits of the L-1A Visa
- No annual cap (unlike the H-1B visa)
- No prevailing wage requirement
- Allows dual intent (pursuit of permanent residency permitted)
- Spouses (L-2) may apply for work authorization
- Flexible structure for multinational businesses
Why Work with an Experienced L-1A Immigration Attorney?
USCIS carefully reviews:
- Organizational charts
- Payroll records
- Business operations
- Managerial duties
- Corporate structure
Requests for Evidence (RFEs) are common in L-1A cases, especially for smaller companies or new offices. Strategic documentation and precise legal drafting significantly improve approval chances.
An experienced immigration attorney can help:
- Structure corporate documentation
- Define qualifying managerial capacity
- Prepare persuasive petition letters
The H-1B registration process is the first step for U.S. employers seeking to sponsor foreign professionals under the annual H-1B visa cap. Before filing a full H-1B petition, employers must complete an electronic registration through U.S. Citizenship and Immigration Services (USCIS).
Because demand exceeds supply each year, USCIS conducts an H-1B lottery to select eligible registrations.
Below is a simplified overview of how the H-1B cap registration process works.
What Is the H-1B Cap Registration?
The H-1B registration system is an online pre-selection process used to manage the annual cap of:
- 65,000 regular H-1B visas
- 20,000 additional visas for individuals with a U.S. master’s degree or higher (advanced degree exemption)
Employers must register each beneficiary during the designated registration period, typically held in March each year.
Only selected registrations may proceed to full petition filing.
Step-by-Step H-1B Registration Process
1. Create a USCIS Online Account
Employers (or their attorneys) must use a USCIS organizational account to submit registrations electronically.
2. Submit Beneficiary Information
During the registration window, employers provide basic details, including:
- Beneficiary’s legal name
- Date of birth
- Country of birth and citizenship
- Valid passport information
- Advanced degree eligibility (if applicable)
- In addition this year will be a weighted selection with USCIS giving beneficiaries with the higher wage levels a higher chance of being selected.
At this stage, employers do not submit the full H-1B petition or supporting documentation.
3. Pay the Registration Fee
A registration fee is required for each beneficiary and must be paid online at submission.
4. H-1B Lottery Selection
If USCIS receives more registrations than available visas, it conducts a random lottery selection.
Employers are notified of selection results through their USCIS accounts.
5. File the Full H-1B Petition
If selected, the employer may file Form I-129, along with:
- Certified Labor Condition Application (LCA)
- Supporting documentation
- Required filing fees
The filing window typically lasts 90 days from the selection notice.
Who Must Register for the H-1B Lottery?
The H-1B cap registration process applies to:
- New H-1B cap-subject petitions
- F-1 students transitioning to H-1B
- Foreign professionals abroad
- Employees moving from cap-exempt to cap-subject employers
Cap-Exempt Employers
Certain employers are exempt from the H-1B cap, including:
- Universities
- Nonprofit entities affiliated with universities
- Nonprofit research organizations
- Government research institutions
Cap-exempt employers may file H-1B petitions year-round without going through the lottery.
Common H-1B Registration Mistakes
- Entering incorrect passport information
- Submitting duplicate registrations
- Missing the March registration window
- Assuming lottery selection guarantees approval
Selection in the H-1B lottery allows filing of the petition — it does not guarantee approval.
Why Legal Preparation Matters
Although the H-1B registration stage is streamlined, the full petition requires detailed documentation. Employers should prepare early, especially in cases involving:
- Specialty occupation analysis
- Third-party worksite placements
- Startup companies
- Prior status issues
Proper planning can significantly improve the chances of approval once selected.
EB visas typically are available for those who demonstrate extraordinary ability in their field or who offer a significant benefit to the industries in which they contribute.
This may apply to high-level executives, scientists, professors and others who make significant contributions to their field or to the national interest. Visas in this category include:
- EB-11: Immigrants of extraordinary ability
- EB-12: Outstanding professors and researchers
- EB-13: Multinational executives and managers
- EB-2: National interest waiver
For more details on the types of EB Visas available, please visit our Free Immigration Explainer on Employment-based Immigration.
Explore Our Latest Success Stories
Learn about the process to move to United States through employment.
Our Practice Areas
Citizenship and Naturalization
Among the most rewarding experiences for a U.S. immigration and naturalization lawyer is to see a client win citizenship.
Deportation and Removal
At Margaret W. Wong & Associates, LLC, our lawyers have devoted themselves to defending people in removal proceedings throughout the United States.
Appeals
If you have already been to immigration court and the Board of Immigration Appeals, and neither has given the results you need, you still have more options.
Asylum
Asylum immigration to the United States is open to people who have either been persecuted in their home countries or have reason to believe they will be.
Employment-Based Immigration
At Margaret W. Wong & Associates, LLC, we know that immigration is the backbone of a healthy economy.
Family-Based Immigration
There are few things more rewarding for an immigration lawyer than helping unite or create a new family.
Investment-Based Immigration
Businesses, entrepreneurs and investors have a lot at stake in immigration, particularly for multinational business ventures.
Non-Immigration Visas
In the US, non-immigrant visas are given to foreign nationals who need to stay within the country temporarily.
Green Cards
Green cards, or permanent residence cards, are among the most sought-after documents in the field of permanent immigration to the United States.
Your Employment Immigration Attorneys
Employment-based immigration requires experienced attorneys—especially for complex cases. Margaret W. Wong & Associates, LLC is a premier U.S. firm with 200 combined years of experience helping tens of thousands of immigrants.
End-to-end support from consultation to visa or green card approval
Personalized strategies tailored to each client’s goals
Streamlined process to reduce delays and maximize efficiency
Get Started with a Consultation
Schedule a consultation and review your immigration case with one of our experienced attorneys.

