L-1A visa category is for managerial or executive position.

The legal definition of manager and executive role must be strictly followed and a detailed description of duties must be enclosed along with the petition. An executive or managerial capacity requires a certain level of authority and an appropriate mix of job duties. Managers and executives plan, organize, direct, and control an organization's major functions and work through other employees to achieve the organization's goals.

If a small or medium-sized business can support a position where the primary duties are executive or managerial, they can qualify for L-1A. However, merely having the title of a position or ownership of the business are not indicators of managerial or executive capacity on its own. E.g., a physician may start a new corporation for practice and may hire a receptionist, bookkeeper, and a nurse to help him/her in that medical practice. However, such physician is not a manager or executive for L-1A visa purposes. He/she primarily practices his/her professional skills as a physician.

The initial petition will be approved for 3 years (new office petition for 1 year), and can be renewed twice for 2 years each for a total of 7 years.

Managerial capacity means an assignment within an organization in which the employee primarily:

• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
• Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by a virtue of the supervisor's supervisory duties unless the employees supervised are professional.

Executive capacity means an assignment within an organization in which the employee primarily:

• Directs the management of the organization or a major component of function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.