L-1A

What is the L1A Visa?

The L1A visa allows foreign companies to transfer certain employees to work for their United States parent, subsidiary, affiliate, or branch office. It also allows foreign companies without a U.S. presence to send an employee to establish a new office in the U.S. The L1A visa is specifically for managers and executives and is a nonimmigrant visa, meaning it is temporary and does not directly lead to a green card.

Duration:

• New office: 1 year initially
• Existing office: 3 years initially
• Extensions: Up to 7 years total

L1A Visa Requirements

1. Qualifying Relationship: There must be a qualifying relationship (parent, subsidiary, affiliate, or branch) between the foreign company and the U.S. company.
2. Employment Duration: The beneficiary must have been employed full-time by the foreign company for at least 1 year within the last 3 years before filing the petition.
3. Position with Foreign Company: The beneficiary must have been employed as a manager, executive, or specialized knowledge worker.
4. Position with U.S. Company: The beneficiary must be coming to the U.S. to work as a manager or executive.

Managerial Role:

• Manages an organization or a department
• Supervises and controls the work of others
• Has authority to hire and fire
• Manages day-to-day operations

Executive Role:

• Directs management of the organization or a major component
• Establishes policies and goals
• Has significant decision-making authority
• Receives minimal supervision

Special Rules for New Office Petitions

1. Physical Premises: The U.S. company must have secured sufficient physical premises.
2. Experience: Employment with the foreign company must have been as a manager or executive.
3. Initial Status: Granted for 1 year initially.
4. Managerial Position: Must show the U.S. company supports a managerial position to get an extension.
5. Continued Operation: The foreign company must continue to operate and maintain a qualifying relationship with the U.S. company.

How to Apply for an L1A Visa

1. Hire an Immigration Lawyer: An immigration lawyer can assess your qualifications and guide you through the process.
2. Gather Necessary Documents: Collect documents for the foreign company, U.S. company, and the L1 visa beneficiary.
3. File Form I-129 and L Supplement: This petition for a non-immigrant worker is essential.
4. Consular Processing: After Form I-129 approval, schedule a visa interview at a U.S. consulate.

Documents Required:

Foreign Company Documents:

• Stock certificates
• Articles of incorporation
• Business tax returns
• Organizational chart
• Certificate of incorporation
• Financial statements
• Office lease copy
• Promotional materials
• Business pictures

U.S. Company Documents

• Corporate by-laws
• Articles of incorporation
• Financial statements
• Stock certificatesBusiness license
• Business plan

Organizational chartPromotional materials

L1 Visa Beneficiary Documents:

• Passport copy
• ResumeJob duties statement with percentages for both foreign and U.S. companies
• Pay stubs or similar evidence showing employment duration

Conclusion

The L1A visa is an excellent option for foreign companies to transfer managers or executives to their U.S. operations. With the L1A visa, the foreign worker can stay in the U.S. for up to 7 years. For more information or assistance with your L1A visa application, contact Sari Law Firm.