L-1A Visa

This type of visa allows business entities to transfer employees from abroad to the U.S. under two circumstances. One, if the business entity is a U.S. Employer, it may transfer an employee serving in a managerial, executive, or specialized knowledge capacity from a foreign office to an affiliated U.S. office. Two, if the entity is a foreign entity that does not yet have a U.S. office but is looking to establish one, it may send employees to do so. 

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L-1A VISA

INTRACOMPANY TRANSFEREE EXECUTIVE OR MANAGER

The L-1A nonimmigrant visa allows business entities to transfer employees from abroad to the U.S. under two circumstances. One, if the business entity is a U.S. Employer, it may transfer an employee serving in a managerial, executive, or specialized knowledge capacity from a foreign office to an affiliated U.S. office. Two, if the entity is a foreign entity that does not yet have a U.S. office but is looking to establish one, it may send an executive or manager to the United States with the purpose of establishing one.

 GENERAL QUALIFICATION FOR L-1A VISA

The employer:

  • The U.S. office and the foreign entity must have a corporate relationship where there is a subsidiary, affiliate, parent, or branch relationship
  • The Employer must already be doing or will be doing regular continuous business in the U.S. and at least one other country during the employee’s time in the U.S.

The employee:

  • must have one year of continuous work abroad with the foreign entity within the last three years and be seeking to enter as an executive or a manager

PERIOD OF STAY

For employees entering the country to establish a new office, The visa allows an initial set up period of one year. At the one-year mark, the office must be considered active and operating. other employees will be allowed a maximum initial stay of three years. However, there is an opportunity for an extension of stay that can be granted for two-year periods until the employee reaches the respective time limit of seven or five years in total.

FAMILY OF L-1

The L-1 worker can be accompanied by his or her spouse and unmarried children under 21 years of age.  those family members may enter in a L-2 nonimmigrant classification and can stay the same period of the employee.

FORMS

To apply for a L-1 visa, the employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.

 

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