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L-1A Visas

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L-1A Intracompany Visa

The United States Citizenship and Immigration Services (USCIS) allows employers in the United States with offices in foreign countries to transfer an executive or manager from another country to a domestic office by applying for L-1A nonimmigrant visa classification. Similarly, foreign employers who wish to open a United States office may use this type of classification to send an executive or manager to the United States with the purpose of establishing one. Like any other immigration-related issue, petitioning for L-1A classification can be a difficult task and expose employers to numerous pitfalls without the assistance of an experienced attorney.

At USILAW, our highly trained immigration lawyers have an intimate understanding of the various laws and regulations influencing American immigration law and can walk you step-by-step through the process of applying for L-1A classification. From filling out the necessary paperwork to handling any disputes that should arise with your application, we can help take the guesswork out of your petition and maximize your chances of achieving success.

WHO QUALIFIES FOR L-1A CLASSIFICATION?

There are several requirements that employers and employees must fulfill before the USCIS will grant them L-1A classification, including:
  • The employer must be a parent company, branch subsidiary, or have an affiliated relationship with a foreign company
  • The employer must currently be, or will be, doing business as an employer in the United States and in at least one other country
  • The transferred employee must have been employed by the foreign affiliate in an executive, managerial, or specialized knowledge capacity for a minimum of one continuous year within three years of their admission to the United States
  • The employee must not be a low-level manager
  • The employee must be seeking to enter the United States to serve in an executive or managerial position for the same employer or one of its affiliated organizations

Employers looking to send an L-1A employee to the U.S. to set up an office must be able to show:

  • 1. They have secured sufficient physical premises for the new office, and
  • 2. They are financially able to pay the employee and commence business in the U.S.
Approved L-1A employees who are entering the United States to establish a new office may stay for a maximum initial stay of one year, while all other employees may stay for three years. Extensions may be granted in increments of two years, up to a maximum of seven years. Employers must obtain an approved L-1A petition from the USCIS for each employee they wish to bring to the United States, unless they have been granted blanket L-1 petition approval. Unlike H-1B visas, there is no cap on the amount of L-1A visas that may be issued per year. Likewise, there are no wage requirements for L-1A employees.

WHO IS CONSIDERED TO BE A “MANAGER” OR “EXECUTIVE?”

The L-1A is only offered to managers or executives. The USCIS considers managers to be those with the capacity to control an organization, department, subdivision, function, or smaller component of a company or business. Managers also reserve the power to hire and fire employees as well as recommend employees for promotion, with discretion over the employee’s daily duties.
Executive capacity generally refers to an employee’s ability to make wide-reaching decisions that impact the function, policies, or goals of a company with minimal oversight. Executives generally only receive supervision or direction from higher-level executives, stockholders, or the company’s board of directors.

HOW IS AN L-1A VISA DIFFERENT FROM AN L-1B VISA?

L-1A visas are very similar to L-1B visas in that they both allow employers to transfer foreign employees to the United States. Where these two types of visas differ, however, is in their purpose, length of stay, and eligibility for permanent residency. L-1B visas are reserved for professionals with specialized knowledge related to an organization’s interests and can be extended to a maximum five year stay, as opposed to the L-1A visa’s seven year maximum. While L-1A visa holders may file for a Green Card in the EB-1 category, L-1B visa holders must apply for labor certification under categories EB-2 or EB-3 prior to applying for permanent residency.

SET UP AN INITIAL CASE REVIEW TODAY

At USILAW, our knowledgeable L-1A visa lawyers have the know-how and dedication you need to help you navigate through the American immigration system with ease. Backed by numerous glowing reviews from past clients and an uncompromising commitment to providing personalized attention to each case, you can trust us with confidence to handle your immigration case with the care and professionalism you deserve. To find out more about what our team of advocates can do for you, fill out an online form to schedule a confidential consultation today.

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Great working with USILAW & Team, very Professional & detailed oriented. Have been working with them from past 2 years and have received great support and guidance throughout the process from Maria & Jennifer. Will recommend it for anyone
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USILAW is a top quality immigration law firm. As a business owner I have dealt with other law firms but no one comes close to USILAW's professionalism, efficiency & ethics.
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For assistance, contact our immigration lawyers and legal staff today.

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