Employers in the United States may assign a foreign national holding a managerial or executive role to their domestic offices with the L1A visa.
However there are stringent eligibility requirements, and a lot of paperwork is needed to file the petition and receive approval.
All the pertinent information should be shared with the foreign executives or the managers who plan to transfer the business.
An L-1A Visa: What Is It?
The L1-A visa is granted by the United States which is a nonimmigrant visa. Citizenship and Immigration Services (USCIS) to foreign executives or managers who are being transferred to their company’s offices in the United States. It is also referred to as the L-1A Intracompany Transferee Executive or Manager visa. An L-1A visa may also be used by foreign corporations without any affiliated offices in the United States to send a manager or executive with the intention of opening one there.
It’s one of the visas that falls under the category of the L-1 visa. It is the same as the L-1B visa which intends the workers a five-year transfer to the United States. The applicant becomes eligible to apply for an L-1 visa after the visa expires. They are eligible for this visa only after they have worked for the company’s parent, branch, subsidiary, or affiliate at least for one year outside the United States.
Duration of L1A Visa
The majority of holders of L1A visas receive this document for the first three years. However, if their employer keeps running as a multinational corporation, they can ask for a two-year extension, up to a maximum of seven years.
For new branches, this time frame might change. The L1A visa is often granted for one year in these cases.
Holders of L1A visas ought to apply as soon as possible for permanent residency in the US. If not, they have to leave the nation for a minimum of a year after the permitted time frame ends before reapplying for a new L1 or H status.
Advantages for Holders of L-1A Visas
The following advantages are available to “intracompany transferees,” or holders of L1A visas:
- Permission for the petitioning company to reside and work in the United States
- permission to travel inside the United States.
- Permission to travel to the US with dependents
- Possibility of filing for permanent residence
To work in the US, spouses of people with L1A visas may apply for an employment authorization document.
Furthermore, a foreign business might be able to open a branch within the nation with an L1A visa.
Requirements and Eligibility for L1A Visa
To apply for an L1A visa, foreign workers and petitioning US-based employers must fulfill the following requirements:
Workers (Employees)
To apply for an L1A visa, foreign workers and petitioning US-based employers must fulfill the following requirements:
- Before going to the US, they must have worked with the organization overseas for at least a year straight within three years.
- They ought to be employed by the same company or employer in executive, managerial, or specialized knowledge roles.
Employers
In addition to the aforementioned prerequisites, qualifying organizations also need to show the following:
- They are connected to a parent company, affiliate, subsidiary, or branch.
- During the time that holders of L1A visas are in the country, they are or will be operating as employers in the US and at least another nation.
It is essential to fulfill the following criteria for US companies that want to bring in foreign employees to staff new offices:
- Proof that the business has acquired enough real estate to open the new office.
- Proof that the worker spent a year in a managerial or executive role within the three years before submitting the petition for the same parent company, organization, or branch.
- Proof that the foreign employee will receive assistance from the US affiliate or branch office within a year of the L1A visa being approved.
- Particularly in the case of new offices, a business plan may aid in establishing the foreign company’s expansion into the United States and support the transfer.
The Application Process for L-1A Visas
The application procedure, which usually consists of the following steps, requires participation from both the employer and the foreign worker:
- The employer fills out Form I-129, pays the filing fees, and submits it.
- The Form I-129 receipt number that appears on the petition is obtained by the business or organization.
- The employee needs to fill out the form DS-160 online with the help of the data.
- The applicant is required to make an appointment with the consulate for their visa interview.
- The foreign worker is required to bring all the necessary application paperwork and to show up for the visa interview.
If the petition is granted then the applicant’s passport is returned by the courier to the visa collection or the passport location specified at that time of the appointment.
For more information contact US Area Immigration Services immediately!
Frequently Asked Questions (FAQs)
- What distinguishes an L-1A visa from an L-1B visa?
Managers or company executives are eligible for L-1A visas. Typically, an L-1B visa is granted to employees with special knowledge, such as accountants or computer programmers.
- Can an employer transfer L-1A workers to other locations within the United States?
Yes, as long as the workers continue to be governed and managed by their employer.
- What is the duration required to obtain an L-1A visa?
Generally speaking, an L1 visa takes two to four months to process. This period is reduced to one to three weeks for those who receive universal approval.
