The Visa L1A is also a non-immigrant type, allowing the transfer of employees from overseas companies to the US. However, it shouldn’t be confused with another similar type of visa, the L-1B visa. They’re both applicable for two very different types of workers. A major advantage of both types of L-1 visas is that they aren’t based on a quota system. Hence, potentially an unlimited number of visas may be granted in a year.
L1A Eligibility has stipulations that both the employee and the company bringing them over to must meet.
For the Employee
Employees hired by an organization situated abroad and having worked there for one continuous year within the three preceding years may apply for the L-1A visa. The motivation behind their application must be to continue working in either executive or managerial capacity.
For the Employer
L1A Visa Eligibility mandates that any foreign employers show that they have a physical premise (an office) in the US. They must also give proof of the post they intend to offer to the incoming employee.
L-1A Visa Classifications
The L-1A visa is open to two types of employees and thus, has as many classifications. Below are the requirements for each class:
An executive employee is eligible to take decisions without much oversight due to the wide latitude they have.
A manager will be supervising other employees within the organization itself, one of its departments, functions, subdivisions, or components. Alternatively, they can be in charge of an essential function at a high level, instead of being under someone else’s direct supervision.
Difference Between L-1A and L-1B
There are certain differences between the two types of L-1 visas. For instance, unlike the L-1A, the L-1B is granted only to employees who have specialized knowledge. Moreover, an L-1A holder may stay within the country for seven years as opposed to the five years that an L-1B holder is allowed. Finally, L-1A visa holders don’t have to complete the Permanent Labor Certification when they apply for a green card (EB1 category). L-1B visa holders don’t have that relaxation since they apply in the EB2 category for a green card.
We mention the documents and the procedure of applying for an L-1A visa below:
- First, the employee will submit Form DS-160 along with:
- Two passport-sized photographs and their US passport copy that is valid for at least six months more
- Resume, diploma, letters of reference, and proof of specialized knowledge
- Then the employer files Form I-129 on their behalf no less than 45 days before (or earlier than six months) when the employee will begin working in the company. They will also pay the fee.
- If Form I-129 is approved by the USCIS, the petitioner will have their appointment for a visa interview. When they attend, they must bring:
- Copies of forms DS-160 and I-797 and L supplement
- Description of the company, its letterhead, and bank statements
- The US company’s stock certificates, lease, evidence of initial investment, audited accounting reports, commercial contracts, letters of credit, invoices, etc.
- From the foreign company, they’ll need an introduction, company letterhead, and address.
- Proof of business license, article of incorporation, tax filings, audit reports, organizational chart, transactional records
- Letter verifying the transfer
The petitioner will get their passport back after the process is complete.
L-1A Visa Benefits
The L-1A offers the following benefits to both the employee and the company:
Benefits for the L-1A Visa Holder
The recipient can legally stay, work, and travel within the country, as well as, bring over their dependents. They may apply for a green card and are instrumental to the success of their company’s new branch in the US.
Benefits for the Company
Small companies find the L1-A visa an easy and affordable way of sending an expert employee to the US. The employee will be skilled enough to allow the organization to meet its goals and objectives much more quickly. Since the USCIS scrutiny for lesser-known companies is well-known, hiring an attorney would be in the company’s best interests.
Multinational firms can add impressively skilled employees from anywhere in the world due to the L-1A visa program. They will also find the process expedites moving their employees from office to office, thus speeding up innovation and business improvement.
A blanket certification can allow organizations to establish intracompany relationships before they begin filing for individual L-1 petitions. To make it happen, they must satisfy the following conditions:
- Be engaged in commercial trades
- Prove that they have been working in the US in their offices for a year or more
- Have evidence that they have three or more branches either within or outside the US
- Applied for 10 L-1 approvals in the previous 12 months
- Have sales amounting to $25 million or higher
- Employ 1,000 or more workers
With a blanket petition, companies can quickly move eligible employees within the US.
How Long Can L-1A Workers Stay?
New companies may keep their L-1A recipient for a year while established companies can do so for 3 years. L-1A employees can extend their visa for up to seven years in increments of 2 years.
What About Family Members?
L1A Visa Requirements allow the dependents of a recipient to move with them to the US on an L-2 Visa. The application procedure requires:
- Completing the DS-160 to get the CEAC Barcode printout
- Paying the fee
- Attending the interview for the visa
They must have:
- Valid passports
- A photograph for the application form
- Copy of demand draft for the fee they paid
- Birth Certificate (children younger than 12)
- Marriage certificate (spouse)
- Wedding photo album and invites from both bride and groom’s sides
- L1 holder’s passport, approved visa, Form I-129, employment verification letter, and tax returns copies, as well as, pay stubs
Contact Attorney Eric Price Today!
The L1A Visa Process is simple but requires a lot of documentation. To make certain that you successfully cover everything, you need an attorney who can assure that both yours and your employers’ petitions are complete before submission. Call Eric Price immediately!