L-1A Visa

• Employment Permit: The L-1A visa allows foreign managers and executives to work legally in the United States, providing them the opportunity to lead and manage operations in their company’s U.S. offices. This enables businesses to maintain continuity and leverage the expertise of their key personnel.
• Residence Permit: L-1A visa holders are granted temporary residency in the U.S. for the duration of their visa, which can initially last up to three years and can be extended for a total of up to seven years. This residency status allows them to live and work in the U.S. while maintaining their role within the company.

The L-1A visa is initially valid for up to three years and can be extended in two-year increments for a maximum of seven years. This extended validity period provides stability for both the employee and the employer, ensuring that crucial leadership roles are filled by experienced personnel without frequent disruptions.

• Children: L-1A visa holders can bring their unmarried children under the age of 21 to the United States under the L-2 dependent visa category. This allows children to attend school and integrate into the community alongside their parents.
• Spouses: Spouses of L-1A visa holders are eligible for L-2 visas, which allow them to accompany the primary visa holder to the U.S. Moreover, L-2 spouses can apply for Employment Authorization Documents (EAD), granting them the ability to work legally in the United States.

One of the significant advantages of the L-1A visa is the dual intent doctrine, which allows visa holders to apply for permanent residency (a green card) without jeopardizing their L-1A status. This means that L-1A visa holders can pursue a path to becoming lawful permanent residents while continuing to fulfill their professional obligations in the U.S., offering a seamless transition from temporary to permanent residency.

• Qualifying Relationship: The U.S. company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate. This relationship must be clearly established to demonstrate the connection between the entities involved in the transfer.
• Employment Duration: The employee must have been employed by the foreign company for at least one continuous year within the three years preceding the L-1A visa application. This requirement ensures that the employee has sufficient experience and familiarity with the company’s operations.
• Managerial or Executive Position: The employee must be coming to the U.S. to work in a managerial or executive capacity. This involves overseeing a significant portion of the company’s operations, managing a team of professional employees, or directing the management of the organization.
• Intended U.S. Role: The U.S. position must be managerial or executive in nature, aligning with the employee’s previous role in the foreign company. The job description should clearly outline the responsibilities and authority associated with the position.
• Business Operations: The U.S. company must be actively doing business. This means it must be engaged in regular, systematic, and continuous provision of goods or services. The company must be operational and not just a shell entity.
• Proper Documentation: A comprehensive application package, including supporting documents such as organizational charts, company records, and employment verification letters, must be submitted. This documentation helps establish the employee’s qualifications and the relationship between the companies.
• Petition Filing: The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, with the U.S. Citizenship and Immigration Services (USCIS). This petition serves as the formal request for the employee’s transfer to the U.S. under the L-1A visa category.

• Evaluation of Your Case: Begin by assessing the specific details of your situation to determine if you meet the L-1A visa requirements. This involves reviewing your employment history, the nature of your U.S. role, and the relationship between the foreign and U.S. entities to ensure eligibility under the L-1A category.
• Constituting Your Eligibility: Gather evidence to support your eligibility for the L-1A visa. This includes verifying your managerial or executive role, the one-year employment requirement with the foreign company, and the operational status of the U.S. business. This step ensures that you have a solid foundation for your application.

• Form I-129, Petition for a Nonimmigrant Worker: This form is filed by the U.S. employer to initiate the visa process. It outlines the employment details and the nature of the relationship between the foreign and U.S. entities.
• Evidence of Qualifying Relationship: Documentation such as articles of incorporation, financial statements, or annual reports to establish the connection between the foreign and U.S. companies.
• Proof of Employment: Employment verification letters, pay stubs, or tax returns from the foreign company to confirm the applicant’s one-year employment within the last three years.
• Organizational Charts: Charts that illustrate the company structure, highlighting the managerial or executive position held by the applicant and the reporting hierarchy.
• Business Operations Documentation: Evidence that the U.S. company is actively doing business, such as contracts, invoices, or marketing materials.
• Detailed Job Description: A comprehensive description of the U.S. position, emphasizing managerial or executive duties and responsibilities.

• Eligibility for Change of Status: If the applicant is already in the U.S. under a different non-immigrant status, they may apply for a change of status to L-1A without leaving the country.
• Form Submission: Submit Form I-129 to the U.S. Citizenship and Immigration Services (USCIS), requesting the adjustment of status to L-1A.
• Approval and Commencement: Upon approval, the applicant can begin working in the L-1A capacity while remaining in the U.S., without needing to travel abroad for visa processing.

• Visa Application Abroad: For applicants outside the U.S., consular processing is required once the Form I-129 is approved.
• Consular Interview: Schedule an interview at a U.S. consulate or embassy in the applicant’s home country.
• Documentation and Interview: Submit the necessary documentation and attend the visa interview to obtain the L-1A visa for entry into the United States.