The L-1A Visa

The L-1A visa is a pathway for intra-company transfers of non-immigrant workers. It allows U.S. employers to transfer an overseas employee working as an executive or manager in an affiliated foreign office to the U.S. office. It also allows a foreign company that does not have an affiliated U.S. office to send an executive or manager to the United States, in order to establish its business operations in U.S. An L-1A visa holder can live and work in the U.S. on a temporary basis. Thus, the employee is identified as a ‘non-immigrant’ worker.

Employees being transferred to an existing U.S. office are allowed an initial stay period of three years. Employees entering the United States to establish a new office are allowed an initial stay period of one year. The initial validity period can be repeatedly extended for additional two-year increments, until the employee completes 7 years in the U.S. The maximum validity period for this visa is 7 years.

L-1A Visa Benefits

The L-1A visa is beneficial for intra-company transferees, as well as foreign-based companies planning to establish affiliate offices in the United States.

• This visa permits the employee to live, work and travel legally in the United States throughout the validity period.
• It also allows family members (spouse and children under 21 years of age) to accompany the employee to the U.S. by applying through the L2 non-immigrant classification. They are granted the same duration of stay as the employee.
• L-1A visa holders may eventually obtain permanent residency (green card) in the United States by fulfilling the requirements of the relevant visa pathway.

Eligibility Requirements for the L-1A Visa

The L-1A visa eligibility conditions apply to both employers and employees.

To qualify for this visa classification, the employer must:

• Be connected to a ‘qualifying organisation’ outside of Canada. The qualifying organisation is a company that may be a branch office, parent company, subsidiary, or affiliate of the employer.
• Be engaged in a viable business (currently or in the future) as an employer in the U.S. and in at least one other country – either directly or via a qualifying organisation – throughout the time period of the employee’s stay in the United States as an L-1 visa holder. While it is not mandatory for the business to be engaged in international trade, it must be providing consistent, systematic and regular flow of goods and/or services through the qualifying organisation.

To be suitable for this visa, the employee must:

• Have been employed by the qualifying organisation in a country outside the U.S. for at least one continuous year, within the three years preceding her/his admission to the U.S.
• Be entering the U.S. in order to serve in an executive or managerial capacity at a qualifying organisation or branch of the employer.

If the employer is based outside of the U.S. and wishes to send an executive or managerial employee to establish a business in the United States, the following L-1A visa requirements must be fulfilled:

• The employer must prove that they have acquired sufficient property or premises wherein the new office will be located.
• The employee has been working for the employer as an executive or manager for at least one uninterrupted year within the three years preceding the application.
• Within a year of the approval of the application, the intended U.S office will support an executive or managerial position.

L-1A Visa Process

The application process for the L-1A visa is streamlined and well-defined. U.S. Citizenship and Immigration Services (USCIS) is the authority that determines eligibility of applicants, and grants the visa to qualified candidates.

Step 1: The employer is required to file a ‘Form I-129 Petition for a Non-immigrant Worker’ – including the filing fee ($460) – on behalf of the employee. This includes all supporting L-1A visa documents required to be submitted as evidence, as well as a duplicate copy of the form and supporting documents. This application should be filed to the Direct Filing Address.

Step 2: Once the application has been processed, the employer will receive a receipt notice from USCIS. USCIS will also issue a notice for the biometrics appointment date. The biometrics fee is $85.

Step 3: The employer will receive a written notice of the decision made by the USCIS.

L-1A Visa Processing Time

An I-129 Form for the L-1A intra-company transfer visa is typically processed within 6 months. However, processing times may vary.

To know more about the L-1A Visa, you can write to us at web@abhinav.com. Our expert team of consultants will get in touch with you to resolve your queries. You can also contact us on (+91) 859 533 8595 or directly interact with our consultants through our Live Chat window.