Also known as the L-1A Intracompany Transferee Executive or Manager visa, the L-1A visa is a non-immigrant visa issued by the U.S. Citizenship and Immigration Services (USCIS) for foreign executives or managers being transferred to their company’s offices in the U.S.
The L-1A visa offers foreign nationals the opportunity to move to the United States and work in a managerial or executive position. It also allows multinational companies to send their foreign employees to the United States for the purpose of establishing a new branch, affiliate or subsidiary of their organization.
Who qualifies as an Executive and/or Manager?
With L1A Visa, it is not just enough that you’re in a management position and you’re only responsible for supervising junior employees, the employee must meet certain L1A visa requirements that define the executive or managerial role.
As an executive applying for the L1A Visa, your responsibilities should include;
- Overseeing the company’s management or in charge of key departments of the organization;
- Establish company goals and policies and make important decisions with minimal oversight;
- Supervising only senior managers such as stakeholders or the board of directors.
Managerial responsibilities include:
- Management of a department or organization, function, division or part of a company;
- Supervision and control of the work of persons in professional, managerial or leadership positions;
- The power to fire, hire and recommend employees;
- Daily operation management.
L1A Visa Requirements
There are certain requirements petitioning US employers and foreign employees must meet to qualify for the L1A visa.
For Employees:
- Must show evidence of working with the organization abroad for at least one year within the 3 years before coming to the US;
- Employee is assuming the role of an executive or manager for a branch or subsidiary of the same organization.
For Employers:
- Must have a subsisting relationship with a parent company, subsidiary, branch or affiliated foreign company;
- The company normally has to remain in business as a U.S. employer and a foreign employer in at least one other country throughout the L-1A visa holder’s stay in the U.S.
- If a U.S. employer is applying for an L-1A visa to allow their employees to set up a new office in the United States, they must provide proof that they have enough physical space to set up a new office.
L1A Visa Application Process
Applying for the L1A visa is a combined effort of both the petitioning employer and foreign employee. Upon meeting the L1A Visa requirements, it is the employer’s responsibility to complete and file Form I-129, Application for Nonimmigrant Worker, on behalf of employees.
Below are the general application steps for L1A Visa:
- File and submit File I-129 alongside filing fees and other prescribed fees;
- Obtain a receipt number on the approved File I-29 Petition;
- Complete Form DS-160 (Online Nonimmigrant Visa Application) online;
- Schedule an appointment for the L1A Visa interview;
- Attend visa interview bringing along all the L1A visa requirements.
The materials that may accompany an L1A visa application include annual reports, stock share certificates, evidence of affiliation with the company, a company letterhead describing the company, present position being filled, and the proposed position to occupy, among others.
Benefits of L1A Visa
- Low requirements for eligibility
For the foreign employees, the L1A visa only requires you to be a manager, executive, or specialized employee in a multinational company in order to be qualified. This opens up the door for many people that are otherwise ineligible for other work visas.
- Spouses and Dependents Advantage
If you are a foreign employee on an L1A visa status, you can obtain a visa for your spouse, dependents, and children below the age of 21 and their validity period will be the same with an L1A visa holder. In addition, if they meet the requirements to obtain employment authorization documents, they will also be able to work in the United States and dependents may study at US schools and universities. This is a great L-1 benefit because it allows your spouse and dependents to generate additional income to help support the family if needed.
- Dual Intent
Similar to other nonimmigrant visas, USCIS considers the L-1 visa as “dual intent,” which implies that L-1A holders can acquire lawful permanent resident status while staying in the US. This is in contrast to other work visas where pursuing a green card would violate your status and potentially lead to consequences with USCIS.
- Ease with Travel
Enjoy ease with travel within and outside the United States with a L1A visa.
L1V Visa Drawbacks
The L1A Visa may have a lot of appealing features, however, it isn’t without its limitations. In addition to the key factor that applicants must already work for an organization large enough to have a US office, or have worked for a company for at least one year in the three years before relocating to the United States, other drawbacks may include:
- L-1A visa holders can work for a maximum total period of 7 years, with no option for extension. The L1A visa is initially granted for 3 years, with two permitted extensions of 2 years each.
- As far as you are a L1A Visa holder, you are only permitted to work for the employer sponsoring the work visa. You are prohibited to work part-time for another employer or kickstart a business of your own.
- Where the company terminates the employment contract with the L1A Visa holder, there is no official grace period. Once the employment ends, the employer has the right to inform USCIS about the decision. The employer may terminate the employment after giving a reasonable period of notice, however, defining what is reasonable is a relative question.
How We Can Help
Now that you are aware of the L1A visa requirements and all the pros and cons of the L-1 visa over other work visas, you may still be wondering if this is the right choice for you. Retaining the help of a qualified immigration attorney can help you decide how you want to proceed.
At Gehi and Associates India, we are experts in assisting employers in filing claims as well as assisting beneficiaries through the L-1A process. We will guide you through each step and ensure that your application has the best chance of approval without any issues or errors.
