Home/L-1A Visa Program
The L-1 Visa is an intra-company transfer U.S. visa program that enables companies to set up a U.S. operation for the transfer of its executives, managers, and specialized employees.
The L-1 Visa allows foreign companies to expand their operations to the U.S. by transferring managers or executives to newly established or existing U.S. subsidiaries, affiliate parent, or branch offices.
It is available to small and medium-sized business owners who have a running business for at least three years and want to set up a new business in the United States. It is also available to employees in managerial and executive roles in an international company where the company they are working for wants to establish a branch in the U.S.
Managers and executives should be working for the company abroad for one continuous year in the previous three years.
The L-1 visa does not require an investment as part of the application. However, there must be an operating U.S. company for the applicant to transfer to. The U.S. company must be set up in advance, and there may be investment associated with this.
It is important to demonstrate that the U.S. company has sufficient funds to support its operations and elevate the beneficiary to a managerial or executive position.
The dependents of L-1 visa holders, including their spouse and unmarried children (under 21 years old), are eligible to accompany their relative on an L-2 visa.
The L-2 beneficiaries process their visas at the same time as the L-1 applicant. Spouses are eligible to apply for work authorization in the United States. They are not restricted to working in the same L-1 business as their spouse.
Preparing an L-1 application may take 2-3 months on average depending on the responsiveness of the clients and the availability of required documents.
The petition is then filed in USCIS. It could take USCIS between 3 to 6 months to come to a decision. However, with premium processing, USCIS could decide in as fast as 15 business days.
Applicants for “New Office” L-1 Visas (newly established enterprises) are all granted a one-year visa initially.
This allows authorities to check the progress of the establishment of the new U.S. office. If sufficient progress has been granted, it is possible to renew in increments of two years up to the standard maximum of seven years for L-1A and five years for L-1B, respectively.
For Executives and Managers, initially valid for up to three years if the U.S. firm has been in operation for at least one year. This can be renewed in two-year increments up to a maximum of seven years.
After seven years, the L-1A visa holder must return home or transfer to another visa.
It has two subcategories – L-1A & L-1B. Sternon specializes in L-1A visas.
The L-1A category of visas is for the transfer of manager and executive-level employees from the overseas office to the U.S. office of the same company.
It is important to be able to document clear managerial responsibilities with significant authority in the company.
Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity: The ability of the employee to supervise and control the work of professional employees and manage the organization, department, subdivision, function, or component of the organization. It may also refer to managing an essential function of the organization at a high level, without direct supervision.
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