The L-1A visa is a way for executives and managers to move from a company overseas to a related U.S. office. Knowing the specific rules can help you figure out if this is the right path for you to work in America. Essentially, the L-1A visa is a tool for international companies to grow their U.S. operations and for talented leaders to find new opportunities here.
What Your Employer Needs to Qualify
Before you can apply, your employer has to meet some strict requirements. First, the company in the U.S. must have the right kind of relationship with a foreign company, such as being a parent company, branch, subsidiary, or affiliate.
The business also has to be actively operating in both the United States and at least one other country, and it cannot merely be a mailbox or a registered agent; the company must be consistently and actively doing business (such as selling goods or providing services) the entire time you are in the U.S. on an L-1A visa.
What You Need to Qualify
Your own work history is a significant part of qualifying for an L-1A visa, with the main rule being that you must have worked for the company abroad for at least one full year within the last three years before you come to the U.S. This proves you have real experience with the company.
Most importantly, the job you had overseas and the job you are coming to in the U.S. must both be as either an executive or a manager.
What “Executive” Means
Being an executive means you have the power to make important decisions for the company without a lot of supervision. Typically, executives lead the company’s management or a significant portion of the business by setting goals and creating policies.
Your role has to have real authority; a junior supervisory role will not qualify. U.S. Citizenship and Immigration Services (USCIS) will look at what you actually do, not just your job title.
What “Manager” Really Means
Being a manager means you oversee the work of professional staff or manage an important department or function of the business. You might qualify by managing other managers, a team of professionals (such as engineers or accountants), or an essential part of the company’s operations, even if you do not directly supervise people.
The deciding factor is the level of responsibility you have. Managing a team of cashiers, for example, usually does not count. The focus is on managing professional-level employees or an essential business function.
Special Rules for Brand-New U.S. Offices
If your company is just starting a new office in the U.S., there are additional rules. The employer must obtain a physical office space for the new business to demonstrate that they are serious.
For new offices, the one-year work history requirement is even stricter. The new office must also show it has a solid plan to grow enough to support a manager or executive position within one year. USCIS looks at these plans carefully.
Length of Stay
If you are coming to a new office, your first L-1A visa is valid for a maximum of one year. For all other L-1A employees at established offices, the initial stay can be up to three years.
After that, you can request extensions for up to two years at a time. The total maximum time you can stay in the U.S. on an L-1A visa is seven years. It is important to plan your long-term goals with this limit in mind.
Bringing Your Family With You
Your spouse and unmarried children under 21 can come with you to the U.S. on an L-2 visa. They can typically stay for the same amount of time you can.
A great benefit is that spouses on an L-2 visa have permission to work in the U.S. Recent updates have made this process even easier, giving them a special status (L-2S) that automatically proves they can work.
The “Blanket Petition” Advantage for Big Companies
Large, established companies can get what is called blanket petition approval to speed up the process of moving employees. To qualify, a company usually needs to have three or more offices worldwide and have been in business in the U.S. for at least one year. Additionally, the company needs to meet one of the following three criteria:
- Secured at least 10 L-1 visas in the last year.
- Has U.S. sales of at least $25 million per year.
- Has at least 1,000 employees in the U.S.
Obtaining blanket approval does not automatically mean every employee is approved; however, it serves as a “fast pass” that saves the company from filing a full, separate application for every manager they wish to transfer.
Special Options for Canadian Citizens
Canadian citizens have an easier path, thanks to trade agreements. They can often apply for L-1A status directly at a U.S. port of entry, skipping the usual visa process at a consulate. This makes the process much quicker and more convenient.
Rely on Pride Immigration for L-1A Visa Guidance
Comprehending the L-1A visa rules takes careful planning and attention to detail. Pride Immigration has extensive experience helping executives and managers achieve their business goals in the U.S. Contact us today at (703) 594-4040 or online to talk about your situation and build a winning strategy for your visa application.
Beeraj Patel, Esq.
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