If you currently manage or own a foreign company and want to expand operations into the United States, the L-1A visa provides a streamlined path forward. This non-immigrant visa category was created specifically for multinational executives and managers who need to transfer to a U.S. office. The program requires that you have worked for the foreign firm for a minimum of one year continuously over the past three years before being transferred to the U.S.
No Investment Requirements or Degree Mandates
The L-1A visa stands out because it does not require you to make any specific financial investment in the U.S. operation. You are not required to prove that you invested $50,000 or $200,000 to qualify. The focus remains on your managerial or executive capacity within the organization rather than your personal capital contributions.
You are also not required to hold an advanced degree or a bachelor’s degree to qualify. Many founders and chief executives built their business experience through years of practical work rather than formal education. The L-1A visa recognizes this reality by evaluating your actual job responsibilities and decision-making authority instead of your academic credentials.
Self-Sponsorship Through Proper Corporate Structure
One significant advantage for startup founders involves the ability to sponsor yourself through your own U.S. company. You must establish proper corporate governance with an independent board of directors or supervisory committee that can make employment decisions. This structure demonstrates to U.S. Citizenship and Immigration Services that a legitimate employer-employee relationship exists even though you own the company.
The U.S.-based entity must be related to the foreign company in a way that is considered eligible. This means the two companies share a parent-subsidiary connection, branch office arrangement, or affiliate structure through common ownership. You need to provide documentation proving this corporate relationship when you file your petition.
No Annual Cap or Lottery System
When it comes to the L-1A visa, there is no limit on how many can be issued per year. You can apply at any time during the year without worrying about missing a registration period or hoping your name gets selected in a random lottery. This certainty helps you plan your business expansion timeline with confidence.
Processing times remain relatively fast. Standard processing usually takes two to six months. If the needs of your business demand faster action, you can pay for Premium Processing and receive a decision within 15 calendar days. This expedited service costs $2,805 and can prove essential when you need to establish operations quickly or respond to urgent business requirements.
Work Authorization for Your Spouse
Your spouse receives significant benefits under the L-2 dependent visa category. After getting to the U.S., your spouse can become authorized to work by filing Form I-765. Once approved, your spouse can be employed by any company in any industry with no limitations. This flexibility provides financial stability for your family and allows your spouse to pursue career goals while you focus on building the U.S. business.
Any children you have who are under 21 and are unmarried can also accompany you to the United States under L-2 status. They can attend school and remain with you throughout your authorized stay period.
Initial Duration and Extension Options
When you transfer to manage a U.S. office that is already operational, you will be allowed to stay initially for a maximum of three years. If you are coming to establish a new office in the United States, your initial approval is valid for one year. This shorter initial period for new offices allows USCIS to verify that your U.S. operations become viable and can support an executive or managerial position.
After your initial period ends, you can request extensions in two-year increments. The maximum time you can stay in the U.S. on your L1-A visa is seven years. This extended timeframe gives you a substantial amount of time to grow your business and work toward permanent residence.
Direct Path to Permanent Residence Through EB-1C
One of the most valuable advantages of coming to the U.S. on an L-1A visa is that it provides an easier path to getting a green card. After you have worked in the United States for about a year or two, you might be able to apply for the EB-1C immigrant visa category designed specifically for multinational executives and managers.
With the EB-1C category, your employer does not need a PERM labor certification from the Department of Labor (DoL). This will save quite a bit of time, as it can take more than a year to get this certification to prove that there are no U.S. workers who are qualified to hold the role.
Because you already documented the necessary elements for your L-1A petition, you can reuse much of the same evidence for your EB-1C application. Your spouse and children also receive green cards based on your EB-1C approval.
No Prevailing Wage Requirements During L-1A Status
The L-1A visa does not impose prevailing wage requirements during your nonimmigrant status. You and your company can determine appropriate compensation based on the business’s requirements and the available resources. This flexibility helps startups and growing companies that may not yet generate revenue sufficient to pay high salaries.
You should make sure to save documents showing that you are being paid a salary regularly. This is because USCIS wants to verify that you work in a bona fide executive or managerial role rather than as an investor who simply owns the company without being actively involved.
Work Exclusively for the Sponsoring Company
You are only allowed to work for the employer who submitted the petition while you are in the U.S. on an L-1A visa. You cannot quit your current position and work for another company, just as you cannot do any other form of work that is not authorized. This restriction differs from some other visa categories but ensures that you focus on the business operations that justified your transfer to the United States.
You can travel internationally and return to the United States throughout your authorized period. Keep your passport and visa stamp current to avoid reentry problems.
Work with Pride Immigration for Your L-1A Petition
The documentation requirements for an L-1A visa demand attention to detail and thorough preparation to demonstrate your qualifying managerial or executive role and the corporate relationship between entities.
Pride Immigration brings extensive experience helping business leaders successfully obtain L-1A visas and transition to permanent residence through EB-1C petitions. Contact us today at (703) 594-4040 or online to discuss your specific situation and create a strategy for your U.S. expansion.
Beeraj Patel, Esq.
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