The L-1A visa is a non-immigrant category for managerial or executive intracompany transferees in the U.S., allowing them to work in similar roles after being transferred from foreign offices within multinational companies.
Part of the broader L-1 visa category, it grants a stay of up to seven years and includes immediate family members. Managed by the USCIS, U.S. employers submit petitions, ensuring compliance with visa requirements for managerial or executive roles.
This comprehensive guide explores L-1A visa essentials, covering eligibility criteria and the application process, providing valuable insights for those seeking professional opportunities in the United States.
L-1A Visa Eligibility
The following are the eligibility criteria for L-1A Visa:
- Employment of a Multinational Company: The applicant must be employed by a multinational company, which includes entities related by parent, subsidiary, branch, or affiliate relationships.
- One Year of Employment: The applicant should have worked for the foreign employer for at least one continuous year within the three years immediately preceding the L-1A visa application.
- Managerial or Executive Capacity: The applicant must be seeking to enter the U.S. to work in a managerial or executive capacity, which typically involves roles like overseeing employees or managing the organization’s functions or major components.
- Qualifying Relationship: There must be a qualifying relationship between the foreign company and the U.S. office, which can be in the form of parent, subsidiary, branch, or affiliate relationships.
- New Office Considerations: If the U.S. office is newly established, the initial L-1A visa is usually granted for one year. After that, the employer can apply for an extension.
- Blanket Petition (if eligible): Some multinational companies may qualify for a blanket L-1 petition, which streamlines the process of transferring employees.
- Intent to Return: The applicant must intend to return to their home country when their L-1A status expires, as the L-1A is a non-immigrant visa.
Note: These are the primary eligibility requirements for the L-1A visa, but individual cases may have additional specific criteria and documentation requirements.
What is L-1A Visa Duration?
This visa allows intracompany transferees in managerial or executive roles to work in the U.S. for an initial duration of up to one year, with the possibility of extending it for a maximum of seven years. Below mentioned are the L-1A visa duration:
Initial L-1A Visa: Typically, the initial L-1A visa is granted for up to one year if the U.S. office is newly established. For existing offices, it can be granted for up to three years.
Extensions: L-1A visa extensions can be requested in two-year increments, with a maximum total stay of up to seven years.
Total Duration: The maximum allowable stay for L-1A visa holders in the U.S. is typically seven years, but certain circumstances or transitioning to a green card may impact this limit.
Blanket L-1: For multinational companies with blanket L-1 approval, the initial visa and extensions can be processed more efficiently.
Family Members: Dependent family members (spouse and children) on L-2 visas can generally stay in the U.S. for the same duration as the L-1A visa holder.
Documents Required for L-1A Visa
Form I-129:
- Form I-129 is the initial step in the visa application process, and it is the responsibility of the U.S. employer to complete and file this form.
- The employer initiates the petition to bring a nonimmigrant worker to the United States for a specific job or project.
Supporting Documents:
- Proof of the qualifying relationship between U.S. and foreign companies.
- Job offer letter detailing the position, responsibilities, and work location.
Proof of Prior Employment:
- Documentation proving one year of continuous employment abroad with the foreign company.
Employer-Employee Relationship Documentation:
- Evidence demonstrating the employer-employee relationship.
Managerial or Executive Role Documentation:
- Organizational charts, job descriptions, and other evidence of the beneficiary’s managerial or executive responsibilities.
Evidence of High-Level Decision-Making:
- Examples demonstrating the beneficiary’s ability to make significant decisions independently.
L-2 Visa for L-1A Dependents
The Visa offers a valuable opportunity for the spouse of the primary L-1A visa holder to accompany them to the United States. This is made possible through the L-2 dependent visa, granting spouses the privilege of residing in the U.S. throughout the L-1A visa holder’s stay. The L-2 spouses are eligible to apply for work authorization, known as an Employment Authorization Document (EAD). This EAD empowers them to legally work in the United States, contributing significantly to the family’s financial stability.
L-2 work authorization has specific regulations. Seek guidance from immigration authorities or legal experts for a smooth application process and understanding of employment restrictions.
What is the L-1A Visa Cost?
The application fee associated with the L-1A visa might change, however, the recent costs are as follows:
- Form I-129 Filing fee: $460
- Premium processing fee (optional): $2500
- Fraud Prevention and Detection fee: $500
- An additional fee of $4500 may apply based on specific circumstances related to the L-1A visa.
- Attorney Fee as applicable
What are L-1A Visa Salary Package Rules?
The visa applicants must meet certain general requirements related to their compensation, which ensures compliance with U.S. labor standards and is essential for maintaining the visa status.
- Competitive Salary: L-1A visa holders should receive a competitive salary based on industry standards and the specific job role in the U.S.
- Comparable Compensation: The salary should be comparable to what a U.S. employee in a similar managerial or executive position would receive.
- Consistency with U.S. Laws: The salary package must comply with all U.S. labor laws and regulations, including minimum wage and overtime provisions.
- Documentation: Employers should maintain documentation of the salary package to demonstrate compliance with these rules.
- Bonuses and Benefits: In addition to the base salary, L-1A visa holders may receive bonuses, benefits, and other forms of compensation.
- L-1A Visa Renewals: Consistent and competitive compensation is vital for successful L-1A visa renewals.
L-1A Visa to Green Card (EB-1C) Process
Here is a step-by-step process for transitioning from an L-1A visa to a green card (permanent residency) in the United States:
1. Secure L-1A Visa: Obtain an L-1A visa by working for a multinational company in a managerial or executive capacity.
2. Confirm Eligibility: Ensure you qualify for the EB-1C immigrant visa, designed for multinational managers and executives.
3. Employer’s Sponsorship: Your U.S. employer, the same that sponsored your L-1A visa, initiates your green card application under the EB-1C category.
4. File Form I-140: Your employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS to seek approval for your immigrant visa.
5. Priority Date: USCIS assigns a priority date to your I-140 petition based on its filing date, determining your place in the green card queue.
6. Check Visa Bulletin: Regularly monitor the Visa Bulletin published by the U.S. Department of State to track visa availability for your EB-1C category.
7. Apply for Adjustment of Status or Consular Processing: Depending on visa availability, either apply for adjustment of status (Form I-485) in the U.S. or go through consular processing at a U.S. embassy/consulate in your home country.
8. Biometrics and Medical Examination: Complete biometrics (fingerprinting) and a medical examination, if required.
9. Interview: Attend an interview at a USCIS office or U.S. embassy/consulate if it’s part of the process.
10. Green Card Approval: Upon approval, you receive your green card, granting you permanent residency. In some cases, you might receive a conditional green card valid for two years. You must apply to remove the conditions within 90 days before it expires.
