The L-1A visa is a type of visa that allows a U.S. employer to transfer an employee to a managerial position in a related office in the United States. L-1A visa holders can work both in the U.S. office and in international branches. Employers may also use the L-1A visa to transfer an employee to the U.S. to establish a new office, branch, or affiliate.
It is important to note that employees visiting the U.S. solely for meetings, conferences, or training purposes are not eligible for the L-1A visa. In such cases, alternatives such as the B-1 visa should be considered.
The L-1A visa is not limited to large multinational corporations; even small businesses and startups are increasingly using it to grow in the U.S. market. There is no cap on the number of L-1A visas that can be issued, meaning there is no visa quota.
L-1A visa holders can bring their spouses and children to the U.S. as well. Spouses on L-2 status may apply for work authorization, allowing them to work in the U.S. The L-1A visa also offers the opportunity to apply for permanent residency (Green Card).
The L-1A visa is typically issued to managers for an initial period of three years. Holders of the L-1A visa can extend their stay in two-year increments, up to a total of seven years, as long as the company continues to operate as a multinational organization.
For new offices, the L-1A visa is initially granted for one year, with the possibility of extension.
If you choose not to apply for permanent residency, after reaching the maximum stay limit for the L-1 visa, you must leave the U.S. for at least one year before applying for a new L-1 or H visa status.
To qualify for the L-1A visa, it is not necessary to be employed full-time with the company, but you must demonstrate that you dedicate regular and significant time to the company. While there is no specific salary threshold for the L-1A visa, low salaries could create challenges in proving your managerial level and responsibilities.
To qualify for an L-1A visa, you must have worked as a senior manager for at least 12 months in the three years preceding the application in a related company (such as a branch, affiliate, or subsidiary) in your home country before transferring to the U.S. company.
To be classified as a manager under the L-1A visa, the following criteria must be met:
To qualify as an executive under the L-1A visa, you must meet the following criteria:
Positions meeting these criteria are typically those of company executives, board members, or shareholders.
There is no investment requirement for the L-1 visa, but the employer must be engaged in active business operations both in the U.S. and abroad or be preparing to start such operations soon.
Although the company does not need to be actively trading at the time of application, it must be formally established and structured in the U.S.
Navigating the complexities of the L-1A visa application process can be challenging. For expert legal assistance and guidance, contact Yellow Law. Our experienced immigration lawyers are ready to help you achieve your goals and ensure a smooth visa process.
