The L-1A visa is a nonimmigrant visa intended for foreign managers or executives who are seeking to be transferred to their company’s U.S. locations. The L-1A visa is an extension of the L-1 visa, which allows a company to transfer to their U.S. locations with the intention of opening a new U.S. branch, or business related to the company.
Who is Eligible?
The L-1A visa is not intended for every employee in the business. The L-1A visa is only intended for employees who play a managerial, or executive role in the company. During the application process, the petitioner (U.S. employer) must outline an evident list of all the duties and responsibilities the beneficiary is expected to perform. Typical duties an L-1A recipient are intended to perform are planning and organizing for the company, as well as directing and controlling the functions of the company and the employees. Specific managerial responsibilities are: hiring and firing employees, managing a department of the company, supervising employees work, and leading the employees on day-to-day operations. Specific executive responsibilities are: over-seeing the management of the company, provide company policies each employee, setting goals for the company to meet, and ultimate decision-making.
Requirements for L-1A Visa
Both the petitioner (U.S. employer) and the beneficiary (foreign employee) must meet certain criteria to qualify for the L-1A visa. The beneficiary must be a current employee of the company and has been working for the company for at least one continuous year. As previously mentioned, the beneficiary must be in an executive or managerial position in the U.S. branch of the company. On the other hand, the employer must have a proven relationship with the other branch of the company. The petitioner must also prove that the company is conducting business in both the U.S. and one other country. In the case of an employee being transferred to establish a new company, there are some additional requirements that must be met. The petitioner must prove that they have established a physical space where the intended new office is meant to be. The petitioner must also show that the U.S. office will be able to support the beneficiary for up to a year.
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
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