L-1A Visa

The L-1A Visa allows a US employers to make a request for a foreign worker to come to the country to work locally. This classification also allows a foreign company that does not have offices in the United States to send an executive or manager to the country for possible investment.

The L-1A Visa was created with the purpose of bringing executives and/or managers, who have worked for a considerable period of time in an executive or managerial position for a company abroad, to invest in a new company in the US or to take an executive position in a local company that is already connected to a foreign entity.

What is the legalization process?

The legalization process and residence request of the L-1A Visa depends on the needs of the foreign worker or the local employer.

For qualified employees entering the US to establish a new company, they will initially have a residence permit of up to one year.

Other qualified employees will initially have a residence permit of maximum 3 years.

For all L-1A employees, if they apply for an extension of residence, they can be granted for up to two additional years. They can repeat this process until they have reached the maximum limit of seven years.

Companies that have been functioning in the US for at least one year and that are established “internationally”, which means “at least one other country,” may sponsor certain managers and executives for a Permanent Legal Residence (also known as “Green Card”).

Normally, an L-1 visa holder obtains a Green Card through this request.

Request L-1A Visa

The employer must demonstrate that the employee:

• Manage an organization, department, subdivision, function or component of the company abroad.
• Supervises and monitors the work of other employees.
• Manage an essential function, a department or subdivision of the organization.
• Have the authority to hire, fire or execute other actions with respect to personnel (such as promotions and authorizations for licenses).
• Directs the daily operations of a specific function.
• Only receives general supervision or direction from higher executive levels or shareholders of the organization.

Requirements for the employer

• The US company must prove that it has direct contact with a foreign entity, since the qualified worker must work with the local company before applying for the L-1A visa.
• The visa and residence petition will be granted only if the worker is considered to be an internal transfer from a single company.
• The local company must be up to date with taxes and any other applicable legal requirements.

Do you need help to apply for an L-1A Visa? If you have any questions about immigration or relating to a case you may have currently in Progress, then please don’t hesitate to contact us for a FREE Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-179