Managing L-1A Visas For Business Leaders
Are you looking to transfer to the United States as an executive or manager within your company? As your “in-house” immigration counsel, Fok Immigration Law can assist you. Our firm has a heavy focus on L-1A visas. Our team has secured hundreds of such visas for clients around the world.
Our immigration lawyers understand the importance of securing an L-1A visa for your career and business growth. They have over 25 years of combined experience serving San Jose, San Mateo and Silicon Valley with immigration law needs. They treat you as if you were their only client, serving as your own personal, in-house counsel.
For attentive service with a flat-fee structure, call us at 408-212-7014 or send us an email.
What Managers And Executives Should Know
An L-1A visa is a nonimmigrant status and visa typically valid for three years, with two potential two-year extensions, for a maximum stay of seven years. With an L-1A visa nonimmigrant classification, a U.S. employer is allowed to transfer an executive or manager from an affiliated foreign office to one in the United States or to send such an employee to the U.S. to establish a new office.
Qualified employees coming to set up a new U.S. office are initially approved for a maximum initial stay of no more than one year. However, they are eligible to extend their visas up to seven years.
Why Choose Our San Jose Immigration Attorneys For Your L-1A Visa?
Hiring an immigration law attorney proactively is highly valuable. Our immigration lawyers are highly knowledgeable about the L-1A visa process and its many regulations. They know that this is not only a legal matter but also a crucial step for our client’s career and business. They also understand the stress and uncertainty that can accompany the visa process. If not handled correctly, it could jeopardize your professional goals. Our team works to ensure that everything is correct. With our deep understanding of immigration law, we are the right choice to guide you through this critical process.
Common Questions And Answers About L-1A Visas
Learn about the L-1A visa process with our detailed FAQs, crafted to assist executives and managers in their transition to the U.S
Who is eligible for an L-1 visa?
L-1A visas are available to executive and manager-level employees of international companies that have offices in the U.S. and abroad. With this type of visa, the managerial or executive employee can relocate to the company’s office in the U.S. They need to have worked continuously for at least one year within the three years prior to being admitted to the U.S. for the overseas company that shares a parent-subsidiary, branch or affiliate relationship with the U.S. company that is petitioning the L-1A visa case. Our immigration team can discuss eligibility with you.
Are there any special requirements for the company, or can any company qualify?
A company will qualify to sponsor L-1 visas if the U.S. branch and foreign branch are related in one or more of these four configurations:
- Parent company and subsidiary
- Branch office and headquarters
- Sister companies with a common parent company
- Affiliates with similar percentages of common ownership
The company must also already have employees in both the United States and one other country, except when a new U.S. branch is to be established.
Can foreign corporations use this visa if they are trying to establish a new office in the U.S.?
This type of visa can be used to create a new office in the United States. Companies must meet these conditions:
- The employer has physical premises for the new office.
- The sponsored employee has been in an executive or managerial position with the company for at least one of the three prior years.
- The proposed U.S. office site will support a position for an executive or manager within a year of the petition’s approval.
If you are trying to establish a U.S. office, our team has the practical experience to help you secure a new office L-1A approval.
Are there caveats regarding employees coming to the United States to establish a new office?
If a qualified employee enters the United States to establish a new office, their visa for that purpose will have a one-year time limit rather than three years.
Can employees who are coming to the United States to establish a new office extend their stays?
Yes. The rules regarding L-1A visa extensions are the same for everyone. Granting an extension may be in increments of an additional two years. However, in no case shall the time period of an L-1A visa exceed the maximum seven-year limit
Can a spouse or children accompany an L-1 worker to the United States?
Yes, legal spouses and unmarried children under the age of 21 may apply for and receive L-2 visas for the same time period as the L-1 employee.
Are spouses of L-1 workers eligible for gainful employment in the United States?
Yes, L spouses are considered employment authorized based on their valid L nonimmigrant status. Our employment immigration lawyers regularly help the spouses of foreign executives and managers with their visas.
What is a ‘blanket L petition?’ Does it automatically qualify the company to transfer L-1A employees?
A “blanket L petition” is a petition filed by an employer with the United States Citizenship and Immigration Services (USCIS). This petition is specifically for companies that frequently transfer L-1A and L-1B employees. These are intracompany transferees who work in managerial or executive roles or have specialized knowledge.
The main advantage of a blanket L petition is that it allows a company to have preapproval from USCIS to transfer a certain number of employees without having to file individual L-1 petitions for each employee. This can save the company a significant amount of time and paperwork.
However, you should note that having a blanket L petition does not automatically qualify a company to transfer L-1A employees. The employees themselves must also meet certain criteria:
- They must have been employed by the company outside the U.S. for at least one continuous year within the three years prior to their admission to the U.S.
- They must also be entering the U.S. to work in a managerial or executive role for the same employer’s U.S. branch, subsidiary or affiliate.
Moreover, to be eligible for blanket L certification, a company must:
- Be actively engaged in commercial trade or the provision of services across the parent and each qualifying entity.
- Maintain a U.S. office that has been operating for at least one year.
- Have a corporate group of three or more related entities (branches, subsidiaries, or affiliates) in the U.S. and abroad.
- Satisfy at least one of these thresholds: approvals in the past 12 months for 10 or more “L” managers, executives or specialized‑knowledge professionals; combined annual U.S. sales of at least $25 million among its subsidiaries or affiliates; or a U.S. workforce of 1,000 or more employees.
A blanket L approval streamlines the transfer process, but it does not guarantee every L‑1A transfer. Each employee must still independently meet the L‑1A eligibility criteria.
Schedule A Free Case Evaluation With An L-1A Visa Lawyer
At Fok Immigration Law, we know L-1 immigration law. We can help you seek a temporary employment visa and offer assessments for pathways to permanent employment visas. To schedule a free consultation with an L-1A visa lawyer in San Jose or San Mateo, please contact us. You can call 408-212-7014 or 650-546-7020 or send us an email to begin. We serve clients in the Bay Area and throughout California.