L-1A Visas: Transferring Executives and Managers to The United States
An L-1A visa is a nonimmigrant status and visa typically valid for three years, with 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 send such an employee to the U.S. to establish one. Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year instead of three years, but they are also eligible to extend their visas for the maximum seven year stay.
Common Questions And Answers About L-1A Visas
Who is eligible for an L-1 visa?
L-1A visas are available to executive and manger level employees of international companies that have offices both 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. if they have worked continuously for at least one year within the previous three years 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.
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 this type of visa be used if the foreign corporation is trying to establish a new office in the United States?
This type of visa can be used to create a new office in the United States if these conditions are met:
- The employer has a 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.
Are there any other 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.
Are employees who are coming to the United States to establish a new office allowed to extend their stays if necessary?
Yes, the rules regarding L-1A visa extensions are the same for everyone. Granting extension may be in increments amounting to 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 be granted 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.
What is a “blanket L petition” by a company and does that 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, which are intracompany transferees who work in managerial or executive roles, or have specialized knowledge, respectively.
The main advantage of a Blanket L petition is that it allows a company to have a pre-approval 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, it’s important to 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 coming to the U.S. to provide services in a managerial or executive capacity for a branch of the same employer or one of its qualifying organizations.
In addition, to qualify for Blanket L Certification, the company must meet the following requirements:
- The company and each of its qualifying entities are engaged in commercial trade or services;
- The company has an office in the United States that has been doing business for one year or more;
- The company has three or more domestic and foreign branches, subsidiaries, or affiliates; and
- The company and the other qualifying organizations have obtained approval of petitions for at least ten “L” managers, executives, or specialized knowledge professionals during the previous 12 months; or have US subsidiaries or affiliates with combined annual sales of at least $25 million; or have a U.S. workforce of at least 1,000 employees.
So, while a Blanket L petition provides a streamlined process for transferring employees, it doesn’t automatically qualify every L-1A employee for transfer. Each employee must still meet the individual eligibility requirements.
Schedule A Free Case Evaluation with Fok Immigration Law
At Fok Immigration Law, we know L-1 immigration law. Our team diligently guides foreign nationals through the visa process. We can help you secure a temporary employment visa and offer assessments for pathways to permanent employment visas. Call our San Jose office at 408-212-7014 or contact us online. We serve clients in the Bay Area and throughout California.
Note: The information above has been derived and summarized from a more extensive United States Citizenship and Immigration (USCIS) L1-A visa description.