L-1A Intra Company

The L-1A visa allows a U.S. employer to temporarily transfer an executive or manager from one of its affiliated foreign companies to the United States, or a foreign company to temporarily send an executive or manager to the United States to an existing or future affiliated company.

REQUIREMENTSL-1A Intra Company Manager or Executive Transfer

To qualify for an L-1A visa, there must be a:


QUALIFYING RELATIONSHIP

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate); and currently, or with plans for, doing any legal business as an employer in the United States and in at least one other country for the duration of the L1 visa holder’s temporary stay in the United States.


QUALIFYING COMPANY

Have been working for the qualifying company overseas for one continuous year within the three years immediately preceding admission to the United States.


QUALIFYING ORGANIZATION

Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
WHERE:
  • Doing business means the regular, systematic, and continuous provision of goods and/or services.
  • Executive capacity means the employee’s ability to make decisions without much oversight.
  • Managerial capacity means the ability of the employee to supervise the work of professional employees and to manage the organization, a subdivision, or a function of the organization.

ADDITIONALLY

For foreign employers seeking to establish a new office, the employer must also show that:


PREMISES

The employer has secured sufficient physical premises to house the new office.


TIME

The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition.


SUPPORT

The intended U.S. office will be able to support an executive or managerial position within one year of the approval of the petition.

PROCESS & TIMELINE

OVERVIEW

On average, it takes 4 – 12 weeks for Bay Immigration Law to prepare an L-1A case to file with United States Citizenship and Immigration Services, and some additional time to help prepare for the visa interview at a U.S. Embassy or Consulate abroad. Depending on the particulars of your situation, and on the requirements of the business (whether you are transferring the employee to an existing business or establishing a new one), in general, the process is as follows:

INTRODUCTION

We have an introductory phone call and go over your plans, requirements, and the documentation/information that will be necessary to proceed.

We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.

Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.

STEPS FOR SUCCESS

Depending on whether you are transferring an employee to an existing business or to start a new affiliate in the United States, we will take the necessary steps to ensure that you have or can provide the necessary documentation to establish the appropriate petitioner (your company) for the case.

CONTINUED COMMUNICATION

On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and evidence, to create a complete Packet.

ON COMPLETION

Once everything is complete, we finalize the packet and ship it to USCIS. We will also send a copy to you directly.

If you are attending a Consular Interview, we will walk you through the process of booking a Consular Interview, and will prepare you for the interview a week or two prior to the interview.

Contact

MAIN OFFICE
125 University Avenue, Suite 185, Palo Alto, CA, USA, 94301
E-MAIL
info@bayimmigrationlaw.com
TELEPHONE
+1 (650) 739-9111

FAQ

Can I become an employee for another company?

No, the L-1A visa ties your employment to the U.S. affiliate.

Can I start other businesses?

Yes, any person can start a business in the U.S., however, only persons with proper authorization to work in the U.S. can be employed by that business. When you receive your L-1A, you can only work for the business which was the basis for your L-1A.

Can I bring my spouse and children, and any other relatives?

The transferring employee may bring a spouse and any unmarried dependent children under the age of 21, upon approval of their L-2 visa application.

Can my spouse or children work as L-2 Dependents?

Spouses of L-1A workers now automatically have unrestricted work authorization ‘incident to status’ without needing to apply to USCIS for any employment authorization document. Proof of that work authorization will be placed in the spouse’s I-94 as “L2S”.

125 University, Suites 185 - 200, Palo Alto, CA 94301
info@bayimmigrationlaw.com

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