L-1A Visa: Intracompany Transferee Executive or Manager (I-129)

The L-1A nonimmigrant classification allows a U.S. employer to relocate an executive or manager from one of its foreign offices to a U.S. office. It also permits a foreign company without a U.S. affiliate to send an executive or manager to establish one.

Duration

Qualified employees arriving in the United States to set up a new office can be granted an initial stay of up to one year. All other qualified employees may receive an initial stay of up to three years. For L-1A employees, extensions can be requested in increments of up to two additional years, until reaching a total maximum stay of seven years.

Requirements

 Qualifying Relationship: There must be a valid connection between the foreign company and the U.S. company.

Employment History: The employee must have worked full-time for the foreign company for at least one year within the last three years prior to filing the L-1 petition.

Role at Foreign Company: The employee’s position at the foreign company must be in a managerial, executive, or specialized knowledge capacity.

Role at U.S. Company: The employee’s work at the U.S. company must also be in a managerial, executive, or specialized knowledge role.

Family Members

The transferring employee may bring their spouse and unmarried children under 21 years old. These family members can apply for the L-2 nonimmigrant classification and will typically receive the same duration of stay as the employee.

The Process

To apply for an L-1 visa, the sponsoring employer must file Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.

Once the Form I-120 is approved, the applicant should complete the  Form DS-160 Online Nonimmigrant Visa Application on the Consular Electronic Application Center website. After filing Form DS-160, the applicant will need to pay the required visa application fee to the U.S. Embassy or consulate where the visa interview will be scheduled.

Benefits

The L-1 visa offers significant advantages for multinational companies and foreign workers, allowing key personnel to transfer to the U.S. without annual limits. It enables spouses of L-1 holders to work, supporting family finances. Furthermore, the L-1 visa can lead to permanent residency and is usually processed more quickly than other work visas, making it a valuable option for businesses expanding in the U.S.

Conclusion

The L-1 visa process can be quite intricate. Recently, USCIS has adopted a more stringent approach to L-1 petitions.

To maximize your chances of approval, it’s essential to seek guidance from an immigration attorney as early as possible. An experienced lawyer will guide you through every step of the application process, ensuring that you adhere to all requirements and present a compelling case. We will help you identify any potential issues and develop the most effective strategy for your specific situation. Having professional support can make a significant difference in navigating the complexities of the L-1 visa application.