USA

  • Home
  • Top Countries
  • USA

USA

L-1A Intercompany Transferee Executive or Manager

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the united states.this classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the united states with the purpose of establishing one

The following information describe some of the requirement of the L-1 nonimmigrant visa program.

General Qualification of The Employer and Employee

To qualify for L-1 classification in this category, the employer must: Have a qualifying relation with a foreign company in the united states and in at least one other company directly or through a qualifying organization for the duration of the beneficiary’s stay in the united states as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade. And abroad.

Means the regular, systematic and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the united states and abroad.

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the united states; and

Be seeking to enter the united state to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Generally refers to the employee’s ability to make decision of wide latitude without much oversight.
Generally refers to the ability of the employee to supervise and control the work of professional; employees and to manage the organization, or a department, subdivision ,function, or component of the organization. it may also refer to the employee’s ability to manage an essential function of the organization at a high level. without direct supervision of others. see section 101(a) (44) of the immigration and nationality act ,as amended and 8 CFR214.2(1)(1)(II) for complete definitions.

For foreign employers seeking to send an employee to the united states as an executive or manager to establish e new office ,the employer must also show that:

  • The employer has secured sufficient physical premises to house the new office;
  • The employment has been employment as an executive or manager for one continuous year in the three years preceding the filling of the petition: and
  • The intended U.S office will support an executive or managerial position within one year of the approval of the petition.
Qualified employees entering the united states to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-A employees, request for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

Certain organizations may establish the requirement relationship in advance of filling individual L-1 petitions by filing a blanket petition. eligibility for blanket L certification may be established if:

  • The petitioner and each of the qualifying organizations are engaged in commercial trade or services:
  • The petitioner has an office in the united stats which has been doing business for one year or more:
  • The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
  • The petitioner along with the other qualifying organization meet one of the following criteria.
  • Have obtained at at least 10L-1 approvals during the previous 12-months period;
  • Have U.S subsidiaries or affiliates with combined annual sales at least $25 million ;or
  • Have a U.S work force of at least 1,000 employees.

The approval of blanket L petition does not guaranteed that an employee will be granted L-A classification. it does ,however ,provided the employer with the flexibility to transfer eligibility employee to the united states quickly and wish short notice without having to fly an individual petition with USCIS.

WHERE AN l-1 visa is required

In most cases, once the blanket petition had been approved need only complete form,1129s, nonimmigrant petition based on blanket based L petition and send it to the employee along with a copy of the blanket petition based approval notice and other required evidence, so that the employee may present it to a consular officer in connection with application for an L-1 visa.