L-1A Visa WHO'S ELIGIBLE?

The L-1A non-immigrant category is used by individuals who have been employed continuously abroad, in an executive or managerial capacity, for at least one out of the last three years by a parent, branch, affiliate, or subsidiary of a U.S. company preceding the application for admission to the U.S. This category is complex as there are multiple issues to consider, which include what constitutes a qualifying organization and who is considered an executive or manager.

IMMIGRATION REQUIREMENTS

Full-time employment in L status is not a requirement, as part-time employment may be acceptable. However, it is clear that this category is not available for self-employment.

The initial approval period for an L-1A visa is granted for a period of three years and may be renewed two times in increments of two years (different rules apply to new offices) for a total stay of seven (7) years. The dependents of the L-1A visa are eligible to come to the U.S. under the L-2 dependent visa. The spouses in L-2 status are eligible for work authorization in the United States as long as the L-1A maintains his/her visa status. Furthermore, the L-1A visa is an excellent vehicle to obtain U.S. permanent residence. Currently, most L-1A candidates are able to bypass the PERM process when applying for a green card. This can be an enormous time saver and is a real benefit to you and your family if you are one of the fortunate few able to obtain this visa category.

One thought to keep in mind for the L category is that Canadians do not need to obtain a visa to enter the U.S. in L status. In addition, the individual can bypass dealing with USCIS and they can simply present the L petition at a Class A port of entry or preclearance/preflight station and have same adjudicated. Again, if timing is tight, this can help save the employer and employee time in getting the applicant into the U.S. and working.

QUESTIONS

If you have any questions concerning this visa or require our assistance, please contact our office at info@szelaw.com


From Our Clients
“I wanted to thank all the people I worked with in your office . . . All in all it was a long route that started in 2005 with the L1. All the way it's been a pleasure to work with you. You have always been diligent and responsive and I really appreciated it. . .”
- J-D. Ruvini
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