L1A & L1B VISA

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L1A & L1B Visa

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What Is The L1A Visa?

The L1A visa is a non immigrant visa for managers and executives of a multi-national corporation who need to come and work in the United States for their foreign national employer. This visa belongs to the petitioning employer. If the manager or executive should end their relationship with the petitioning employer, the visa would automatically terminate. The foreign national company must have a wholly owned subsidiary or branch of the company in the United States in order to petition for the manager or executive.

What Is The Process?

The L1A visa is an employer visa which means that the foreign national company must have a subsidiary or branch office in the United States. This will need to be created if it does not actually exist. Once the foreign national company and the U.S. based company relationship is established, a petition is filed (I-140) with the immigration department (USCIS) in the United States. There is an option for the application to be processed as priority (Premium Processing) which takes about 2-3 weeks. If the executive or manager employee is already in the United States on a valid visa status, we can change the status to L1A and they will not have to return to their home country. If the executive or manager employee is outside the United States, then they will need to go to the U.S. Consulate to obtain the L1A visa.

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What Are The Requirements For An L1A Visa?

l1a visa requirements Is A Proper Relationship Between The Parent Foreign National Company And The U.S. Based Company.

From The Foreign National Company:

The foreign national company must have been in business for at least one year and in good standing.
Company’s organizational chart.
Description of employee’s duties with the foreign national company.
Corporation documents.
Photos of company’s offices and/or work site.
Documents to show financial viability of the foreign national company.
Letter from the parent company introducing the company, its products/services and need to expand to the United States.

From The U.S. Company:

Corporation documents.
Company’s proposed organizational chart.
Description of the employee’s duties in the U.S. company.
Pictures of physical premises.
Business plan.
Letter from the parent company introducing the company, its products/services and need to expand to the United States.

Evidence Of The Corporate Relationship Between Foreign National Company And The U.S. Company:

Stock certificate showing the U.S. company is a wholly owned subsidiary of the foreign national company.
Proof of stock purchase - money transfer in the amount necessary to buy the interest in the U.S. company.
Official decision by the foreign national company regarding the establishment of the U.S. company.

The Second Requirement Is That The Employee Be A Manager And/Or Executive Of The Parent Company And Will Be Coming To The U.S. Company To Perform Similar Duties. The Employee Must Have Worked For The Parent Company For At Least One Year In The Last Three Years Prior To Filing The Petition.

Evidence of this usually include:

Labor contract, payroll records, tax documents showing the employee worked for the parent company for at least one year.
Job description of position held by employee in the parent company including details about travel, how many people he/she managed, examples of executive decisions.
Job description of position going to be held in the U.S. company.

3. The Employee Must Be Qualified To Accept The Position With The U.S. Company.

Evidence includes:

Resume or CV of the employee.
Diplomas, degrees, educational records.
Certification, awards and publications showing leadership in the industry.
Copy of their business card.
LinkedIn profile or other professional network profile.

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What Is The Visa Or I-94 Process Once My Petition Is Approved?

If the employee is in the United States on a valid visa status, then the I-94 changing their status to that of an L1A will be sent along with the approval notice. If the employee is outside the United States, then they will need to complete the DS-160 application online and interview for the L1A visa at the U.S. consulate. The U.S. consulate will do a background check on the company and the employee before issuing the visa. If the employee receives the I-94 with the approval notice of the L1A status and then needs to travel, then they will need to complete the DS-160 and get an L1A visa before they can return to the United States.

L1A & L1B Visa FAQ

What Is An L1B Visa?

The L1B visa is for employees with a special skill or unique knowledge who are not managers or executives of the parent company. The petition and visa process are exactly the same as for the L1A visa. The main difference is that there must be evidence to show the special skill or unique knowledge of the employee.

How Long Will I Be Able To Stay In The United States With An L1A Or L1B?

If the U.S. company is newly established, the first petition is usually approved for only one year for both L1A and L1B visas. At the end of the one year, a petition must be filed to extend the L1A or L1B status. For L1A visas, the extension will be approved for another three (3) years. Two extensions are allowed totaling seven (7) years. At the end of the seventh year, the employee must return to their home country to change their status in the United States. For L1B visas, the extension will be for three (3) years. Two extensions are allowed but L1B visa holders can only maintain this status for six (6) years total. If the U.S. company has been in operations for more than one year, the initial petition can be approved for up to three (3) years for both the L1A and L1B visas.

What Is Required To Extend The L Visa?

The most important thing in the extension application is that the U.S. company is aviable company and is doing business in the United States. In addition to the requirements already listed, for the extension, we will need to provide: Corporate U.S. tax returns

Personal U.S. tax returns for the employee
Corporate documents showing that the U.S. company is in good standing
Contracts or invoice showing continuing business conducted in the U.S.
Payroll records for the U.S. company
Bank account statements for the business
Website, marketing materials for the U.S. business

Can I Get My Green Card Or Lawful Permanent Resident Status With An L Visa?

Yes, both L1A and L1B visa holders can be petitioned by their U.S. company for a green card. The most important issue is whether the U.S. company can support the salary for the L1A or L1B visa employee. The salary is determined by U.S. Department of Labor and is based on the job description, the location of the employment and the industry. The L1B visa holder will require a Labor Certification from the U.S. Department of Labor stating that there are no U.S. workers who are qualified and willing to do the job. The L1A visa holder does not require a Labor Certification in order to apply for their green card.

What Are The Costs For An L Visa?

Attorney’s Fees will depend on the complexity of your situation. My fees are estimated as flat fees and will be due at the start of each stage of the process. Attorney’s fees include costs associated with the L1A petition except for government filing fees and business expenses.
Government Filing Fees (as of the date of the contract):

I-129 Petition for L1A – $460
Fraud Prevention & Detection Fee – $500 (one-time fee)
Premium Processing (Expedited Service) – $2,500 (optional)
Please note that government filing fees may increase at any time.