The L-1A visa is a nonimmigrant visa used to enter the United States by employees of international companies that have offices in both the United States and overseas.
Benefits of an L-1A Visa
An L-1A is used primarily by executives and managers of those companies. This visa also permits a company that does not yet have an office in the United States to establish one by sending an executive or manager to the United States to establish it.
If you are interested in obtaining an L-1A visa for yourself or for a member of your company, contact Tucker, Nong and Associates today. Our experienced L-1A visa attorneys can make sure the filing process moves quickly. Don’t slow your business down, let us help you file immediately.
Who are managers and executives?
Pursuant to Section 101(a)(44) of the Immigration and Nationality Act, a person employed in an executive capacity is generally an employee who has the authority to make wide ranging decisions either independently or with little direction. One who is employed in a managerial capacity is permitted to supervise and control employees in a component of the business organization. This employee might also be permitted to manage a function of the business organization. Employees whose job descriptions involve duties necessary to manufacture or produce goods or services of a company are not deemed executives or managers, but rather staff personnel or specialists. Mere title doesn’t give an employee executive or managerial authority. Actual executive or managerial duties must be performed.
Types of L-1 visas
There are two types of L-1 visas:
- The L-1A visa is applicable to executives and managers and can extend seven years in duration.
- The L-1B visa is for employees who are specialists and can extend to five years. Upon expiration of the visa, the employee must work overseas again for the same company, or its parent, subsidy or affiliate. For more information on the L-1B visa, please visit:
L-1B Visa and Status
Blanket Visa Options
For purposes of convenience and expediency, the L-1 can also extend to a blanket visa. This occurs when a company transfers a large number of employees to the United States. With the blanket, there is no need for the employer to file a separate petition for each individual employee. Qualifying for L-1A blanket visas status is quite cumbersome though. The blanket L1-A is also good for seven years.
Families of L-1A Visa Holders
The lawful spouse of the L-1A transferee, and their unmarried minor children are permitted to accompany or follow them to the United States upon issuance of their L2 visas. It is a dependent visa and remains valid as long as the L-1A visa remains valid. The L-2 visa spouse is permitted to work in the United States upon filing and approval of appropriate documents. Approval allows unlimited scope of employment. They are also permitted to study in the United States, either part-time or full-time. Some L-1A transferees seek to bring their parents to the United States as transferees, however, they are not considered dependents as contemplated by the L-1A visa criteria.
Adjustment of Status from L-1A Visa
Technically, the L-1A visa is an employment based nonimmigrant visa, but it can also serve a dual purpose. The L-1A visa holder and their dependents can petition for adjustment of status to permanent residency because of the existence of the EB-1C visa category. This is a preference category and contemplates L-1A executives and managers that wish to become lawful permanent residents of the United States.
EB-1 Preference Category
This preference is reserved for those with outstanding abilities and accomplishments. This category offers 40,000 visas annually. Being in the United States on a L-1A visa strengthens the EB-1C petition. It precludes the necessity of labor certification which in and of itself is a time consuming and costly endeavor. The application for adjustment of status to permanent residency can be filed at the same time as the petition for the EB-1C visa.
To learn more about Adjustment of Status & EB-1 Visas, please visit:
Adjustment of Status
EB-1 Visa and Status
The L-1A visa operates to benefit the employer, the executive or manager and the United States. Highly skilled and talented executives, managers and their families enter the country through L-1A and L-2 visas and are instantly transformed into responsible and contributing members of American society.
How we can help you
An L-1A visa is a great option for executives or managers of international companies. It is important to remember that applying for an L-1A visa is a complicated process and has significant room for error.
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