Within our robust international economy, companies can create different branches and affiliations in other parts of the world. Given so, it might sometimes make sense to bring a particular set of skills to a United States office from overseas rather than leave the post vacant.
Whether it is a company in the U.S. or overseas, at times, the right worker for the job in the States is already on the payroll. Singh Ahluwalia Attorneys at Law understands that managerial or executive workers often have an insight into official business that takes time to learn. We will provide you with an L-1A visa lawyer who can help you navigate the immigration process to transfer the right expertise to a U.S.-based office.
Singh Ahluwalia Attorneys at Law provide a confidential and no-obligation case review to discuss the strategies for transferring a temporary foreign worker to a U.S.-based office or affiliate. Call (559) 878-4958 or contact us online to schedule your appointment today.
How a California L-1A Visa Attorney Will Assist in Transferring the Right Talent to the U.S.
U.S. Citizenship and Immigration Services allows a U.S. employer to transfer an employee who is a manager or in an executive position from a foreign branch or affiliate to a U.S. office under the L-1A visa program. Like the L-R1 nonimmigrant visa, the L-1A visa allows companies to seek talent and transfer employees to the U.S. to fit a role requiring specialized skill or knowledge at an affiliated office.
Equally, this visa program allows a foreign company to bring in a manager or executive employee to establish a branch or affiliate office in the States.
L-1A visa lawyers understand that the immigration process for employees can become one that is quite convoluted and full of risks for complications. It is strongly recommended that employers work with an expert legal team to help them through this process to reduce the possibility of delays.
We help you prepare for all steps of the process, maximizing your chances of visa approval and helping you achieve your objectives in the U.S. with minimal delays or complications.
Qualifying for the L-1A Visa Program
Businesses seeking to transfer employees to work from the U.S. must ensure they meet all requirements to qualify for an L-1A visa. Additionally, employers must meet specific qualifications before they are considered fit to transfer foreign talent to their U.S.-based office.
Any foreign company in operation for less than one year is considered a new office by the U.S. Citizenship and Immigration Services. Consequently, any additional rules and regulations placed for businesses identified as new offices will also apply to its applicants.
Failure to meet these qualifications can lead to a rejection of a visa.
Employer Qualifications
General qualifications primarily affect all visas within the L-1 visa category. The L-1A visa is no different, and the employer must:
- Have a qualifying relationship with a non-American company. These can be a parent company, branch, or affiliate, to name a few.
- Plan to or be present as a business and Employer in the United States and at least one foreign country. This business must be directly or through a qualifying organization for the employee’s stay in the United States as an L-1A.
- Be able to prove that the business is viable during the length of stay of its employee.
Note that the employer is not required to be engaged in international trade.
Employee Qualifications
Like the requirements for an employer, employees applying for an L-1A visa must also meet a certain criteria. They must be employed for at least one full year. To enter the United States, they must also be employed in a managerial or executive role.
Creating a Blanket Petition
If a company creates a blanket petition to support multiple employees under an L-1 visa status, it must follow a specific set of requirements different from the normal process.
However, before a company chooses the blanket petition route, the company must understand that blanket petitions are not granted to all. Companies must meet specific requirements:
- An applying organization must have an office in the United States and must be in operation for at least one year
- Must be engaged in commercial trades or services
- The applying organization must have three or more existing domestic and foreign business branches. These can also be subsidiaries and affiliates.
Additionally, companies need to meet the above and also meet one of the three criteria:
- Have a workforce of at least 1,000 workers.
- Have received no less than 10 L-1 approvals in the last 12 months.
- Have subsidiaries or affiliates with no less than $25 million combined annual sales.
Establishing New Office Grounds
While approved companies can bring foreign workers to a current branch, they may also bring an employee to establish a branch in the U.S. Employers must make sure that:
- Secure sufficient physical premises to house the new office to be established
- The employee to be transferred must have been in an executive or manager role for one continuous year or more in the three years before going through the application process.
- The U.S.-based office will require and support an executive or managerial employee within one year of the approval of the visa application.
How Long Can an Employee Stay on an L-1A Visa?
The term of an L-1A visa differs if the applicant is establishing a new affiliate office or if they will work for an existing office or affiliate. The maximum time an employee with an L-1A visa can stay in the U.S. to establish a new office is one year. However, if the applicant is coming to a pre-existing office, they may remain in the U.S. for up to, but no more than, three years from initial approval.
Filing for an L-1A Nonimmigrant Visa Extension
Requests for an extension may be granted for an L-1A visa holder, allowing for an additional two years until the visa holder maximizes their stay at five years. After five years, there is no other option to file an extension without applying or changing to another visa status program.
What About an Applicant’s Immediate Family? Can They Come to Live With Them?
Similar to the visa programs, immediate families are welcome to accompany the applicant while they are in the U.S. so long as they have legal visa status. Spouses and children under 21 with an approved and valid L-2 visa status can accompany an L-1A visa holder while in the United States.
The immediate family member’s visa status will be tied to the validity period of the L-1A visa holder. When one terminates or expires, so will all paired L-2 visas.
L-2 visa status does permit recipients to work in the U.S. so long as they have completed a Form I-94 that accompanies their visa, among other required documents, including:
- A notice from the U.S. Citizenship and Immigration Services
- Active L-2 visa status
- Expired Employment Authorization Document Extension (EAD) and additional relevant documentation
- Any automatic extensions as dictated on their existing Form I-766
Some spouses will qualify for automatic work authorization for up to 180 days. Since renewals take time, many work with their companies and a California L-1A visa lawyer to assist through this process.
Establish New Roots in the U.S.A. With Help From a California L-1A Visa Attorney
The L-1A nonimmigrant visa program allows many companies to bring executive and managerial workers to the American workforce. Working with a California L-1A visa attorney will help answer any questions, prepare and submit documents on time, and, most importantly, determine whether this visa program fits your business purposes best.
Singh Ahluwalia Attorneys at Law have years of combined experience helping applicants through the L-1A visa process. Call (559) 878-4958 or contact us online today for a no-obligation consultation over the phone or in person at our local office.
