L-1 Guide
Intracompany transferee - executive or manager
L-1A New Office
For international corporations looking to build a new office in the United States, an L-1 visa can be obtained. A manager, executive, or employee with “specific knowledge” might come to the United States on behalf of the corporation to start a new office overseas, the new office must have been conducting business in the United States for less than a year through a parent, branch, affiliate, or subsidiary.
An L-1A visa for a new office can only be issued for one year and by the conclusion of that year, the US business must show that it can provide evidence of management or executive role to qualify for a visa extension.
General Requirements for L-1A New Office
When filing to create a new office in the United States, USCIS needs documentation that a physical location has been secured for the new U.S. office to conduct business. This criteria can be met by the following:
1. A leasing agreement that has been signed
2. Mortgages or documentation of acquisition of real estate
3. A business plan, marketing materials, or other business description that connects the firm to the requested space.
The L non-immigrant visa category is one of the essential instruments accessible to multinational businesses looking to hire competent foreign workers in the United States.
There are three sorts of transferees that can enter the United States with an L-1 visa: (1) A manager, executive, or employee with “specialized knowledge” may come to the United States to open a new office on behalf of the company abroad (2) Company executives or managers may obtain an L-1A visa to work for a foreign company in the United States, and (3) Employees with specialized knowledge could acquire an L-1B visa to transfer from the foreign corporation to a U.S. office, subsidiary, or affiliated company to perform temporary services.
Qualifications for L-1A
The sponsoring company must have a qualifying relationship with the foreign company and must be doing business as an employer in the United States now or in the future.
The foreign national employee must have worked for the qualified organization overseas for one continuous year in the previous three years and be seeking to enter the United States to deliver services in an executive or managerial capacity.
What Qualifies as an Executive Capacity?
The employee’s primary responsibilities within the organization are to direct the organization’s management or major component or function, establish its goals and policies, and exercise broad discretion in discretionary decision-making.
What Qualifies as a Managerial Capacity?
All components must be satisfied to qualify as a Manager for the L-1A Visa
- Manages the organization.
- Supervises and controls the work of other managerial employees, or manages an essential function within the organization.
- Has the authority to hire and fire as well as other personnel actions.
L-1A Visitation Period
Qualified personnel entering the United States to start a new office will be permitted to stay for a maximum of one year. All other qualifying employees will be permitted a three-year first stay. The L-1A visa allows for a maximum stay of seven years.
Blanket Petition
This is a technique that allows a significant corporation to pre-qualify for the transfer of its L-1 staff. Once the L-1 Blanket is authorized, the corporation may swiftly and efficiently move workers to the United States on L-1 visas without having to file a separate petition with the United States Citizenship and Immigration Services for each employee (USCIS).
A corporation may be eligible for an L-1 blanket if it fits one or more of the following criteria:
- Has at least 1,000 workers
- Has secured an L-1 visa for at least ten employees in the previous 12 months
- The aggregate annual revenues of the US corporation and linked US entities are at least $25 million.