The L-1A Intracompany Transferee Visa classification was created for foreign businesses or companies (entity) to transfer executives and managers to an affiliate, branch, parent, or subsidiary company located in the United States. The L-1A is also available to open a “New Office” in the United States. Important facts about the L-1A classification include the following:
1. Small Business or Company Qualifies: A small business or company that has a qualifying relationship is eligible for L-1A transfers of executives and managers. Types of entities that are eligible for an L-1A include: unincorporated businesses, incorporated companies, for-profit companies, non-profit companies, charitable organizations, religious and church organizations, joint ventures, and proprietorships.
2. Unrelated Business Activities: There is NO requirement that the qualifying foreign entity and U.S. entity be engaged in the same type of business activity. In fact, the business activities of each entity can be completely opposite. The important factor for an L-1A approval is that the foreign and U.S. entities have a qualifying relationship.
3. Active & Operating Entities: Both the foreign and U.S. entities must remain active and operating during the entire period of the transfer in order to qualify for an L-1A.
4. No Minimum Number of U.S. Workers is required: There is no requisite number of U.S. workers that must be hired by qualifying L-1A entities.
5. Visa & Status Validity: The maximum validity of an L-1A Visa or Status issuance is 3 years per application or 1 year issuance for “New Offices.” L-1A transfers of executives and managers is limited to a 7 year maximum.
6. Spouses & Children: Spouses and children (under age 21) are entitled to obtain dependent L-1A visas and status. In addition, spouses are eligible to apply for an “Employment Authorization Document (EAD)” to work in the United States after obtaining L-1A status.
7. Green Card: An L-1A investment can lead to Lawful Permanent Residence (Green Card) in the United States. The Qualifying U.S. entity is eligible to sponsor the transferred executive or manager for Lawful Permanent Residence (Green Card) in the United States through the EB-1 employment based Immigrant Preference.
If you are interested in applying for an L-1A Visa or Status, please schedule a Consultation with Serianni Law to discuss the legal requirements and filing procedures. Also, Contact Us for free initial information and pricing.