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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
NON IMMIGRANT TEMPORARY VISA
EMPLOYMENT AUTHORIZED:
L-1A - Intra-Company
Transferee - Managers/Executives
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| What
is an L-1A Visa?
The
L-1A visa is designed for executives
and managers of multinational
companies to enter the U.S. to work
temporarily in executive or managerial
capacities for branch offices,
affiliates, subsidiaries or parent
companies of the foreign entities. |
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Criteria
for the L-1A Visa.
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| 1. |
The
U.S. and foreign entities must
have a qualifying relationship,
either as a branch office,
subsidiary, affiliate or parent
company. |
| 2. |
The
foreign individual must have
been employed abroad
continuously by the foreign
entity in a managerial or
executive capacity for one year
within the three years
immediately preceding the
petition. |
| 3. |
A
managerial position is defined
as one in which the employee
primarily: manages
an organization, department,
subdivision or function;
supervises and controls the work
of other supervisory,
professional or managerial
employees or manages an
"essential function";
has the authority to make
personnel decisions or to
function at a "senior
level"; and, has discretion
over the day-to-day working of
the business or function for
which he/she has authority. |
| 4. |
An
executive position is defined as
one in which the employee:
manages an organization or a
major component/function of that
organization; has the authority
to establish goals and policies;
has wide latitude in
discretionary decision-making;
and is supervised only by
higher-ranking executives, the
board of director or
stockholders of the company. |
| 5. |
The
U.S. business and foreign
entities must be engaged in
regular, systematic and
continuous provision of goods
and/or services.
The U.S. entity is
considered a new business if it
has been doing business for less
than one year in the U.S. at the
time the L-1A petition is filed. |
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how long is the L-1A valid?
The
L-1A visa is initially approved for
three years. However, for an entity
that has been doing business for less
than one year in the U.S., the L-1A
will initially be approved for only
one year. Extensions of the L-1A visa
are available in increments of two
years, up to a total of seven years.
A foreign individual who has
been in L-1A and/or H-1B status for a
period of seven years may not be
readmitted in L-1A status until he or
she has resided outside the U.S. for
one year. |
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| Who
may accompany an L-1A visa holder?
The
spouse or unmarried minor children
(under 21 years of age) of the L-1A
visa holder may enter the United
States in L-2 status as dependents.
L-2 spouses may apply for
employment authorization to be
employed in the U.S. |
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| How
may I obtain an L-1A Visa?
The
L-1A petition must be filed at an INS
Service Center that has jurisdiction
over the employer. If the employee is
in the United States and eligible to
change nonimmigrant status, the INS
will issue an approval notice with a
new I-94 card. If the employee is
unable to change status in the U.S. or
is not present in the U.S., he must
apply for an L-1A visa at a U.S.
consulate abroad. |
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| L-Blanket
Petition.
Large
U.S. entities may be eligible to file
blanket L-1 petitions which grant
continuing approval of L-1 visas for
itself and its foreign affiliates,
subsidiaries, and branch offices. The
following criteria must be met:
| 1. |
The
petitioner and qualifying
foreign entities must be engaged
in commercial trade or services. |
| 2. |
The
petitioner must have an office
in the United States that has
been doing business for one year
or more. |
| 3. |
The
petitioner must have three or
more domestic and foreign
branches, subsidiaries, or
affiliates. |
| 4. |
The
petitioner and related
qualifying organizations must
meet one of the following: 1)
have obtained approval of ten
L-1 petitions during the
previous twelve months; 2) have
U.S. subsidiaries or affiliates
with combined annual sales of at
least $25 million; or 3) have a
U.S. work force of at least
1,000 employees. |
To
request a consultation regarding an
H-1B visa, please contact our office here. |
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