how to get l1a visa

Here is a simple explanation of how to get an L1A visa:

• Step 1: Hire an Immigration Lawyer. The first step to getting an L1A visa is to hire an immigration lawyer. Your immigration lawyer will carefully ...
• Step 2: Gather Necessary Documents.
• Step 3: File Form I-129 and L Supplement.
• Step 4: Consular Processing.

Full Answer

What are the requirements for L1 visa?

To qualify for an L-1 Blanket Petition, the company must:

• have at least three offices, whether in the US or abroad;
• have an office that has been doing business in the US for at least one year;
• plus meet at least one of the following criteria: have filed at least ten successful L-1 petitions in the preceding twelve months; have minimum 1000 employees based in the US; ...

Can a L1 dependent work in the US?

Spouses and Dependents Can Work. If you are in the U.S. on L-1 status, you will be able to bring your spouse and children along with you through the L2 visa. Also, if they qualify for Employment Authorization Documents, they will be able to work in the U.S. as well. This is a great L-1 benefit because it allows your spouse and dependents to make supplementary income to help support the family if necessary.

Is L1 visa transferable?

The United States L1 visa is a non-immigrant visa which allows overseas companies to transfer employees under two types of L1 visa schemes.

How to get L1a visa?

To be eligible for the L1 Visa, the person applying has to fulfill the following criteria:

• Have employment in another country that is not the US for at least one year in the past three years.
• Have specialized knowledge, or have a managerial or executive position.
• Have a transfer offer to a managerial, executive, or specialized knowledge position in the US company.

More items...

How do you qualify for L1A?

To qualify for an L1A visa, you must be employed as either a senior manager or an executive and have worked for the non-US subsidiary, parent, affiliate or branch office of the US company for at least 12 months out of the three years immediately preceding the application.

Is it difficult to get L1A visa?

However, despite all of these benefits, the L-1 is not the easiest work visa to obtain. This is because the USCIS is becoming stricter with who qualifies as a manager, executive, or employee with specialized knowledge. The L-1A category is for managers and executives.

How long does it take to get L1A visa?

Generally, the average L1 visa application time can be between six months to a year, depending on the consulate or embassy the application is filed at and the quality and circumstances of the application. This is usually no difference in the processing times between the L1A and L1B classifications.

How much does an L1A visa cost?

How much does the US L1 Visa cost?FeeCostForm I-129 USCIS L-1 visa filing fee$460Fraud prevention and detection fee$500DS-160 form MRV filing fee$190Premium processing fee (optional)$2,5001 more row

Is L1A or H1B better?

H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.

How long L1A can stay in USA?

seven yearsPeriod of Stay For the L-1A visa, holders will be granted an initial three years of stay in the U.S. They can then extend their stay to a maximum of seven years, this surpasses the H-1B's maximum of six years and the J-1's maximum of five years.

What is the rejection rate of l1a visa?

In Trump's first year as US President, the rejection rate rose to 26.9% in FY 2017, rising to 28% in FY 2018, surging to 34.4% in FY 2019 before falling slightly to 33% in 2020, according to the NFAP analysis.

Does L1 visa have lottery?

The L1 visa and H1B visa also both qualify for US visa priority processing. However, because of the quota there is very limited availability of H1B visas. There is usually a lottery in April for available H1B visas to start in October in the same year.

Can I change jobs on l1a visa?

Can I transfer or change jobs on an L-1 visa? Yes, you may transfer employment or change jobs but only to another location with the same company, or to another affiliated company in the United States. You must notify the U.S. Citizenship and Immigration Services (USCIS) of any significant changes in your employment.

Why are L-1 visas getting rejected?

Salary standards. Another major reason an l1 visa is denied is when the wages proposed for the visa applicant are significantly more or less than the standards for that industry in the US. Employers should carefully assess the prevailing wages based on industry and state-specific location.

Can I apply for a green card with an L-1 visa?

In order to go from an L-1 visa to a green card, you must apply for and get approved for any one of these immigrant visa classifications. Specifically, you'll need to get approved for an immigrant petition with the USCIS through Forms I-130 or I-140 and adjust status by filing a Form I-485.

What documents do I need for L-1 visa?

L1 visa employee petition supporting documentsThe visa interview appointment letter.The DS-160 visa application confirmation page.Copy of Form DS-160 and L supplement.The DS-160 visa application fee receipt.A valid passport with at least six months left prior to its expiry.Any old passports held by you.More items...

What is the rejection rate of L1A visa?

In Trump's first year as US President, the rejection rate rose to 26.9% in FY 2017, rising to 28% in FY 2018, surging to 34.4% in FY 2019 before falling slightly to 33% in 2020, according to the NFAP analysis.

Is L-1 visa interview difficult?

To gain entry to the United States on an L1 Visa, you must crack the visa interview first. It's not an easy task if you are not well prepared. To have a better chance of success, you must devote time to research the most common questions asked during the interview process.

What are the chances of getting L-1 visa?

The approval rate for L-1 visas has been on the decline (see graphic). In fiscal 2015 (12-month period ended September 30, 2015), as many as 33,454 L-1 visas were approved with a success rate of 84%. The approval rate declined to 72% in fiscal 2019 with only 29,335 approvals being granted.

How many L-1 visas are issued each year?

It has declined since then, and in 2019, 76,988 visas were issued under the L‑1 visa classification. [15] Last year, about 14,000 spouses of L‑1 workers also received authorization to work in the United States. [16] Through half of FY 2020, there were 35,228 L‑1 visas issued.

How to apply for work authorization for L-1 spouse?

Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.

What is L-1A nonimmigrant?

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with ...

How long do you have to work abroad to qualify for a job?

To qualify, the named employee must also: Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and. Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch ...

Can an L-1 be an employer?

Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

What is an L-1A visa?

The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.

What is the classification of L-1A?

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S.

What is L-1B nonimmigrant classification?

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.

How long do you have to work abroad to get into the US?

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and

What is an L1A visa?

The L1A visa was designed to allow certain foreign workers to transfer to the United States and to work as either a manager or executive.

What is the next step to file for a L1 visa?

The next step is to file your Form I-129 as well as the L supplement. The Form I-129 is also called the Petition for Non-Immigrant Worker. This is the form that must be filed and approved to get your L1 visa.

What is the difference between L1A and L1B?

Within the L1 visa, there are 2 separate classifications, the L1A visa and the L1B visa. The L1A visa is for foreign workers who will be working in the United States as either a manager or executive. The L1B visa is for foreign workers who will be working in the United States as a specialized knowledge worker.

How long can a foreigner work in the US with a L1A visa?

With an L1A visa the foreign worker can work in the US for up to 7 years.

How long does it take to get an L1 visa?

At the interview, the immigration officer may ask you various questions about your L1A visa application. Upon approval, an L1 visa should be affixed to your passport within roughly 1 week.

How long do you have to be employed to file for L1A?

The L1A visa beneficiary must have continuously been employed by the foreign company, full-time, for at least 1 year within the previous 3 years prior to filing the L1 A petition .

What is the qualification for L1A?

To qualify for an L1A visa, the beneficiary must be coming to the USA to work as either a manager or executive.

What are the requirements for an L1A visa?

The L1A visa is for managers and executives. Additionally, you must have been working for the company for at least one out of the three years prior to the transfer (in a managerial or executive role). To qualify, you cannot be a low level manager. The L1A visa requires evidence of managerial duties that meet a certain bar, such as:

What is an L1 visa?

The L1 visa allows companies to transfer employees to their branches, subsidiaries or affiliates in the U.S. This means the L1 visa only works for companies that have existing offices out of the U.S. from where they can transfer an employee to a U.S. branch.

How long is a L1A visa valid?

For foreign companies establishing a new office in the U.S., the initial L1A will be valid for one year. L1A visas allow a maximum stay of up to 7 years in the U.S.

How long does it take to get a green card with an L1A visa?

if you eventually want to apply for a green card. L1A visa holders can apply for green cards in the EB1 category and often obtain green cards within a year or two. As of recently, the EB1 category has retrogressed (meaning there are backlogs) across all countries, so the timeline is longer at this time (3 years or so). With an L1B visa, the green card process is typically much longer.

How long does it take to get an EAD?

Current estimates are anywhere between three and over six months. For this reason, it’s best to apply for an EAD as soon as you can.

Can you be a low level manager on a L1A visa?

To qualify, you cannot be a low level manager. The L1A visa requires evidence of managerial duties that meet a certain bar, such as: Supervising and controlling the work of professional employees. Managing a department, function, or subdivision of the organization.

Can a spouse work on a L2 visa?

Spouses and children under 21 can come to the U.S. on a dependent visa called the L2 visa. L2 visa holders are eligible to apply for an Employment Authorization Document and work in the U.S. Once approved, you receive an EAD card that valid for 2 years and can be renewed. This is one of the biggest advantages of the L1A (also L1B) visa over the H1B visa, which does not allow spouses on dependent visas to work (unless the H1B visa holder has applied for a green card and reached a certain stage in the process).

What is an L-1A visa?

An L-1A visa is a visa for non-immigrant foreign executives or managers who are being transferred to their company's U.S. offices.

How long do you have to work to get an L-1 visa?

It's also required that the employee has worked for that employer for at least one year in the last three years before they're eligible for an L-1 visa. The L-1 visa holder must work for the employer who petitioned for the L-1 visa the entire time they remain in the U.S. on L-1 visa status.

Who Can Receive an L-1A?

To receive an L-1A visa, the employee must fit into either the role of executive or manager. The definitions of who is considered an executive and a manager are very strict. A manager and executive must plan, organize, direct, and control the major functions of a business and work through other employees to achieve the goals of the organization.

When Is an L-1A Not an Option?

An employee visiting the U.S. for a conference, to attend meetings, or participate in training isn't eligible for an L -1 visa. L-1 visas are for individuals involved in regular and systematic work with a company in the U.S.

How long does an L-1 visa last?

If the L-1 is granted to an employee who will establish the company in the U.S., the visa will be for only one year.

What is the difference between L-1A and L-1B?

The major difference between an L-1A visa and an L-1B visa is that different types of employees are eligible for them. The L-1A is for executives and managers. The L-1B is for employees with specialized knowledge.

What is the benefit of L-1 visa?

A multinational company will be highly benefitted by the L-1 visa program. The L -1 visa program lets a multinational company bring in employees from around the world when establishing an office. It allows for the movement of employees from office to office and country to country to make sure the employees understand how the different locations work.

What is an L1 visa?

The L1 visa is a great way for foreign workers to live and work in the United States. With an L1 visa, you can transfer from a foreign company to a related US company to work as a manager, executive, or specialized knowledge worker.

How long do you have to work for a foreign company to get a L1 visa?

The prospective L1 visa beneficiary must have worked continuously for the foreign company full-time for 1 year within the 3 years preceding the filing of the L1 visa petition.

What documents do I need to file an I-129?

Along with the Form I-129, your immigration lawyer will include all supporting documents such as your job offer to work for the US company, company financial statements, and the other documents specified above.

What happens if I get approved for I-129?

Once the I-129 is approved, you are granted L1 status.

What is an L1 visa?

An L1 visa is a dual intent visa that typically requires visa holders to apply for an employment-based green card. There are many categories of employment-based green cards based on job requirements set by the employer and the experience and qualifications of the alien. As an executive or manager of a multinational company, you will likely file an application in the EB1C category. The EB1 category, also known as E13, consists of priority workers. Some managers or executives transferred to the U.S. by multinational companies will qualify for this classification. However, there are strict definitions for what is considered a manager or executive.

What is the requirement for an I-140?

Another requirement when submitting Form I-140 is for the prospective employer in the U.S. has to be the same employer or an affiliate or subsidiary of the corporation or firm by which the alien is employed in their home country.

What is an EB1C petition?

However, the petition must be filed with certain documentation that proves that the employee is eligible for a green card. For workers who are already in the U.S., he or she must have already been employed outside the United States for a minimum of one year in the three years preceding arrival to the U.S. as a nonim migrant in a managerial or executive capacity.

What is the advantage of EB1C?

The major advantage of acquiring your green card through the EB1C category is that you can avoid the complex labor certification process. For most foreign nationals who would like their employers to sponsor them in the U.S., the Labor Certification from the Department of Labor is often the first step.

What forms do I need to get a green card?

This may consist of proof of your eligibility for a green card, evidence of any criminal convictions, Forms G325A, I-693, I-864, I-765, and I-131 , as well as two color photos taken within the last 30 days, your birth certificate with an English translation, a photocopy of the non-immigrant visa page in your passport, and a fee for the application and fingerprinting.

Can I adjust my status if I overstayed my visa?

You may not be eligible to adjust status (even if you are eligible for a green card) if you entered the U.S. without inspection, you overstayed a visa, or you are not the immediate relative of a U.S. citizen. In addition to Form I-485, you may need to attach other forms as evidence depending on your specific situation.

Can an immigrant apply for an adjustment of status?

To have “adjust status”, an immigrant must be eligible to apply for a green card and be eligible to do so while living in the United States. This means not going abroad for a consular interview. Immigrants must fit both criteria to be eligible for adjustment of status, which only a limited group of people are. ...

How much does it cost to get an L1 visa?

The standard L1 visa application fees are (as at time of writing): 1 Standard fee for filing an L1 petition is $460 2 Obligatory anti-fraud fee of $500 3 An additional fee of $4500 if the organization employs 50 or more workers in the US and half of its staff are working on an L1 visa status. 4 ACWIA Training and Education Fee: $750 for employers with a workforce of 25 or fewer. $1,500 for employers with a workforce of 26 or more. 5 DS-160 application fee (for consular processing only): $190 6 Premium processing fee of $2500

How long is a L1 visa good for?

The L1 visa is temporary. It will initially be granted for a maximum of 3 years. To remain it the US beyond this point would require a further petition to be made, where the same processing time will apply as with the initial application. Alternatively, premium processing offers faster adjudication.

How much does ACWIA cost?

ACWIA Training and Education Fee: $750 for employers with a workforce of 25 or fewer. $1,500 for employers with a workforce of 26 or more.

What determines the processing time of a consular application?

It is the caseload of the consular post that will largely determine the processing time, as well as the quality of the submission and supporting documents.

How long does it take to get an I-129 premium?

The L1 premium processing service is available for a fee where an expedited decision is needed. This official USCIS service reduces the six-month processing time of the initial I-129 petition to just 15 days. The fee for this service is $2500 and the employer must file a Form I-907, Request for Premium Processing Service, along with their Form I-129. The USCIS is obligated to process the application in the 15 calendar days or the fee will be refunded.

How long does it take to file an I-129?

First, the employer files form I-129 with USCIS on behalf of the employee. This should be filed at least 45 days before the commencement of US employment and must not be filed more than six months before employment begins. The time this takes to process depends on the service centre that manages it.

Is there an annual limit on L1 visas?

The L1 visa offers many benefits to employers. It is not subject to an annual limit on the number of visas that can be issue d this category, unlike the H-1B, and does not carry with it any educational requirements of the worker.

Establishing New Offices

L-1A Classification

to Qualify, You Must

See more on uscis.gov

L-1B Classification