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who is eligible for l1a visa

by Mary Jacobs Published 2 years ago Updated 2 years ago
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L1A visa requirements
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.
Dec 8, 2020

Who qualifies for L1A visa?

Under U.S. immigration law, a worker qualifies for an L-1 visa if the person has been employed outside the U.S. by the sponsoring company for at least one continuous year out of the past three years, and is being transferred to the U.S. to work as a manager, executive, or specialized knowledge worker.

Is it easy 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.

Which visa is better L1A or L1B?

If you're a manager, executive, or business owner, an L1A visa can grant you a stay for as long as 7 years. If you're an employee with specialized skills and knowledge, an L1B visa grants you a stay for as long as 5 years.

Who can sponsor L1 visa?

There is no restriction on the types of business that can sponsor an L1 visa – corporations (S, C, etc.), LLCs, partnerships, government-owned entities, and non-profit, religious, or charitable organizations are all eligible. The sponsoring employer need not be U.S. owned or incorporated.

What is the minimum salary for L1A visa?

Taxes you pay in the US as H1B or L1 Visa holder For example, If you make about $60,000 USD per year in the USA, which is $5000 per month (Gross Salary). For instance, if you live in a state like Wisconsin, your take-home Net Salary would be $3,600 per month ( approximate).

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

Can spouse work on L1A?

The spouse of the holder of an L-1 visa may typically work. However, the spouse must first apply for work authorization. Application for Employment Authorization can be filed via Form I-765. If the work authorization is granted, the spouse does not typically face any restrictions on his or her place of employment.

How long is L1A visa valid?

An L-1 visa extension can be granted in two-year increments at a time up to the maximum duration for each visa category. The L-1A visa for managers and executives has a maximum period of stay of seven years while the L-1B visa for workers with specialized knowledge has one for five years.

How long does L1A visa take?

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.

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.

What is the difference between L-1 and L1A 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. The L-1B visa is for intracompany transferees who work in positions requiring specialized knowledge.

What are the benefits of l1 visa?

L-1 Visa Benefits for Foreign WorkersRelatively Low Requirements. ... No Job Offer Required. ... No Annual Limits. ... Period of Stay. ... Educational Requirements. ... Spouses and Dependents Can Work. ... Dual Intent. ... Blanket Petition.More items...

How long does it take to get an 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.

How many l1a visas are issued each year?

No Annual Limits On the other hand, there are no limits to how many L-1 visas are approved each year. This means that your petition will not be rejected due to the fact that there are no more available visas.

How long does it take to get an L1 visa for USA?

between 6 to 12 monthsStandard L-1 visa processing usually takes between 6 to 12 months. This includes processing of the I-129 petition, which can take up to six months, and consulate processing which can be expected to take up to six months or longer. If the employer is applying under a Blanket L, processing can be reduced to 1-3 weeks.

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

This entire process typically takes around eight months to a year. Once approved, the EB-1 permanent residence card takes around six months to be issued.

What is L1 A Visa?

L1A visa is a non-immigrant visa given to foreign nationals with a managerial or executive status, who wish to work in their company’s US branches....

What are the types of L1 Visas?

Foreign employees eligible for L1 visas will be granted either an L1A or L1B visa.The L1A visa is for managers and executives. The L1B visa is for...

Who is eligible for an L1A visa?

You have to be a manager or an executive in your company to be eligible to get an L1A visa to the US.It will also be given to those executives who...

What are the differences between an L1A visa and the L1B visa?

To know the differences between an L1A visa and the L1B visa check the table here.

What is the processing time for L1 Visa?

The L1A visa takes around 6 months of processing time. The time depends upon the embassy from which you are applying:If you pay a premium cost of $...

How to convert an L1A visa into a Green Card?

An L1A visa holder can apply under an EB-1C green card. This doesn’t require a PERM Labor Certification, and saves up to 8 months off of the proces...

Can I consider an L1 visa as an immigration visa?

No, the L1 visa is not basically an immigration visa.

Can I work part-time for other employers on an L-1 visa if I have specialized knowledge regarding an...

No, you cannot work part-time for any other employers than the one you came to work for, with an L1 visa, even if you have specialized knowledge.

Who is considered as a manager?

An employee is considered to be in a managerial position if: He/she manages a specific part or component of an organization or company Oversees the...

Who is considered as an executive?

An employee is considered as an executive if he/she: Supports the management of the organization of a part of the company Sets goals and timelines...

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 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.

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.

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 required to get a L1A visa?

To qualify for the L1A individual visa, the employee must meet certain L1A visa requirements that define the executive or managerial role, and the petitioning US employer must include a complete list of duties and responsibilities of the role when submitting the petition.

What is an L1A visa?

The L1A visa is a nonimmigrant visa for foreign executives or managers being transferred to their companys US offices. The L1A individual visa is one of the L1 visa types for intracompany transferees and allows US employers to transfer foreign employees in executive or managerial positions to one of their affiliated offices in the US. The L-1 visa also allows employers to bring foreign employees to the US with the purpose of establishing a new US branch, subsidiary, or affiliate of their organization.

What is an L1A manager?

L-1A managers and executives are expected to be responsible in the organizing, planning, directing, and controlling of major functions in an organization and enforce these roles through other employees under their direction. The petitioning company may apply for L1A visa for a foreign employee if able to prove that the employee is entering the US.

How long do you have to work to get a L1A visa?

Employee should have been working for the organization abroad for at least one continuous year within the 3 years before entering the US; and. Employee is entering the US to work in a managerial or executive capacity (as described above) for a branch of the same organization or employer.

How long can an L-1A stay in the US?

Employees issued an L-1A visa may stay in the US for a maximum 7 years. L-1A visa holders transferred to establish a new office are allowed a maximum initial stay of one year, and all others are allowed a maximum initial stay of 3 years.

Can a petitioning company apply for a L1A visa?

The petitioning company may apply for L1A visa for a foreign employee if able to prove that the employee is entering the US. to serve in executive or managerial capacity.

Who is involved in the L1A visa application process?

To apply for an L-1A visa, both the employer and employee are involved. Generally, the L1A application process follows the below steps.

Who qualifies for L-1A?

An employee who is considered a manager or an executive of a company qualifies for an L-1A visa.

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.

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 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.

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 an L1A Visa?

L1A visa is a non-immigrant visa given to foreign nationals with a managerial or executive status, who wish to work in their company’s US branches.

What are the types of L1 Visas?

Foreign employees eligible for L1 visas will be granted either an L1A or L1B visa.

What is the Processing Time for L1A Visa?

The L1A visa takes around 6 months of processing time. The time depends upon the embassy from which you are applying:

How long is a non-immigrant L1A visa good for?

This nonimmigrant worker L1A visa is granted for a period of 1 year for new, start-up companies and 3 years for existing companies. L1A employees may be granted L1A visa extensions of 2 year increments for up to 7 years.

Can dependents get L2 visas?

Your dependents will be given L2 visas if you have an L1 visa. Their visas will be valid as long as the primary applicants’ L1 visas are valid.

Can my spouse file for an EAD?

Yes, your spouse can petition for an EAD (Employment Authorization Document) by submitting the I-765 form. If the authorities approve his/her EAD, then he/she can have work visas and work in the US. There will not be any restrictions on their working hours or wages.

Is it easier to get a L1 visa?

Not really. If you have the required profile then an L1 visa issuance is easier than getting other US work visas.

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 many L-1 visas are approved each year?

On the other hand, there are no limits to how many L-1 visas are approved each year. This means that your petition will not be rejected due to the fact that there are no more available visas.

How many employees can you have on an L-1?

revenue of at least $25 million or have a minimum of 1,000 employees working in the U.S. An L-1 blanket petition allows employers to file a single petition for multiple employees, ...

How long do you have to work for a multinational company?

If you are not currently employed with a multinational company that is large enough to have or plant an office in the U.S., then this could be a very difficult hurdle to surpass. This is especially true since you must work at that company for one full year in the three years that precede your entry into the U.S.

How long does it take to get an extension for an L-1 visa?

However, unfortunately, L-1 holders are only granted one extension after their initial three years. After that, they must either transfer their status or apply for a new L-1 visa.

How long can you work on an L-1A?

Even though the L-1A allows for holders to work for up to seven years, this limit cannot be exceeded for any reason. For other visas, such as the H-1B or J-1, an extension can be acquired past the usual maximum. There are even some visas like the O-1 and E-2 that allow for unlimited extensions.

What is the most difficult part of obtaining an H-1B visa?

One of the most difficult aspects of acquiring an H-1B, J-1, or TN visa is finding an entity that is willing to sponsor you for the visa. If you are a qualified L-1 applicant, then you are already employed with a U.S. company that will sponsor you.

Is L-1 visa easy to obtain?

Even though the L-1 can be relatively easy to obtain, those same advantages can be considered disadvantages if you are not already employed.

Where to apply for L2 visa?

To apply for an L2 visa for spouse and children of L1 visa holders, the visa applicants must submit an application at the US Consulate or Embassy in their country together with the L2 visa required documents.

How long is an L2 visa?

In addition, the L2 visa duration for the initial period of stay depends on the whether the principal L1 visa employee is coming to the United States to establish a new office or to join a pre-existing US office. In the case of establishing a new US office, the initial L2 visa duration is 1 year and for joining a pre-exiting office the initial L2 visa duration is 3 years with the option to extents until the maximum period allowed discussed above.

How to get an EAD card for a spouse?

In order to obtain the EAD, the spouse must file an application for work authorization with the USCIS and submit the required documents with the application. If the L2 visa spouse does not have a social security number (SSN) at the time he or she files for the EAD card, then the spouse can request a SSN in the application for the EAD.

What is the last step to take for L2 visa?

The last step is to attend the L2 visa interview, where you will be asked a series of question regarding your personal life, including your relationship with the L1 visa holder, and other general and personal questions.

How long does it take for USCIS to approve an EAD?

Take into account that on average it takes about 3 months for USCIS to approve and issue the EAD, but the processing time varies based on workload and it can take less time (aprox. 1 month) or more time (aprox. 5 months).

Can a L1 visa holder have a spouse?

The L2 visa has many benefits for the spouse and children of L1 visa holder, including: Spouse and children can live in the USA. Spouse can work unrestrictedly in the USA – after spouse receives the EAD card, spouse can work full-time, part-time, be self-employed or a combination thereof. Children can attend public and private schools in ...

Can a spouse get an extension stamp for a L2 visa?

The L2 visa beneficiaries spouse and children can renew or obtain an extension stamping when the principal L1 visa holder does so.

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Establishing New Offices

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Foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office must show: 1. They have a physical location for the new office; 2. The employee has been employed as an executive or manager for one continuous year in the three years before filing the petition; and …
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L-1A Classification

  • 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. office to send an executive or manager to the United States with the purpose of establishing one. Your e…
See more on uscis.gov

to Qualify, You Must

  1. 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
  2. Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
See more on uscis.gov

L-1B 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. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowle…
See more on uscis.gov

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