L-1A VISA
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The L-1A visa presents an enticing opportunity for managers and executives seeking to
advance their careers in the United States.
For individuals employed by multinational companies, this visa offers a pathway to transfer to a U.S. branch or affiliate, allowing them to oversee operations and spearhead strategic initiatives firsthand. The beneficiary of the visa may bring eligible dependents and the potential to pursue permanent residency. The L-1A visa appeals to professionals aspiring to establish roots in the U.S. while leveraging their expertise to contribute to the growth and success of their company's American ventures.
Step-by-Step Guide to the L-1A Visa Application Process:
1. Determine Eligibility
• Ensure that the individual meets the eligibility criteria for the L-1A visa, including being employed by a multinational company in a managerial or executive role and having a qualifying relationship with a U.S. entity.
2. Gather Required Documents:
Obtain necessary documentation, including:
• Completed Form I-129, Petition for a Nonimmigrant Worker, filed by the U.S. employer.
• Evidence demonstrating the individual qualifying relationship with the foreign company in a managerial or executive role.
• Detailed job description outlining your responsibilities and qualifications of the foreign work and future work in the U.S.
• Proof of your employment history and qualifications.
• Corporate documentation for both the foreign and U.S. entities, such as articles of incorporation, financial statements, and organizational charts.
3. Submit Petition to USCIS:
• The U.S. employer submits Form I-129 along with supporting documents to the United States Citizenship and Immigration Services (USCIS) for petition approval.
4. Receive Approval Notice
• Upon approval, the U.S. employer receives Form I-797, Notice of Action, indicating USCIS approval of the petition.
5. Schedule Visa Interview
• Once the petition is approved, it can be scheduled a visa interview at the U.S. consulate or embassy in the home country.
6. Complete DS-160 Form
• Fill out Form DS-160, Online Nonimmigrant Visa Application, providing accurate and truthful information about the background and purpose of travel.
7. Pay Visa Application Fee
• Pay the non-refundable visa application fee, as required by the U.S. Department of State.
8. Attend Visa Interview
• Attend the scheduled visa interview at the U.S. consulate or embassy, bringing all required documents, including:
• Valid passport.
• Form DS-160 confirmation page.
• Visa application fee receipt.
• Form I-129 approval notice (Form I-797).
Supporting documentation demonstrating eligibility for the L-1A visa.
9. Biometrics Appointment (if applicable)
• Some applicants may be required to attend a biometrics appointment to provide fingerprints and photographs.
10. Receive Visa Decision
• After the interview, the individual will be notified of the visa decision. If approved, the passport will be returned with the L-1A visa stamped inside.
11. Travel to the U.S.
• Once the visa is issued, the individual can travel to the United States and begin working for the U.S. employer in the managerial or executive capacity.
12. Apply for Admission at Port of Entry
• Present the passport with the L-1A visa at the port of entry, where a Customs and Border Protection officer will determine the admissibility to the U.S.
Advantages: The L-1A visa offers several advantages, such as:
• Flexibility to transfer to a U.S. branch or affiliate of the current employer.
• Ability to bring dependents (spouse and unmarried children under 21) to the U.S. on L-2 visas.
• Opportunity to apply for permanent residency (Green Card) through the EB-1C immigrant visa category.
Disadvantages: While the L-1A visa presents numerous benefits, it also has limitations, including:
• Strict eligibility criteria based on managerial or executive roles.
• Initial validity period limited to up to three years, with extensions possible.
Top Five Frequently Asked Questions
Maybe. However, keep in mind that the L-1A visa is specifically designed for managers and executives transferring to a U.S. branch of a multinational company.
For new companies, if approved the beneficiary will be authorized to stay one year, with the possibility of extensions. For established companies, if approved the L-1A visa holder will be able to stay for up to three years, with the possibility of extensions. Both scenarios for a maximum total of seven years.
Yes, spouses of L-1A visa holders may legally work in the U.S.
Yes, L-1A visa holders may be eligible to apply for a Green Card through the EB-1C immigrant visa category, provided they meet certain criteria.
No, E-2 visa holders are only authorized to work for the business in which they made their investment.
Visa Fees and/or Department of Homeland Security Fees:
Cost of Work/Business Consultation USD 275
Navigating the complexities of the E-2 visa process requires a thorough understanding and expertise in immigration law. Consulting with a qualified immigration attorney can ensure that applicants meet all requirements, prepare necessary documentation, and maximize their chances of success.
Do you need to reach an expert immigration counsel?
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