L Category Visas
L-1A Intracompany Transferee Executive or Manager:
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.
The employer must file a Form I-129,
Petition for a Non-immigrant Worker with fee, on behalf of the employee.
The following information describes some of the features and requirements of the L-1 non-immigrant visa program.
Generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
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 of the same employer or one of its qualifying organizations.
General Qualifications of the Employer and Employee:
To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
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.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:
The employer has secured sufficient physical premises to house the new office;
The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
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