L-1A Visa For Intra-Company Transfers
Our San Francisco law firm’s immigration department has obtained L-1A visas for petitioners from all parts of the globe. Luscutoff, Lendormy & Associates immigration lawyers work closely with employers and arrange for prompt issuance of L-1A visas to valuable employees. We move quickly so that our clients do not need to delay their global business plans.
The L-1A visa, a nonimmigrant visa, permits the intra-company transfer of managers and executives from foreign companies to related U.S. entities. Like each of the business and employment based visas our San Francisco immigration department obtains for clients, the L-1A visa is available to only certain persons. To qualify for the L-1A visa, the following are required:
- The entity in the U.S. must have a relationship with the foreign company that is transferring the foreign national into the U.S.
- The legal structure between the foreign and U.S. business entities may be that of parent/subsidiary, or a branch relationship, or the businesses may sometimes be “affiliates”.
- The foreign national must have been an executive or a manager actually employed abroad for: (a) at least one (1) of the three (3) prior years, and (b) employed by an entity related to the prospective U.S. employer.
- The foreign national must be transferred into the US to work in an executive capacity or as a “manager” for a U.S. business properly related to a foreign company or for a foreign company that itself is doing business in the U.S.
- A permissible “manager” position is not only a position and job assignment limited to the management of subordinate personnel. Besides supervising actual people, it can include the management of a “function.”
- The L-1A visa is a dual intent visa. The L-1A visa excuses the foreign national of proving that he or she intends to stay in the U.S. for only temporary periods of time. The individual may actually intend to stay in the U.S. permanently and he or she may pursue permanent residence status without violating the “terms of stay” contained in the L-1A visa. We should also mention that the L-1A non-immigrant visa category has a corresponding immigrant visa category EB-1.3 visa.
- As a bonus, the immigrant category of this dual intent L-1A visa is available to intra-company transferees. The L-1A visa rules permit foreign nationals to actually apply for permanent residence in the U.S. without waiting for his or her employer to first receive Labor Certification. This benefit saves both money and time; and these are savings for both the employee and employer. It is a highly beneficial feature of an L-1A visa.