How Does the Application Process Work?
The steps for applying for an L-1A visa, whether through a change of status or a visa application, are outlined below.
Step 1: Determination of Eligibility
First, we confirm eligibility, ensuring that the applicant meets the criteria for an L-1A visa, including having a managerial or executive role and being employed by a qualifying multinational company for at least one continuous year in the last three years.
Step 2: Collection of the Documents
We collect required documents, such as proof of employment, evidence of managerial or executive role, company information for the qualifying U.S. and foreign companies, and personal documents for the applicant.
Step 3: Preparation of the Application Package and Filing of the Petition
We compile the application package including a cover letter explaining the eligibility of the applicant for the L-1A, supporting evidence of the qualifying relationship, managerial or executive role, business plan for the U.S. Company, personal documents, forms, proof of payment of fees, and submitting the application package to the USCIS.
- Change of Status Application: If the applicant is already in the United States under a different non-immigrant status, such as B2 tourist status, they may apply for a change of status to L-1A, and submitting the L-1A application will be sufficient to change the status if approved by the USCIS.
Step 4: Submission of DS-160
We submit form DS-160 to the U.S. embassy or consulate where the visa application will be made after the approval of the initial L-1A petition by the USCIS.
Step 5: Visa Interview
We schedule the visa interview for you to attend at the U.S. embassy or consulate by bringing the visa application notice, initial application package, approval notice issued by the USCIS, and other documents to the interview.
Applicants must be ready to answer questions about their managerial or executive role, and provide additional documentation as requested.
Step 6: Visa Issuance
If the visa application is approved, the applicant will receive the L-1A visa stamped in their passport.
What Are the Benefits of the L-1A Visa?
The L-1A visa offers several advantages to executives and managers seeking to work in the United States:
a. Intra-Company Transfer
The L-1A visa allows for the transfer of key personnel from a qualifying foreign company to a related U.S. entity.
b. Duration of Stay
The L-1A visa is initially valid for up to three years, with extensions available, for a maximum of seven years. However, in the case of an L-1A new office application, the initial period of stay with the L1-A visa is one year, with two-year extensions up to seven years in total.
c. Dual Intent
L-1A visa holders may have dual intent, meaning they can pursue permanent residency in the United States while maintaining their non-immigrant visa status.
d. Path to Permanent Residency
L-1A visa holders may be eligible to apply for permanent residency through the employment-based immigrant visa categories, such as the EB-1C visa.
What Are the Required Application Documents?
When applying for the L-1A visa, applicants must submit a comprehensive set of documents to support their eligibility and intra-company transfer. The following documents are commonly required:
a. Company Documentation
Documentation demonstrating the qualifying relationship between the foreign employer and the U.S. entity, such as articles of incorporation, stock certificates, or financial statements.
b. Job Offer and Description
A letter from the U.S. employer detailing the job offer and describing the executive or managerial role to be undertaken in the United States.
c. Employment History
Proof of the applicant’s employment with the qualifying foreign company, such as employment contracts, tax returns, or payroll records, and job description of the applicant showing the managerial or executive role.
d. Organizational Charts
Illustrating the hierarchical structure of both the foreign employer and the U.S. entity, showcasing the applicant’s position as a manager or executive and the relationship between the companies.
e. Passport and Identification
A valid passport and identification documents to establish the applicant’s identity and citizenship.