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Jain Law Group
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L-1A Visa: Intra-Company Transferees

L-1A Executives And Managers

At the Jain Law Group, we have handled numerous cases and have the necessary experience involving L-1A visas. The L-1A visa allows U.S. companies to bring managers and executives who were employed at least one of the last three years in their affiliated foreign companies.

The L-1A visa is granted for a period of three years and may be extended for a maximum of seven years. The L-1A visa holders, managers or executives, are eligible to apply for a green card without a labor certification application approval. The U.S. employers are not required to go through a recruitment process to see if the U.S. market has qualified workers who are able to fill the position.

The petitioning U.S. employer must be in a relationship with its foreign parent company, affiliate, branch or subsidiary. The employer will be or is presently conducting a business in the United States as well as another country through the qualifying organization. This business must be in operation during the entire authorized stay of the L-1 beneficiary.

Managerial capacity is described as a person who is able to control and supervise other employees, a subdivision, a particular department or a particular area of the company. Executive capacity is described as an individual who is able to make large-scale decisions.

Period Of Stay

The maximum allowable stay is one year if the beneficiary is coming to establish the U.S. enterprise. If the U.S. enterprise is already established, then the transferee's authorized stay will be three years. Extensions can be requested in increments of two years twice bringing the total stay up to 7 years potentially.

Family Members Of L-1 Holders

The employee's spouse and children who are 21 years of age and under who are unmarried may accompany the transferee as L-2 visa holders. Spouses are able to work during the authorized L-2 visa.

Blanket Petitions

An intra-company relationship may need to be determined in advance of the actual filing of the L-1A visa petition. This can be done with a blanket petition. To qualify, the U.S. employer:

  • Must be currently taking part in commercial services or trade

  • Had been established for at least one year

  • Has at least three domestic and foreign affiliates, subsidiaries and branches

  • Has to meet at least one of the following:

    • Must possess at least 10 L-1 approvals in the last year;

    • Must possess U.S. subsidiaries that have a combined yearly sales total of $25 million or

    • More; or must employ at least 1,000 people

You can contact us online or call 949-379-8483. We serve clients in Irvine and throughout Orange County.

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