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The L-1A visa authorizes temporary employment of an executive or upper level manager transferred from a foreign company to a related U.S. company. The visa can be extended for a total of 7 years.
Visa Requirements
The L-1A visa requires (1) a foreign company and a U.S. company to be related as a parent, branch, subsidiary or affiliate; (2) the companies must be currently doing business; (3) the employee must have at least one year of executive or upper level managerial experience with the foreign company; and (4) the employee must be employed as an executive or manager with the U.S. company.
New Office L-1A
Foreign companies are allowed to establish U.S. companies and petition for L-1A visas for executives and upper level managers to begin company operations. The company and Beneficiary must meet the same basic requirements as the L-1A visa.
The U.S. company must submit a commercial lease to show it has adequate office space for operations and bank account statements or wire transfers to show that it has adequate funds to begin operations. The company must submit evidence that within one year the U.S. operation will support an executive or managerial position. The petition must include information about the U.S. company including; the type of business, organizational structure, financial goals, and the size of the U.S. investment. The petition must include information about the foreign company including; the organizational structure and the financial ability of the company to support the U.S. company. A business plan or executive summary is recommended.
Premium Processing
The USCIS has a business service called Premium Processing where the USCIS responds within 15 working days from the date of the receipt of the application. There is $1,000 CIS filing fee for the service. This fee is an addition to other CIS filing fees that the applicant must pay. Approval of the Visa Petition and Applying for the Visa to Travel Internationally
The USCIS issues an approval notice as evidence of the employee's L-1A status. The approval allows the employee to work for the petitioning company only. The employee's dependents are issued approval notices as evidence of their L-2 status.
The employee must have an L-1A visa stamped in the employee's passport for travel out of and return to the U.S. This application is done at U.S. consulates outside the United States. The employees and dependents must have L-1 visas in their passports for travel back to the U.S. This application is made at U.S. Consulates and is referred to as visa consular processing.
Work Authorization for Spouses
The L-2 spouses of L-1 visa holders are allowed work authorization in the U.S. Spouses of L-1 visa
holders file for work authorization with the USCIS Service Center which will be granted for the period of authorized stay granted the L-1 principal.
L-1A Nonimmigrant Visa Document List
Employee (Beneficiary)
Resume (with detailed description of job duties and dates of employment)
Beneficiary's experience letter (title, dates of employment and qualifications)
Beneficiary's diplomas, degrees, and certificates
Evidence of Beneficiary's status (visa, I-94, approval notices)
Dependent's information (date of birth, country of birth, relationship, current address)
U.S. Company (Petitioner)
Certificate of Incorporation and Articles of Incorporation
Stock certificates (showing total ownership of the company)
Business registration, business license, business permits, DBA's
Organizational chart
Company information (history, facilities, products, number of employees, clients)
Commercial lease
Brochures, catalogs, promotional & product literature, and advertisements
Invoices, contracts, bills of lading, and other business documentation
Corporate tax returns (IRS 1120, IRS 941, TWC C-3)
Financial statements (balance sheet, income statement, asset & deficit, payroll)
Bank account statements
Wire transfers; certified checks or other evidence of capitalization in the U.S.
Foreign Company
Certificate of Incorporation and Articles of Incorporation
Business registration, business license, business permits
Organizational chart
Company information (history, facilities, products, # of employees, clients)
Commercial lease
Brochures, catalogs, promotional & product literature, and advertisements
Invoices, contracts, bills of lading, and other business documentation
Corporate tax returns
Financial statements (balance sheet, income statement, asset & deficit, payroll)
Bank account statements
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