The L-1A visa is a nonimmigrant visa for multinational companies to transfer executives or managers from a foreign office to a U.S. office. This visa is also the go-to for companies who want to establish a new branch in the United States.
This blog discusses the requirements for L-1A visa, employer and employee eligibility, and the documents needed.
L-1A Visa Requirements for USA Employers
To qualify as a sponsor under the L-1A visa requirements for USA, the U.S. employer must:
- Have a qualifying relationship with a foreign entity, such as a parent, branch, subsidiary, or affiliate.
- Be actively doing business in the U.S. and at least one other country, directly or through a qualifying organization.
L-1A Visa Requirements for Employees
The employee being transferred must meet the following L-1A visa requirements for USA:
- Have worked for a qualifying foreign company for at least one continuous year in the last three years.
- Be entering the U.S. to serve in an executive or managerial capacity.
Is There an Education Requirement for L-1A Visa Employees?
There is no minimum education requirement for L-1A visa eligibility. The focus is on the employee’s work experience and their executive or managerial role.
Is there a Salary Requirement for L-1A Visa?
Unlike the H-1B visa, there is not a minimum salary requirement for L-1A visa holders. However, the salary must be sufficient for the visa officer to determine that the employee will not become a public charge. While there is no formal salary requirement for an L-1A visa, a liveable wage that reflects the managerial or executive role is advisable.
Is there a Residency Requirement for L-1A Visa?
There is no residency requirement for L-1A visa holders before entry into the U.S. Still, the employee must have spent at least one continuous year abroad with the qualifying organization within the last three years.
L-1A Visa Requirements for New Offices
If a foreign company is sending a manager or executive to open a new U.S. office, the employer must also show that:
- They have secured physical office space.
- The employee has been in an executive or managerial role for one year.
- The new U.S. office will support such a role within one year of the visa petition approval.
L-1A Visa Application Process
Both the employer and the visa applicant have responsibilities during the L-1A visa application process:
For the Employer:
- File Form I-129: The employer submits this petition with supporting documents proving the qualifying relationship and the employee’s role.
- Pay the necessary fees, including the filing and anti-fraud fees.
For the Employee:
- Submit Form DS-160: This is the Online Nonimmigrant Visa Application.
- Pay the visa application fee to the U.S. Embassy or consulate.
- Attend the visa interview, bringing all required documents.
Documents Required for L-1A Visa
There are essential documents required for L-1A visa during the application and interview process. Here are the documents required for L-1A visa interview:
- Valid passport
- Form I-129 and Form I-797 (approval notice)
- Photographs meeting U.S. visa standards
- Proof of employment with the foreign company
- Job offer letter from the U.S. company
- Evidence of the qualifying relationship between the foreign and U.S. entities
- Form DS-160 confirmation page
- Visa fee receipt
- Interview appointment letter
- Employment verification letter
- Company organizational charts
- Pay stubs or tax returns
Can L-1A Visa Holders Apply for SSN?
Once you arrive in the U.S., you may apply for a Social Security Number (SSN). Here are the documents required for SSN for L-1A visa holders:
- Valid passport
- L-1A visa
- I-94 arrival/departure record
- Employment authorization documents or an offer letter from the U.S. employer
Can You Apply for a Green Card on an L-1A visa?
A benefit of the L-1A visa is its dual intent. You can apply for permanent residency without affecting your nonimmigrant visa status.
What is the Period of Stay on an L-1A Visa?
New office employees can stay up to 1 year, while other L-1A employees stay up to 3 years. Visa holders can apply for extensions In 2-year increments, with a maximum stay of 7 years
Why You Should Hire an Immigration Attorney?
Preparing for the L-1A visa application is necessary for success. It is advisable to hire an immigration attorney to ensure your petition is strong.
Connect with experienced and verified attorneys on Immigration Question today.
Frequently Asked Questions About L-1A Visa
1. What are the requirements for L-1A visa eligibility?
There are a few requirements to qualify for an L-1A visa, such as:
- The employer must have a qualifying relationship with a foreign company.
- The employee must have worked with the foreign entity for at least one continuous year in the last three years.
- The employee must be coming to the U.S. in an executive or managerial capacity.
2. What are the documents required for L-1A visa?
Documents include a valid passport, Form I-129, Form I-797 (approval notice), proof of employment with the foreign entity, the job offer letter from the U.S. company, and evidence of the qualifying relationship between both companies.
3. Does an L-1A visa lead to permanent residency?
L-1A does not directly lead to permanent residency. However, it is a dual intent visa, meaning you can apply for a green card without jeopardizing your L-1A status.
4. What is the maximum stay allowed on an L-1A visa?
Employees establishing a new office in the U.S. can stay for an initial period of 1 year. All other L-1A visa holders can stay up to 3 years, with extensions possible in 2-year increments, up to 7 years.
5. Can a foreign company use the L-1A visa to open a new office in the U.S.?
The L-1A visa allows foreign companies to send an executive or manager to the U.S. to establish a new office. The company must prove it has secured a physical location and that the new office can support an executive or managerial role within one year.
