What is L-1A visa?
The L-1A visa is for international companies to transfer their executives or managers to a parent, branch, affiliate or subsidiary company in the U.S.
Who can apply for L-1A visa?
• A U.S. company which is a branch, subsidiary, affiliate or joint venture partner of an international company can file L-1A petition to have executives or managers to be transferred from a foreign company to work for the U.S. company.
• An executive or manager, executive of a foreign company may seek L-1A visa to come to the U.S. to work for a U.S. company which is a branch, subsidiary, affiliate or joint venture parter of the foreign company.
Benefits and Limitations of L-1A visa:
• One major benefit of L-1A visa is that the L-1A visa holder may come to the U.S. work under L-1 visa, and at the same time the L-1A may seek to become a permanent resident based on the international executive or manager category in the Employment Immigration.
• The L-1A visa is a temporary non-immigrant visa. The maximum stay in the U.S. as a manager or executive under L-1A visa is 7 years.
• The L-1A applicant must have continuously worked for the foreign parent, branch, affiliate or subsidiary company of the U.S. company for at least one year within the past three years.
• The spouse of A L-1 holder can apply for a Employment Authorization Card and engage in employment.
• A L-1A holder only for the U.S. employer who petitioned for his or her L-1A.
How to apply for L-1A visa?
• If the L-1A applicant is not in the United States at this time, the U.S. company should use form I-129 to file L-1A petition with the USCIS. Upon approval, the L-1A visa applicant should use forms DS-156 and DS-157 to apply L-1A visa at a U.S. Consulate office.
• If the L-1A applicant is currently in the United States and in a status other than L-1A, the U.S. company should use form I-129 to file L-1A petition with the USCIS to change the non-immigrant status to L-1A. The L-1A applicant’s spouse and children should use form I-539 to apply for L-2 status.
• If you are already in the United States and in the L-1A status and wish to extend the period of stay, the U.S. employer should use form I-129 to petition for the L-1A extension. The L-1A holder’s spouse and children should use form I-539 to apply for L-2 status extension.
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