L-1A Intracompany Visa Attorney
Contact a Montgomery County Immigration Lawyer
The United States Citizenship and Immigration Services (USCIS) allows employers
in the United States with offices in foreign countries to transfer an
executive or manager from another country to a domestic office by applying
for L-1A nonimmigrant visa classification. Similarly, foreign employers
who wish to open a United States office may use this type of classification
to send an executive or manager to the United States with the purpose
of establishing one. Like any other immigration-related issue, petitioning
for L-1A classification can be a difficult task and expose employers to
numerous pitfalls without the assistance of an experienced attorney.
At USILaw, our highly-trained Montgomery County immigration lawyers have
an intimate understanding of the various laws and regulations influencing
American immigration law and can walk you step-by-step through the process
of applying for L-1A classification. From filling out the necessary paperwork
to handling any disputes that should arise with your application, we can
help take the guesswork out of your petition and maximize your chances
of achieving success.
Let us help simplify the immigration process – call (800) 335-8520.
Who Qualifies for L-1A Classification?
There are several requirements that employers and employees must fulfill
before the USCIS will grant them L-1A classification, including:
- The employer must be a parent company, branch subsidiary, or have an affiliated
relationship with a foreign company
- The employer must currently be, or will be, doing business as an employer
in the United States and in at least one other country
- The transferred employee must have been employed by the foreign affiliate
in an executive, managerial, or specialized knowledge capacity for a minimum
of one continuous year within three years of their admission to the United States
- The employee must not be a low-level manager
- The employee must be seeking to enter the United States to serve in an
executive or managerial position for the same employer or one of its affiliated
Approved L-1A employees who are entering the United States to establish
a new office may stay for a maximum initial stay of one year, while all
other employees may stay for three years. Extensions may be granted in
increments of two years, up to a maximum of seven years. Employers must
obtain an approved L-1A petition from the USCIS for each employee they
wish to bring to the United States, unless they have been granted blanket
L-1 petition approval. Unlike
H-1B visas, there is no
cap on the amount of L-1A visas that may be issued per year. Likewise, there
are no wage requirements for L-1A employees.
Who Is Considered to Be a “Manager” or “Executive?”
The L-1A is only offered to managers or executives. The USCIS considers
managers to be those with the capacity to control an organization, department,
subdivision, function, or smaller component of a company or business.
Managers also reserve the power to hire and fire employees as well as
recommend employees for promotion, with discretion over the employee’s
Executive capacity generally refers to an employee’s ability to make
wide-reaching decisions that impact the function, policies, or goals of
a company with minimal oversight. Executives generally only receive supervision
or direction from higher-level executives, stockholders, or the company’s
board of directors.
How Is an L-1A Visa Different From an L-1B Visa?
L-1A visas are very similar to L-1B visas in that they both allow employers
to transfer foreign employees to the United States. Where these two types
of visas differ, however, is in their purpose, length of stay, and eligibility
for permanent residency. L-1B visas are reserved for professionals with
specialized knowledge related to an organization’s interests and
can be extended to a maximum five year stay, as opposed to the L-1A visa’s
seven year maximum. While L-1A visa holders may file for a
Green Card in the
EB-1 category, L-1B visas holders must apply for labor certification prior
to applying for permanent residency.
Set Up an Initial Case Review Today
At USILaw, our knowledgeable Montgomery County L-1A visa lawyers have
the know-how and dedication you need to help you navigate through the
American immigration system with ease. Backed by numerous glowing reviews
from past clients and an uncompromising commitment to providing personalized
attention to each case, you can trust us with confidence to handle your
immigration case with the care and professionalism you deserve. To find
out more about what our team of advocates can do for you,
fill out an online form
to schedule a confidential consultation today.