L-1A Visa (Business Expansion, Intracompany Transfer visa)
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There is a special visa available for companies that wish to expand operations into the United States by opening a branch, a warehouse or an office. This visa, known as the L-1A visa, is one of the most popular due to the misperception that it can easily lead to permanent residency. The requirements are as follows:
Company requirements
- The foreign company must have been in operation for at least one year and must remain in operation at all times after the opening of the US division;
- A qualifying US organization may include a branch of the same employer, or a parent, subsidiary, or affiliate;
- New US offices must submit additional evidence, including a business plan, and must show progress on start-up activities after one year.
- Ideally, the foreign company should employ at least 3 executives or department managers, besides the director or owner;
- One must be able to demonstrate that the foreign company is successful, in good standing, financially solid, that expansion into the United States will not negatively affect its foreign operations, and that the expansion will create jobs for US workers.
Categories of workers eligible to be transferred to US operation under an L-1A visa.
- Owners – Must be either the sole owner or a majority shareholder.
- Executives – Includes the President, Vice-President, Secretary, or Treasurer of the company.
- Managers, Upper Level – Should be General Managers, Sales Managers, Production Managers, etc. (First-line supervisors generally do not qualify)
- Specialized Knowledge Workers – Must have special knowledge specific to the product or the company.
Personal requirements for an L-1A visa
- The L-1A visa applicant must have worked for the foreign company at an executive or managerial level for at least 1 out of the last 3 years;
- The L-1A visa applicant’s role in the US company must be executive or managerial (as defined in the applicable laws and regulations); and
- The L-1A visa applicant’s presence in the United States must be essential to the success and the smooth operation of the US company.
L-1A visa processing time and government fees
Government processing is rapid compared to other business visa categories — 15 business days or less with premium processing — because there is no need to file either an Application for Labor Certification or a Labor Condition Application. And government filing fees are relatively low, compared with other visas, with the exception of the E-1/E-2 treaty visas.
Processing for citizens of CANADA is completed on a same-day basis at most CANADA-US ports of entry or at the US “pre-flight clearance” office located at most international airports in CANADA.
Upgrading from L-1A to Permanent Residency
After the US entity has been trading for one full year, qualifying managers and executives are eligible to apply for EB1C permanent residence without testing the job market through the labor certification process as long as both the US and foreign companies remain fully staffed and continue to trade in earnest throughout the process. That said, it bears noting that this is not a feature exclusive to the L1A visa category given qualifying managers and executives in E-2 status are likewise eligible to apply for EB1C permanent residence under the same criteria.
All-inclusive L-1A Visa legal services
In addition to representing international investors and expansionists before the US government, Ortega-Medina & Associates’ all-inclusive fee structure can include incorporating the new US enterprise, obtaining a Federal Employer ID number, helping to locate a temporary or permanent business address for the company (including telephone and fax number), and obtaining the appropriate business licenses. We can also arrange a post-visa consultation with one of our firm’s business and employment law experts.
Please Note: Ortega-Medina & Associates has over twenty years experience dealing with US immigration business visa cases. We have experienced success in many cases that were considered hopeless by other law firms. If we decide to take on a case, it is because we feel it stands a strong chance of succeeding. If your L-1A visa petition is denied, for any reason other than a determination that you are inadmissible for reasons of criminality or fraud, we will troubleshoot the denial at no additional cost to you and/or attempt to reprocess your case in an alternative visa category. Please contact us so that we can help you determine whether you are an appropriate candidate for this type of visa application.
