Chicago L-1A Visa Attorney
Nationwide Advocacy from an Employment Immigration Lawyer
An L-1A visa allows foreign executives or managers to be transferred to their company’s offices in the United States in a non-immigrant capacity. It can also cover employees who are being moved to the United States to establish an affiliate office, a new branch, or a subsidiary office. Typically, the L-1A visa holder’s spouse and children under the age of 21 can join him or her in the United States with anL-2 visa.
Panteva Law Group, LLC our L-1A visa lawyer can help you navigate the application process. We strive to make things as simple and straightforward as possible, taking the burden off your shoulders.
What is the Criteria for L-1 Visa?
The employee who is petitioning for the L-1A visa must have worked for the company a minimum of one out of the previous three years to be eligible. In addition, this individual must be either an executive or a manager at the company or be an employee with specialized knowledge. Those with specialized knowledge receive L-1B visas, while executives and managers get L-1A visas.
Other Eligibility Requirements
Aside from being an executive or manager, the company you are transferring to must be a parent, branch, subsidiary, affiliate, or joint venture partner of a non-U.S company (physically located outside of the United States). Each of the relations mentioned has a specific definition. Working with a business immigration lawyer can help ensure that your situation falls under one of these categories.
The following characteristics define an executive:
- Directing company organization or a large portion of it
- Establishing organization policy and goals
- Exercising discretionary decision making
- Receiving minimal supervision from other high-level executives, stockholders, or board of directors
- Making big decisions with little to no oversight
- Managing (but not necessarily executing) various business functions
The following characteristics define a manager:
- Managing the organization of a specific department or component of a company
- Supervising the work of other employees from managerial roles to professional roles
- Hiring, firing, and recommending necessary actions as they relate to work personnel
- Exercising discretion in daily business operations
It is not enough to simply have the title of executive or manager. It must be proven that the individual in question meets the requirements listed above to qualify for the visa.
How Long is L-1 Visa Valid?
If the employee is being transferred to an established office in the United States and the company has been around for more than one year in the U.S., the visa is good for three years.
If the employee is being transferred to the United States to establish the company there, the visa is good for only one year (new office L-1) and has the option for extension.
- Extensions for the L-1 Visa are available, up to 2 years at a time. The maximum number of years total executives and managers is 7 years, while for those with specialized knowledge, it is 5 years.
- If you have a spouse or minor children, they may obtain visas to the US through L-2 visas.
- Your spouse will be eligible for employment authorization in the U.S.
- You may take trips in and out of the United States until the L-1 visa expires.
- The visa holder is expected to work full time, however, they may work less if they devote a significant amount of hours to the job on a regular basis.
Contact Panteva Law Group, LLC for Dedicated Legal Service
At our firm, we never forget that your future depends on our service. Whether you are a prospective employee or a business representative, the success or failure of a visa application can determine how you achieve your goals. We take our responsibility as your legal advocates very seriously and work to obtain positive outcomes whenever possible.