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L1-A Visa |
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Description
L-1A visa is a work visa for managers or executives to work
at a U.S.A. company related to the foreign company where
they have worked as a manager or executive for at least one
of the past three years.
Requirements
Tt must be demonstrated that :
- The candidate qualifies as a manager or executive and
- That the U.S.A. and foreign companies have a qualifying
relationship.
A manager does the following:
- Manages the organization, or a department, subdivision,
function, or component.
- Supervises and controls the work of other supervisory,
professional, or managerial Employees, or manages an
essential function within the company, or a department
or subdivision of the company.
- Has the authority to hire and fire or recommend
those as well as other personnel actions if employee(s)
are directly supervised; if no other employee is directly
supervised, the manager functions at a senior level
within the organization or with respect to the area
manager; and
- Exercises discretion over the day-to-day operations
of the activity or function he or she manages.
An executive does the following:
- Directs the management of the organization or a major
component or function.
- Establishes the policies and rules of the organization,
component, or function.
- Exercises wide latitude in discretionary decision-making;
and
- Receives only general supervision or direction from
higher level executives, the board of directors, or
stockholders of the organization.
For the company to qualify, it must be both:
- A U.S. or foreign firm, corporation, or other legal entity
which is or will be doing business as an employer in the
U.S.A. and in at least one other country directly or through
a parent, branch, affiliate, or subsidiary for the duration of
the candidate's stay in the U.S.A. as an intracompany transferee;
and
- Meet exactly one of the qualifying relationships specified
in the definitions of a parent, branch, affiliate, or subsidiary:
- Parent - a firm, corporation, or
other legal entity which has subsidiaries.
- Branch - an operating division or office of
the same organization housed in a different location.
- Subsidiary - a firm, corporation, or other
legal entity of which a parent owns, directly or indirectly,
more than half of the entity and controls the entity;
or owns, directly or indirectly, half of the entity
and controls the entity; or owns, directly or indirectly, 50
percent of a 50-50 joint venture and has equal control and
veto power over the entity; or owns, directly or indirectly, less
than half of the entity, but in fact controls the entity.
- Affiliate - one of two subsidiaries both of
which are owned and controlled by the same parent or
individual, or one of two legal entities owned and
controlled by the same group of individuals, each individual
owning and controlling approximately the same share
or proportion of each entity.
If the alien is coming to the U.S.A. to open a new
office, the petition should also be filed with the
following evidence regarding the entity in the U.S.A.:
- It already has sufficient premises to house the new
office
- It has or will have the qualifying relationship to
the foreign employer;
- It has the financial ability to remunerate the alien
and to begin doing business in the U.S.A.
Family members
The spouse and minor, dependent children of the L-1A holder
may be entitled to L-2 dependent visas valid for the same amount
of time as the L-1A holder. The spouse and minor, dependent
children of the L-1A holder may not be employed
Duration of Visa
L-1A visa may be valid for three years, and can be extended
in 2 two-year increments, for a total of seven years in L-1A
status. If the candidate is coming to the U.S.A. to open a
new office, the L-1A will be valid for one year initially,
and may be extended for a total of seven years in L-1A status |
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