An L1A visa allows non-immigrants transferring from foreign nations to come to the U.S. for the purpose of managing the function or division of an organization. Below are answers to some of the most frequently asked questions concerning L1A visas:
Contents
What privileges come with holding an L1A visa?
- Transferring to the U.S. to legally work for a U.S. Company that employs the individual in their country of origin.
- Obtain a visa quickly
- The ability to travel to and from the U.S. Remain in the U.S. continuously until the L1 visa expires.
- Obtain visas for relatives
- Obtain a green card through employment without requiring labor certification
Does an L1A visa have limitations?
- Individuals can only remain employed by the U.S. company that acted as the sponsor.
- The visa provides approval for three years. After this time, the individual may acquire two-year extensions until residing in the U.S., five years if they are a specialized employee or seven years if they are a managing executive.
Is there a difference between an L-1A visa and an L-1B visa?
Company executives or managers qualify for L-1A visas. Accountants, computer programmers or other special knowledge employees typically qualify for an L-1B visa.
Who qualifies as an executive?
Executive status means that the applicant must have worked for a company or corporation for at least one year in the last three years as a manager or executive.
Is there a limit on the number of L-1A visas provided in a year?
Unlike H1B visas, L1A visas are not subject to any cap.
Are the dependent spouses and children of individuals having an L-1A visa allowed to work in the United States?
Dependent spouses having an L2 visa may obtain work authorization. The documentation must be obtained separately. Children having an L2 visa are not permitted to work.
Can an employer re-locate L-1A employees to different destinations in the U.S.?
Yes, as long as the individuals remain under the control and management of the employer.
What are the fees for obtaining an L-1A visa?
The cost is $320 plus the United States Citizenship and Immigration Services Fraud Prevention and Detection fee of $500.
How long does it take to acquire an L-1A visa?
In general, for a normal L1 visa, the time frame is two to four months. This time is shortened to one to three weeks for someone having blanket approval.
Is there any way to speed up the process?
Yes, by using a United States Citizenship and Immigration Services program called Premium Processing. By paying the USCIS and additional $1,000, the agency completes the process within two weeks or notifies the petitioner if needing more information.
Can someone come to the U.S. using a visitor’s visa or a visa-waiver while waiting for completion of the L-1A petition?
Generally, this action is not recommended. The individual puts an L1 visa request at risk of visa fraud.
Can someone having an L-1A visa work part-time?
Yes.
Must employers pay L-1A workers current prevailing wages?
No. However, if employers pay workers a wage that falls significantly below the standard wage or less than U.S. resident employees performing the same duties, the action may cause an investigation by the Department of Labor or the USCIS.
How we can help you
Interested in pursuing an L-1A visa for yourself or an employee? Let us help! Our experienced staff and immigration attorneys know exactly how to manage an L-1A visa case. We have a proven record of success with filing and managing L-1A visa cases. For a consultation, call 703-594-4040 or contact us online.