Quick Facts About L-1A Visa
With a host of visa options, the L-1A visa gives an opportunity to corporate and businesses to send in executives and knowledge staff to US on an intra-company transfer that means they are moved within the same company from another overseas branch or an affiliate. By obtaining the L-1A visa, the company needs to file Form I-129 by paying the needed fee and allows the executive to either work in an existing US office or to be able to establish a new one.
However, before the L-1A visa is granted, there are numerous considerations that need to be fulfilled by the employee and the company. The company needs to prove that they need the specific executive to support managerial and executive position for at least 1 year after the visa is granted. It has to be showed that the employee has been working with the affiliate branch of the company for at least 1 year within a period of 3 years at the time of filing the petition.
The L-1A visa is granted for a period of 3 years initially and cannot be extended for more than 7 years at a stretch. Though for employees that are in US on an L-1 visa for the sole purpose of setting up a new office, they are granted 1 year and extended for 3 years. The individuals that are on L-1A visa and in US can be joined with their family and spouse who are entitled to the L-1 non-immigrant visa. The dependent L-1 visa is valid only for the period till the primary L-1Aq visa holds good. The benefits of the L-1 visa are that the spouse is entitled to legal authorization for employment. They are free to work in any industry or field of their choice for as long as the L-1 visa holder spouse is in US.
If you are a Canadian citizen, you do not need to file for the L-1 visa and only Form I-129S and other paperwork pertaining to your work is needed. The US custom officer at the port of entry is needs the documents before you are allowed within US. The minor children are unmarried and within the age of 21 years are allowed to accompany the parents on the L-2 visa and can continue the education with ease.
Before the visa is granted, it has to be proven that the petitioner and the company in US are related and it is critically scrutinized whether the company has control over the affiliate. The USCIS will need to have a detailed description on the services that the petitioner will complete while in US and the role specified to him or her.
In case, you are going to US on an L-1A visa, it is good to consult an immigration attorney and be clear about your prerogatives. Most of the immigration attorneys work in complete synchronization with the government agencies and thus, will be able to assist you with all of the procedures and documentation, if needed not just for you but for your family too.