The L-1A nonimmigrant visa allows United States employers to transfer executives or managers from foreign offices to their offices in the country, or to support foreign entrepreneurs to establish themselves in the United States.
The L-1A nonimmigrant visa has various modes of eligibility. The general qualifications for employers and employees are different and contemplate various situations related to the employee's relationship with the company, eligibility of the employee based on the time he has been with the company, among others.
The US employer must: have a relationship with a foreign company, for example, headquarters, branches, affiliates, among others; and be doing business as an employer in the United States and in at least one other country, that is to say that it is a binational company at least.
On the other hand, the designated employee must meet the following requirements to qualify: Have worked for an eligible organization abroad for a period of one continuous year and within the three years prior to admission to the United States; and having entered the country with the intention of rendering executive or managerial services.
For that, both employees and employers must meet other criteria such as the ability to do business, executive ability and/or managerial ability.
On the other hand, foreign employers seeking to send employees to the United States in executive or managerial positions to establish new offices, it is necessary for the employer to have sufficient physical space to house a new office. Likewise, the employee hired as an executive or manager must have at least one year of seniority in the company during the three years prior to submitting the application. Similarly, the office in the United States will provide support to executive or managerial positions one year after the request is approved.
The period of stay for the L-1A visa is one year for managers or employees who are in charge of establishing a new office. And the rest of the qualified employees will be allowed an initial stay of three years with the option of a renewal not to exceed the limit of seven years.
To apply for this visa, it is necessary to fill out the corresponding form, the I-129, Petition for a Nonimmigrant Worker: https://www.uscis.gov/es/i-129. Learn more about the process at the following link: https://www.uscis.gov/working-in-the-united-states/temporary-non-immigrant-workers /l-1st-transfer-of-executives-or-managers-within-the-same-company
