SERNA & ASSOCIATES PLLC
ATTORNEYS AND COUNSELORS AT LAW
20985 IH 10 WEST.
SERNA BUILDING
SAN ANTONIO TEXAS 78257
(210) 228-0095-MAIN
(210) 228-0839- FAX
L-1A Nonimmigrant Visa
Intracompany Transferee (Multinational Executive or Manager)
Executive or Manager Intra Company Transferee Visa
The L-1A visa authorizes temporary employment of an executive or upper level manager transferred from a foreign company to a related U.S. company. The visa can be extended for a total of 7 years.
Visa Requirements
The L-1A visa requires ( 1 ) foreign company of U.S. company to be related as a parent, branch, subsidiary or affiliate; (2) the companies must be currently doing business; (3) the employee must have at least one year of executive or upper level managerial experience with the foreign company; and (4) the employee must be employed as an executive with the U.S. company.
New Office L-1A
Foreign companies are allowed to establish U.S. companies and petition for L-1A visas for executives and upper level managers to begin company operations. The company and Beneficiary must meet the same basic requirements as the L-1A visa.
The U.S. Company must submit a commercial lease to show it has adequate office space for operations and bank account statements or wire transfers to show that it has adequate funds to begin operations. The company must submit evidence that within one year the U.S. operation will support an executive or managerial position. The petition must include information about the U.S. Company including; the type or business, organizational structure, financial goals, and the size of the U.S. investment. The petition must include information about the foreign company including; the organizational structure and the financial ability of the company to support the U.S. Company.
Premium Processing
The INS has a business service called Premium Processing where the INS responds within 15 working days from the date of the receipt of the application. There is $1,000 INS filing fee for the service. This fee is an addition to other applicable filing fees that the applicant must pay.
Approval of the Visa
The INS issues an approval notice as evidence of the employee's passport for travel out of and return to the U.S. This application is done at the U.S. Consulate outside the United States and is referred to as visa consular processing. The employees and dependents must have L-1 visas in their passports for travel back to the U.S. This application is made at U.S. Consulates and is referred to as visa consular processing.
Work Authorization for Spouses
The spouses of E visa holders are allowed work authorization in the U.S. Spouses of L visa holders file for work authorization with the INS Service Center which will be granted for the period of authorized stay granted the L-1 principal.
L-1A Nonimmigrant Visa
Document List
Employee
• Resume (with detailed description of job duties and dates of employment)
• Beneficiary's experience letter (title, dates of employment and qualifications)
• Beneficiary's diplomas, degrees, and certificates
• Evidence of Beneficiary's status (visas, I-94, approval notices)
• Dependent's information (date of birth, country of birth, relationship, current address)
U.S. Company
• Certificate of Incorporation and Articles of Incorporation
• Stock certificates (showing total ownership of the company)
• Business registration, business license, business permits, DBA's
• Organizational Charts
• Company information (history, facilities, products, number of employees, clients)
• Commercial lease
• Brochures, catalogs, promotional and product literature, and advertisements
• Invoices, contracts, bill of lading, and other business documentation
• Corporate tax returns (IRS 1120, IRS 941, TWC C-3)
• Financial statements (balance sheet, income statement, asset & deficit, payroll)
• Bank account statements
• Wire transfers; certified checks and other evidence of capitalization in the U.S.
Foreign Company
• Certificate of Incorporation and Articles of Incorporation
• Business registration, business license, business permits
• Organizational Charts
• Company information (history, facilities, products, number of employees, clients)
• Commercial lease
• Brochures, catalogs, promotional and product literature, and advertisements
• Invoices, contracts, bill of lading, and other business documentation
• Corporate tax returns
• Financial statements (balance sheet, income statement, asset & deficit, payroll)
• Bank account statements
Serna & Associates L.L.C. assists U.S. companies with the L-1A Nonimmigrant Visa process. To meet with one of our attorneys, please contact our office at 210-228-0095
