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 is authorized for an initial period of 3 years and can be extended for a total of 7 years.

The L-1A visa requires (1) foreign company of U.S. company to be related as a parent, branch, subsidiary or affiliate, or joint venture; (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 a manager, director, project manager, lead person in the field, or executive with the U.S. company.

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.

The CIS has a business service called Premium Processing where the CIS responds within 15 working days from the date of the receipt of the application.

There is $1,000 CIS filing fee for the service. This fee is an addition to other applicable filing fees that the applicant must pay.

As of March 8, 2005, a U.S. Employer seeking initial approval of L nonimmigrant status for a beneficiary, or seeking approval to employ an L nonimmigrant currently working for another U.S. employer, must submit an additional $500.00 fee. This additional $500.00 Fraud Prevention and Detection fee was mandated by the provisions of the H-1B Visa Reform Act of 2004. There is no exemption from this fee. You must include payment of this $500.00 fee with your submission of this form. Failure to submit the fee when required will result in rejection or denial of your submission.

As of July 31, 2007, an employer petitioning for an alien to come to the United States temporarily to perform services or labor, or to receive training, as an L-1A or L-1B must pay the application fee of $320.

The CIS 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.

The spouses of L visa holders are allowed work authorization in the U.S. Spouses of L visa holders file for work authorization with the CIS Service Center which will be granted for the period of authorized stay granted the L-1 principal.

• Employee
  1. Resume (with detailed description of job duties and dates of employment)
  2. Beneficiary’s experience letter (title, dates of employment and qualifications)
  3. Beneficiary’s diplomas, degrees, and certificates
  4. Evidence of Beneficiary’s status (visas, I-94, approval notices)
  5. Dependent’s information (date of birth, country of birth, relationship, current address)
  
  
• U.S. Company
  1. Certificate of Incorporation and Articles of Incorporation
  2. Stock certificates (showing total ownership of the company)
  3. Business registration, business license, business permits, DBA’s
  4. Organizational Charts
  5. Company information (history, facilities, products, number of employees, clients)
  6. Commercial lease or proof of operations facilities or offices
  7. Brochures, catalogs, promotional and product literature, and advertisements
  8. Invoices, contracts, bill of lading, and other business documentation
  9. Corporate tax returns (IRS 1120, IRS 941, TWC C-3, or any IRS filing)
  10. Financial statements (balance sheet, income statement, asset & deficit, payroll)
  11. Bank account statements
  12. Wire transfers; certified checks and other evidence of capitalization in the U.S.
  
  
• Foreign Company
  1. Certificate of Incorporation and Articles of Incorporation
  2. Business registration, business license, business permits
  3. Organizational Charts
  4. Company information (history, facilities, products, number of employees, clients)
  5. Commercial lease
  6. Brochures, catalogs, promotional and product literature, and advertisements
  7. Invoices, contracts, bill of lading, and other business documentation
  8. Corporate tax returns
  9. Financial statements (balance sheet, income statement, asset & deficit, payroll)
  10. Bank account statements

Serna & Associates, PLLC. works to simplify the relative petition process. If you would like us to assist in your relative petition, please contact us.