L-1 Visa Attorney in Charleston, SC
L-1A Visa, Intracompany Executive & Manager Transfers
This category of non-immigrant visa is designed to enable U.S. companies a method to relocate its foreign executives and managers into the U.S. to work in its facilities in the U.S. It is eligible for application of the Dual Intent Doctrine. It is also available to enable foreign companies a method to relocate its executives and managers into the U.S. to expand their business here and work in its U.S. subsidiaries. The rotation of top personnel is designed to expand company views and procedures which help foster improved business on a global basis. Business must be conducted with the regular and systematic creation of goods or services.
It may also include non-profit, religious or charitable organizations and full time employment is not required of the transferee. But the employee must devote a significant amount of its continual time to the petitioner.
Is the L-1A a Dual Intent Visa?
Although a temporary visa, L-1 visa holders, while working, can apply for permanent residency (green card) simultaneously without jeopardizing their L-1 status.
The employer must have a qualified ongoing relationship with a foreign company in another country for the duration of the employees L-1A visa. The company need not engage in international trade.
The employee must be either an executive or a manager who supervises professional level employees that have at least a four year college degree. And they must have worked overseas as an executive or manager for at least one of the three previous years prior to filing.
Submission Process for the L-1A Visa
The application process requires that the employer file USCIS Form I-129, with all accompanying documentation and pay all required filing fees. In addition to the normal filing fee of $325, $2250 must be paid, plus a $500 fraud & detection fee and possibly a Premium Processing fee of $1225. However, in some instances the $2250 is not owing. Only employers with 50 or more L-1 holders or 50% or more of their employees being L-1 holders must pay this fee. When submitting the application, the employer can submit written evidence why it is not subject to this additional fee. It should then be prepared for a USCIS response with a Request For Evidence (RFE).
L-1A Visa Duration of Stay
The visa is first granted for 1 year with a new company and 3 years with a U.S. company that has been in existence for more than 1 year. Extensions are available in 2 year increments with the total permitted stay being 7 years.
Family members can also attend on separately filed USCIS Form I-129 with similar documentation and upon paying all required filing fees.
Spouses and unmarried children under 21 can also obtain entry under L-2 visas. Spouses can work by applying for their own work authorization. Children cannot work but can attend school or college.
We can assist you in processing these applications. Like we always say, "with immigration, nothing is as simple as it first appears"℠.
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