Aventura L-1A Visa Attorney

Multinational companies are increasingly common, and being able to send employees from one branch to another is a valuable capability. L-1A non-immigrant classification allows a U.S. employer to transfer a manager or executive from a foreign affiliated office to an office located in the U.S. or to send an executive or manager to establish an office in the U.S. An Aventura L-1A Visa Attorney can help you file a petition for an L-1A visa or for blanket L certification.

Qualified Employers

To qualify to bring employees to the U.S. under an L-1A visa, a U.S. employer must:

  • Have a qualifying relationship with a foreign company; and
  • Currently be doing business in the U.S. and in at least one other country.

A U.S. company has a qualifying relationship with a foreign company if it is a parent company, subsidiary, affiliate, or branch of the foreign company.

A U.S. company can do business in a foreign nation either directly or through a qualifying organization. The mere presence of an office or agent is not enough to be considered doing business. Rather, the organization must regularly provide goods or services. The company must be doing business throughout the term of the employee’s residency in the U.S. under the L-1 visa, and the business must be viable.

Qualified Employees

To qualify for an L-1A visa, an employee must:

  • Have been working for the company in the foreign country for at least one continuous year during the three-year period preceding admission to the U.S.; and
  • Enter the U.S. to provide managerial or executive services for the qualified U.S. employer.

Executive or managerial services include directing or managing an organization or department of the company. They also include supervisory responsibilities over professional employees, or the management of an essential function, but do not include low-level management. There are no wage requirements or minimums for employees to qualify for the visa.

Establishing a New Office

If an employer wishes to send a manager or executive to the States to start a U.S. branch or office, it must have secured the physical premises necessary to establish the new office. Further, the employee must have been working as an executive or manager for at least one continuous year in the three years preceding application for the L-1 visa. The new office must support an executive or managerial position within one year of the employee’s arrival in the U.S.

Duration

If an employee is coming to the U.S. to establish a new office, the L-1A visa will be valid for one year. Otherwise, visas are valid for three years. Extensions may be granted in two-year increments, up to a maximum stay of seven years.

Family

An employee may bring his or her spouse and unmarried children under age 21 under the L-1A visa. Spouses can apply for work authorization, and, if approved, face no restrictions as to employment.

Blanket Petitions

Companies that frequently transfer employees under L-1A visas and that meet certain requirements may wish to petition for blanket L certification. This allows the U.S. company to establish the qualified relationship with the foreign company in advance of filing an L-1 petition for a specific employee. Approval does not guarantee that an individual request will be granted, but makes it easier and quicker for eligible employees to be transferred to U.S. offices from abroad.

If you are a Florida employer wishing to bring a managerial or executive employee from abroad, please contact an Aventura immigration attorney at the Aventura Law Offices of Alex T. Barak, at 954-289-6298, for an initial consultation with a member of our legal team.