L-1A VISAS: WORKERS OPENING A US BRANCH, AFFILIATE OR SUBSIDIARY COMPANY

An L-1A Visa is available to Aliens who are coming to the United States to establish a branch, affiliate, or subsidiary company. Moreover, evidence must be provided to demonstrate the physical premises of the U.S. operation and the ability of the new office to support an executive or managerial position within one year of the petition's approval. The financial information of the company must also be submitted. Initially, the visa is granted for a maximum period of one year in such cases but can be extended thereafter.

For other L-1A visas, the maximum initial period of stay granted is generally three years. The status can be extended for a maximum stay of up to seven years.

The U.S. petitioner seeking an L-1A Visa must establish the following:

  • The petitioner has a qualifying relationship with a business entity in a foreign country.
  • The employer is currently conducting business as a U.S. employer and will continue to do so in at least one other country or through a qualifying organization during the beneficiary's stay in the U.S. as an L-1.
  • The alien has worked as a manager or executive for the foreign entity for at least one year within the last three years.
  • The alien is coming to the United States to serve in a managerial or executive capacity.
  • Both the foreign and domestic companies are viable entities.

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