![]() Job roles that meet the L-1A executive requirements are usually company executives, employees that sit on the board of directors or shareholders of the organization. There will be minimal direction from higher-level executives, board members and stockholders. ![]() You will have the freedom to make discretionary decisions. You will set the goals and policies of the organization. To qualify as an executive you will be someone who directs the management of the company. For example, a first line supervisor is not considered to be acting in a managerial capacity by virtue of the supervisor’s supervisory duties unless the employees supervised are professional. The petition will be tested thoroughly during the petitioning process. It will be important to take an objective assessment of whether the individual applicant meets these criteria. Day to day functions will be under your control. Essential functions of the organization will be your responsibility. ![]() You will have the authority to ‘hire and fire’ employees. You will need to supervise staff at a supervisory level. To qualify as a manager you must manage an organization or major department. It is a closely-scrutinised area of eligibility as you must be able to prove that you are directly responsible for major decisions within the company and have employees to direct and supervise: L1A visa manager criteria The criteria to be considered a manager or executive are strict. To qualify for an L1A visa, you must be employed as either a senior manager or an executive and have worked for the non-US subsidiary, parent, affiliate or branch office of the US company for at least 12 months out of the three years immediately preceding the application. There are no restrictions on applicant nationality (unlike, for example, the E visas). Likewise, there is no pay restriction on applying for an L1A visa, however, lower salaries may cause some issues with evidencing seniority and responsibility of the role. It is not necessary to be in full-time employment within the company to apply for the L1A visa, but you must be able to prove that a regular and large portion of time has been dedicated to the company. If you opt not to apply for US permanent residence, you are required to leave the US on completion of the maximum L1 visa allowable period for at least one year before a new application can be made for L1 (or H) status. L1A visa holders can apply to extend this in two-year increments, up to a maximum of seven years as long as the company continues to operate as a multinational organization during this period.įor new branches, the L1A visa will be granted for one year, with the option of extending the visa. ![]() L1A visa durationĮxecutives and managers will in most cases be granted the L1A visa for an initial period of three years. The L1A visa also offers a path to US permanent residence. L1 spouses may also be able to work in the US, by applying for employment authorization. L1A visa holders can be accompanied by their dependants, including their spouse and children, under the L1A dependent visa. There is also no cap on the number of L1A visas that can be issued. The L1A visa is not only open to large, multinational companies smaller businesses and start-ups are increasingly making use of the L1A visa to expand in the US market. Alternative immigration route should be considered, such as the B-1 visa. A foreign employer setting up a new office must be able to show that sufficient premises have been secured for the company.Īn employee who is just visiting the US for meetings, conferences or training would not be eligible for an L1A visa. The L1A visa may be applied for if a US employer wishes to move an employee into a managerial position at an affiliate office in the US.Īn L1A visa holder may split their time between the US office and other international branches.Įmployers may also use the L1A visa for an employee in a managerial position to establish a new branch, subsidiary or affiliate office in the US. The US L1A visa eligibility requirements aren’t, however, straightforward, and unless the organization has a blanket L, the supporting documentation needed to accompany the petition is extensive. It is the primary visa option for intracompany transfers of senior-level employees to the US and may also be open to business owners. The US L1A visa allows non-US national employees, including British citizens, who are in a managerial or executive position to be transferred to the USA for the same employer in a parent, sister, associate, subsidiary or branch of the UK-based company. Senior employees being transferred within a company to work in the US on a temporary basis will generally look at the L1A visa. L1A Visa Executive or Manager Intracompany Transfers
0 Comments
Leave a Reply. |