Know About Eligibility to File For US L-1A Visa

The US is a rather popular destination that attracts people from almost every country of the world. A large number of people are eager to become a part of the flourishing nation as it does not only have the thriving economy but peaceful environment, social security, attractive tourist destinations, and much more.

Business Trip To US
Business Trip To US

These days, the concept of brain drain among the managers and executives has largely grown all, thanks to the L-1A Visa, an initiative of the US Citizenship and Immigration Services (USCIS) that lets eligible managers and executive to join the US affiliated, branch, parent or subsidiary office. The processing of the petition may take longer as the eligibility to file an L-1A visa is quite complex and lengthy.

The L-1A is basically a non-immigrant visa and applies to the professionals of only certain class, such as Managers and Executives. Such people can easily be transferred from its affiliated, branch, parent or subsidiary office outside the US to the US qualifying office.

Eligibility to File an L-1A visa

For Employees

Following is the basic requirements to be meet by the employees:

  1. The person must have worked outside the US for its affiliated, branch, parent or subsidiary office for not less than one year in the last three years.
  2. He must have been working at the similar position, i.e., manager or executive.
  3. Unless he has got Green Card (Permanent Residency) he/she must return to his place of permanent residence upon the completion of seven years.
  4. No person can file their own petition a petition has to be filled by the affiliated, branch, parent or subsidiary office.
  5. At the time of filling the petition along with other relevant documents US affiliated, branch, parent or subsidiary office must submit a letter stating that the services of the person is formally required in the US.
  6. The aspirant must be coming to the country at the similar position affiliated, branch, parent or subsidiary office in the country.
  7. By the virtue of the person’s education and experience, he must be qualified for the position.

As per the federal law, managerial capacity refers to those who have the ability to control, monitor and supervise the work of professional workers and manage the component, subdivision, or department of the company. They may also be required to manage the essential function of the company at a high managerial level with direct interference or supervision of fellow employees.

Executive capacity refers to those who have the ability to take decisions at the high level without direct interference or supervision of fellow employees.

For Employers

Following is the basic requirements to be meet by the employer:

  1. Both the company outside the US and inside the nation should share a qualifying relationship which should be legal in nature.
  2. The company must or intend to do business as an employer in the country and must be doing the same in at least one more nation at least for the duration the alien intends to stay in the nation.

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