#L1A Visa (Business Plan: https://wisebusinessplans.com/l-1-intracompany-transferee-visa/)   Expanding your US business horizons   For executives and managers from other countries who are being transferred within the same organization Get Started

L1A Visa Landscape

 

Work for your own company in the US and take control of your business goals

Introduction Temporary Non-Immigrant Visa – Dual Intent Allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. Allows a foreign company that does not yet have a U.S. office to send an executive or manager to the United States with the purpose of establishing one. Eligibility for Green Card - EB1C Multinational Manager or Executive

Benefits Expand the foreign business in the U.S. No minimum investment required Live and work in the US Ability to travel The US company can be a different line of business than the parent foreign company Educational Requirement – You do not need a degree to qualify! Period of Stay – Initial 3 years and maximum 7 years. No annual limits – No annual cap (unlike H-1B) Work Authorization to dependents New offices - An Executive/Manager can be sent to the US to establish a new office under the pre-certified green card category

 

General Qualifications Qualifying relationship: (parent company, subsidiary, affiliate, or branch) Doing business as an employer in the US and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1 You must be working for a qualifying organization abroad for one continuous year within three years in an executive, or managerial capacity Coming to work in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations

L1A Visa New 1 year to “start-up” the business in the US – Extension is filed before 1 year expiration. The company must have obtained adequate physical space  The employer must demonstrate that it will be able to support a managerial or executive position after 1 year (for an L-1A visa) When filing an extension, it must be shown that both the US and foreign entity are still “qualifying organizations” and both are still “doing business” The US company can support an executive/manager who is relieved from the day-to-day operations

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   Company Setup and Compliance Our team will guide and form your company based on your specific needs, including Business goals keeping the right structure and ownership in mind.	Warehouse - B2B | B2C Our warehouse team will work with you to fulfill your B2B and B2C orders including unloading & Storage, Labeling, and Dispatch (Pick-Pack-Ship).	eCommerce Sales Our e-Commerce team fully manages marketplaces and direct-to-consumer sales.  This includes our Top-Rated Amazon Seller Account.	B2B Sales Facilitation
   US work Visa (L1A, O1) Our team of legal experts will assist you in deciding what visa to apply for according to your business requirements.	Customs and Logistics From any port to the warehouse, our freight team will handle the logistics throughout the US including trucking and customs.	Business Funding For foreign startups raising funds in US, our team will work with investors to help you raise capital for your business growth.	India US Business Center IUSCC facility will work as a catalyst or an accelerator for the Indian companies to use as a base to launch and grow their business in the US.

    

   Q & A

Q1. What is an L1A Visa and what does it do?

Ans. The L1A visa falls within the category of non-immigrant visas, specifically tailored for multinational enterprises to relocate their managerial or executive staff from overseas branches to affiliated offices within the United States.

These visas are part of the broader L visa classification, which serves as a framework for facilitating intra-company personnel transfers.

Q2. What is the difference between L1A and L1A New?

Ans. The two are informally used to distinguish between two specific situations related to the L1A visa:

1. L1A for Established Companies: This is for employees being transferred to an existing U.S. office of a multinational company. The initial L1A period can be up to 3 years, with the possibility of extensions, and the employee is expected to continue managing or overseeing operations.
2. L1A New Office: This is for employees being sent to the U.S. to set up a new office or branch. The initial L1A period is typically limited to 1 year, with the expectation that the employee will be involved in establishing the new office. Afterward, they can apply for extensions under specific conditions.

Both scenarios fall under the broader L1A visa category, which is designed for intra-company transfers of managers and executives. The specific requirements and documentation may vary slightly depending on whether it's for an established office or a new office.

Q3. What are the eligibility criteria for acquiring an L1A visa?

You must have a qualifying relationship between the foreign company and the new US company. The individual being transferred must have worked for at least 1 year in the foreign company.

1. 1. 1. How many marketing people from our company can get L1A?
         • Parallelly or one by one. Only one manager can be transferred initially to start up the operations. Once the company has been established and you have US staff then additional managers can be transferred to the US to manage the US staff/operations.
      2. Validity of L1A visa and extension after validity?
         • 1 year for startup, 2 years for each extension for a total of 7 years on the L-1A.
      3. Salary criteria for a Marketing person or executive in the USA?
         • Comparable to the US salary for that position.
      4. Which company pays for the salary?
         • Indian or US company? Usually, a US company but it can be an Indian company.
      5. Tax liability for the person positioned in the USA?
         • I’m not a tax professional so I cannot answer this question.
      6. Green card eligibility and process for the person who's in the USA on an L1A visa?
         • If they qualify for the L-1 they should qualify for the GC, however, the timing of filing the GC will depend on the US company and the number of employees they have.
      7. What is RFE Range of $350-$3500 from your below email? Could you please explain more about this expense? 
         • An RFE is a Request for Evidence (RFE) that the immigration service can issue once the case is filed. The RFE is basically the immigration service requesting further information, documentation, or clarification. Depending on the nature of their inquiry our fees will range from $350-$3500.
      8. What is this 10% cost for expenses and disbursements? 
         • To cover our expenses for FEDEX, copies, etc.
      9. You mentioned appointing a new person (part-time or full-time) will require a year while applying for renewal of L1-A VISA. In this case, can you please advise if our US firm needs to appoint a person based in the USA only or if we can appoint a person from outside USA as well?
         • of course, we can plan to add an outside USA appointment to the payroll. I think we have discussed this on the call. You should employ 2-3 people on the US payroll plus yourself. These individuals can be F/T or P/T, however, you should have at least 1 F/T. If these individuals are not physically working in the US you can show them on the Organizational chart too.
      10. Renewal of L1A – what will be the fees for renewal after one year?
          • At this time, our legal fees for the extension are $4,000 + 10%.
      11. How the dependant applications work. I mean, if I apply for a green card after a year, can we apply for a green card directly for my family too or do we have to first apply for L1 & then go for a green card?
          • Your family is included in both your L-1 application (they will be L-2) and your green card application at the same time.
      12. I am currently holding an Indian passport. If we apply for L1-A & later if there is a change in nationality from Indian to British, will there be any issue when applying for a green card?
          • No, your country of birth determines your green card allocation. This will have no impact on processing your green card.

Resources

1. https://wisebusinessplans.com/l-1-intracompany-transferee-visa/
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