Background
The L-1A visa is a non-immigrant visa designed for intracompany transferees. Specifically, it is meant for multinational companies looking to transfer their managerial or executive-level employees from an overseas office to a branch, affiliate, subsidiary, or parent company within the United States. This visa allows qualified employees to work in the U.S. for a designated period, typically up to seven years, and it is often used to facilitate the transfer of leadership and managerial expertise to the U.S. operations of a multinational company. Our client worked for a U.S.-based company with multiple affiliate companies in India. He was requesting that the Indian national for the affiliate company be transferred to the United States for a temporary period of two years.
VisaNation Case Strategy
Under the category of an L-1A visa, the employee applying under the employment-based immigrants category would have been employed by the legal entity for at least one year within the three years preceding their application. The employee would need to qualify in a capacity that is managerial or executive, meaning:
- Manages an organization, significant division, or operational unit
- Sets objectives and formulates policies
- Wields substantial discretion in decision-making
- It is subject to minimal oversight from higher-ranking executives, the board of directors, or shareholders
Our client’s employer qualified under an executive role. The company was expanding more in the U.S. and had developed extensive solutions within the healthcare, mortgage, and IT outsourcing industries. They had centers in Bangalore and Coimbatore, and then had their U.S.-based company in Pennsylvania.
Verdict
We had to explain the purpose of our client’s company, which was to use technology to facilitate companies in enhancing their operational efficiency, bridging international gaps, conserving valuable time, and boosting earnings for U.S. clients. The qualifying relationship between the foreign and U.S. entities had to be proved to establish a corporate relationship. Shares by the owners were detailed to show how much each person had invested in the company. Our client also had to detail the employee’s responsibilities abroad and in the U.S. Once everything was established, we submitted our client’s petition under premium processing, which was approved within 9 days!
