The U.S. L1A visa is a non-immigrant visa at the time of application; however, according to U.S. immigration law, L1 visa holders and their family members can change their immigration status within a certain period and directly obtain permanent residency in the United States. However, applying for a U.S. L1 visa requires meeting the following criteria:
1. There must be a qualifying multinational corporate relationship
This refers to the company mentioned above needing to be "multinational." The L1A application is not solely a matter for the U.S. company. Although the applicant is a U.S. company, the L1A application must involve an overseas company, and there must be a qualifying corporate relationship between the overseas company and the U.S. company.
This brings up two key terms: "relationship" and "company." Many clients worry that their company's LLC structure does not meet the L1A requirements. This concern is unnecessary. The L1A requirements for U.S. business structures are relatively lenient, allowing for companies in the form of INC, as well as LLCs, and even partnerships, trusts, and funds. LLCs not only meet the L1A requirements but also satisfy the EB1C requirements.
2. At least one year of full-time executive experience overseas
After finding a qualifying overseas company, L1A applicants must also note that they must have at least one year of executive experience at that overseas company within the three years prior to submitting the application. This year of overseas executive experience must be genuine. First, it must be full-time executive work experience, and this year does not include time spent in the United States. Additionally, this year of overseas experience must meet the "executive" requirements. If the applicant did not hold a management position previously and was only promoted in the last year, they may not meet this requirement. Alternatively, if the overseas company is very small, proving the overseas executive experience may also be a challenge.
3. Must serve as an executive in the U.S.
Since this is a transfer of a multinational executive, the applicant must not only be an executive overseas but also must be an executive upon entering the United States. For newly established L1 U.S. companies, this is primarily demonstrated through the company's business plan. For L1 U.S. companies that have been operating for over a year, it requires experienced immigration attorneys to carefully examine the company's operational status and personnel structure to make a judgment, as there is no one-size-fits-all standard.
4. The U.S. company must have a physical business location
The L1A application is suitable not only for existing U.S. companies but also for newly established U.S. companies. However, for newly established U.S. companies, if they wish to submit an L1A application for the applicant, they must already have a physical business location at the time of application submission. Having a business location does not mean that the U.S. company intends to rent a certain office space; rather, it means that they must have already rented or purchased suitable office space.
