Frequently Asked Questions About the L-1A Visa

In the L-1A, the answers depend on the companies' affiliation and actual duties rather than the individual's title. The following questions explain common points of confusion regarding new office and existing company transfers. The foreign employment period, company records, and the U.S. plan must be evaluated together for individual eligibility. ¹

Can a company owner get an L-1A?

Ownership alone is not a barrier. However, appropriate intercompany relationships, required foreign work experience and actual executive role must be demonstrated. Opening a company in the USA or investing large capital does not replace these conditions. The separate legal existence of the personal partnership and the company must be properly documented. ¹

How many years is required to work in a foreign company?

The general rule is at least one continuous year of employment at the eligible foreign organization within the relevant three-year period. Periods spent in the United States and prior status history may affect the calculation. The calendar should not only be derived from the years written on the resume; Entry-exit, payroll and duty records should be examined together. ¹

Can a newly established company in the USA apply?

New office road is possible. However, appropriate institutional affiliation, adequate physical space, financing and an action plan to support the executive role within a year are required. Initial approval is generally valid for a maximum of one year. Company registration alone does not meet these conditions. ¹

Is it mandatory to hire a certain number of employees?

There is no single minimum number of employees for each L-1A case. However, the real organization that enables the person to mainly manage must be demonstrated. It is not enough for a person who runs the entire operation alone to use only the title of manager. Staff duties and functional management are important. ¹

Is it enough if the owners of two companies are family members?

No. A family relationship does not replace a legal ownership and control relationship. Share ratios, voting rights and the legal ties through which the companies are related must be shown. Using the same brand or common customer does not alone create a proper affiliate relationship. ¹

Is there a minimum investment amount for L-1A?

L-1A is not a category defined based on investment qualification, like E-2. There is no single standard investment figure that applies to every file. However, financial resources are required to support actual activity and fee payment, especially in the new office. “No minimum” does not mean “no proof of financing required.” ¹

How many years in total can one remain in L-1A status?

The general cap is seven years. Certain previous H and L periods can be taken into account; Appropriate periods abroad are also documented and examined. The first one-year approval of the new office is also part of the total duration plan. Current eligibility must be demonstrated for each extension. ¹

Can my spouse work?

Eligible L-2 spouses are authorized to work through their status documented as L-2S. The correct I-94 code and validity period should be checked. L-2 children do not have the same right. A single status and employment assessment cannot be made for everyone in the family. ²¹

Is the transition from L-1A to EB-1C automatic?

No. EB-1C is a separate application. The U.S. employer's own circumstances are evaluated, including at least one year of actual activity, appropriate foreign executive experience, and assignment in the United States. An L-1A approval may provide useful history but does not guarantee the outcome of an immigration application. ³¹

What happens if the foreign company's operations stop?

Maintaining appropriate international company structure is important in L-1 evaluation. Closing of the foreign entity or actual termination of operation may affect status and extension. Just because the company appears open on the registry is not the same as doing regular business. Impacts should be examined prior to closing. ¹

If premium processing is used, will the visa be issued in 15 days?

The premium period for an L-1 petition is 15 business days; This period is for USCIS to take the relevant action. Final approval is not a guarantee of a consular appointment or visa issuance. RFE and other phases may change the overall schedule. The application fee and premium fee are separate. ⁴

If my employment ends, do I have an automatic 60-day right?

Current regulation provides for a discretionary period in certain circumstances of up to 60 days or the remaining period of the permitted stay, whichever is shorter. This period is not an automatic work permit. Rules and possible new regulations should be checked up to date. ⁵