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Tanner Law Offices, LLC - Attorney

We are here to help. Call us today: 717-836-0471

Tanner Law Offices is now accepting office consultations at the Camp Hill location. Masks are required for entry and we look forward to meeting with you to understand and advise on your situation.

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At Tanner Law Offices, LLC, we provide the legal information, answers and advice you need to reach your goals.

L-1A Process

The L-1A visa process assists U.S employers in transferring employees who hold positions such as managers, executives, and employees with specialized knowledge from a foreign entity to a U.S. entity. The employer must be doing business in the United States and one other country, and must have an employer-employee relationship with the intracompany transferee. The employer must file the L-1 Petition, I-129, and provide organizational charts and formation documents, to confirm they are a qualifying employer, and can establish a qualifying employer-employee relationship by demonstrating they have the authority to fire the intracompany transferee.

The L-1 employee must have worked abroad in full-time capacity for the foreign entity for one continuous year within the three year period preceding the filing of the I-129 Petition; however, the L-1 employee does not need to work in the United States in the same capacity as abroad.

Once approved, the L-1 transferee is authorized to stay for a maximum of seven (7) years for managers and executives (L-1A), initially 1 year for new, start-up companies and 3 years for existing companies, then extensions may be given in 2 year increments for up to 7 years. A maximum of five (5) years will be given for specialized knowledge employees (L-1B). Only when the transferee is present in the United States, will the time be counted toward the seven (7) or five (5) years, respectively.

L-1A managers or executives possess the requisite “managerial capacity, if the employee:

  • Manages the organization, or a department, subdivision, function or component of the organization;
  • Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
  • Has the authority to hire and fire, or recommend those as well as other personnel actions, such as promotion and leave authorization; and
  • 4Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

“Executive capacity” applies to an assignment within an organization in which the employee primarily:

  • Directs the management of the organization or a major component or function of the organization;
  • Establishes the goals and policies of the organization, component or function;
  • Exercises wide latitude in discretionary decision-making; and
  • Receives only general supervisor or direction from high-level executives, the board of directors, or stockholders of the organization.

Job title is not dispositive; however, the L-1 petition process serves as another option in which employers can sponsor employees in petitioning for and receiving a visa, as multinational companies can employ qualifying managers, executives and employees with specialized knowledge on a temporary basis. Give the attorneys at Tanner Law Offices, LLC, a call at 717-836-0471 for a 30 minute free consultation to discuss this process.

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