L VISA
The L-1 visa is a good way for small or start-up overseas companies to expand their business and services to the United States. This is advantageous to smaller companies because it allows for the transfer of a highly proficient manager or executive who has direct knowledge of operations, allowing the setup of a new branch in compliance with the goals and objectives of the company’s main office. L-1 visas can also be used by multi-national companies. When a multi-national company is developing a new market in another country, it may become necessary to have some employees with specialized knowledge work in the newly established office. The L Visa is specifically designed to facilitate the needs of intra-company transfers by companies. There are two different L-1 visa classifications: L-1A and L-1B.
L-1A: Intracompany Transferee Executive or Manager
L-1A visas are designed for intra-company executive transferees coming to work in the United States. The L-1A visa holders must have been employed in an executive or managerial capacity for the foreign company at an overseas location continuously for at least one year out of the past three years. In addition, the L-1A visa allows a company which does not currently have a U.S. office to send an executive or manager to the United States in order to establish one. L-1A visa is granted initially for one year for a new company in the US or three years for a US company with more than one year in existence, with extensions available in two-year increments, with a total stay not to exceed seven years.
Qualifications: The company must have a qualifying relationship with a foreign company, such as a parent company, branch office, subsidiary, or affiliate of the foreign company. These are collectively referred to as qualifying entities or qualifying organizations. The company must also be, or will be, doing business as an employer in the United States 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.
Qualifications: The company must have a qualifying relationship with a foreign company, such as a parent company, branch office, subsidiary, or affiliate of the foreign company. These are collectively referred to as qualifying entities or qualifying organizations. The company must also be, or will be, doing business as an employer in the United States 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.
L-1B: Intracompany Transferee Specialized Knowledge
L-1B visas are designed for professional employees with specialized knowledge. An example of specialized knowledge personnel would be an individual who possesses proprietary knowledge about a company's product and who travels to the U.S. to impart his/her specialized knowledge to new U.S. employees. In addition, companies who currently do not have an office in the United States can use the L-1B visa to send over an employee with specialized knowledge to help establish one. An L-1B visa is issued initially for three years with one two-year extension for a maximum of five years stay.
Qualifications: The alien employee must have worked abroad for the overseas company for a continuous period of one year within the three years immediately preceding his or her admission to the United States. The employee must have been employed abroad in an executive or managerial position, otherwise known as a qualifying position. In addition, the employee must be coming to the U.S. to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
According to federal law, Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.
Qualifications: The alien employee must have worked abroad for the overseas company for a continuous period of one year within the three years immediately preceding his or her admission to the United States. The employee must have been employed abroad in an executive or managerial position, otherwise known as a qualifying position. In addition, the employee must be coming to the U.S. to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
According to federal law, Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.
FROM L-1A STATUS TO GREEN CARD
Although the L-1 visa is a temporary, employment based non-immigrant visa, it is also a “dual intent” visa, meaning that an L-1 visa holder and their dependents may apply for permanent residency without jeopardizing their L visa status or visa applications from a US consular office abroad. A specific employment-based immigrant preference category (EB-1C) was created for managers and executives who meet the L-1 standards and are interested in becoming lawful permanent residents. The EB-1 category, or first preference immigration petition, is an employment-based petition for permanent residence reserved for those who are among the most accomplished in their respective fields within the arts, sciences, education, business, or sports.
L-1 BLANKET PETITIONS
Often times, very large companies will transfer many employees to the United States using the L-1A visa program. In these situations, the company can file an L-1 Blanket Petition with USCIS to establish the required intra-company relationship necessary to gain L-1A visa approvals. The approval of a blanket L petition does not guarantee that an employee will be automatically granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and on short notice, without having to file an individual petition with USCIS for each employee.
|
Exploring L-Visa Options?Although researching your options and finding the right kind of immigration help can be difficult, it doesn't have to be. At Heller Immigration Law Group, we are skilled in preparing petitions encompassing a wide variety of industries and occupations. We take particular pride in our track record, assisting companies and individuals throughout the Silicon Valley and Greater San Francisco Bay Areas. Our attorneys are available to consult with both employers and employees to discuss their options and responsibilities. Just tell us about your company's or business’ situation or case, and let us do the work for you!
|