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Two
distinct categories of the Intra-Company
Transferee Visa (L-1) are available to foreign
owned parent companies intending to transfer
personnel to its United States subsidiary or
affiliate office. The first category is the
L-1A Visa available to Executives and Managers
of the company, and the second category is the
L-1B available to employees of the company
possessing specialized knowledge.
L1-A
Visa
The
purpose of the Intra-Company Transferee -
Executives, Managers L-1A Visa is to allow
executives and managers with specialized
knowledge who work for a foreign corporation,
large or small organization, partnership or
sole proprietorship, which has effective
control over a United States business entity,
to be employed on a temporary basis by the
United States controlled entity.
The
L-1 Intra-Company Transferee Visa is essential
for a foreign corporation attempting to
establish itself and its personnel in the
United States. The L-1A is issued to foreign
nationals who have been employed outside the
United States by a qualified company for one
out of the three previous years in a
managerial or executive position. Foreign
nationals must be entering the United States
to work for a subsidiary, affiliate or branch
of the same company with which they were
employed outside the United States. In many
cases the foreign nationals do not possess the
necessary United States Affiliate. This
obstacle may be overcome by foreign nationals
who own companies outside the United States,
in which they are executives or managers,
forming an American corporation and thereby
becoming eligible for the L-1A Visa.
L1-B
Visa
The
L1-B Intra-Company Transferee - Employees
allows employees with specialized knowledge
who work for a foreign corporation, large or
small organization, partnership or sole
proprietorship, which has effective control
over a United States business entity, to be
employed on a temporary basis by the United
States controlled entity.
Executives
and managers with specialized knowledge who
work for a foreign corporation, large or small
organization, partnership or sole
proprietorship, which has effective control
over a USA business entity may apply for an
L-1A Visa. Employees with specialized
knowledge who work for a foreign corporation,
large or small organization, partnership or
sole proprietorship, which has effective
control over a USA business entity may apply
for a L-1B Visa.
Managerial
Capacity
Managerial
capacity means an assignment within an
organization in which the employee primarily;
(a) manages the organization, or a department,
subdivision, function or component of the
organization;
(b) 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;
(c) has the authority to hire and fire or
recommend those as well as other personnel
actions (such as promotion and leave
authorization) if another employee or other
employees are directly supervised, if no other
employee is directly supervised, functions at
a senior level within the organizational
hierarchy or with respect to the function
managed; and
(d) exercises discretion over the day-to-day
operations of the activity or function for
which the employee has authority. A first-line
supervisor is not considered to be acting in a
managerial capacity merely by virtue of the
supervisor's supervisory duties unless the
employees supervised are professional.
Executive
Capacity
Executive
capacity means an assignment within an
organization in which the employee primarily;
(a) directs the management of the organization
or a major component or function of the
organization;
(b) establishes the goals and policies of the
organization, component or function;
(c) exercises wide latitude in discretionary
decision-making; and
(d) receives only general supervision or
direction from higher level executives, the
board of directors, or stockholders of the
organization.
Specialized
Knowledge
Specialized
knowledge means special knowledge possessed by
an individual of the petitioning
organization's product, service, research,
equipment, techniques, management, or other
interests and its application in international
markets, or an advanced level of knowledge or
expertise in the organization's processes and
procedures. Whereas a "Specialized
knowledge professional" means an
individual who has the specialized knowledge
referred to above, and is a member of the
professions as defined in section 10(a)(32) of
the Immigration and Nationality Act.
Employed
by Foreign Parent Company
The
applicant must have been employed by the
foreign "parent company" for at
least one year of the three years prior to
filing an L-1A application. New employees may
not be transferred prior to serving one year
abroad as an executive or manager. There is no
minimum investment requirement as long as the
United States company is a viable commercial
entity and has sufficient funds to pay the
salaries of its transferred employees.
The
United States office does not have to be
involved in the same line of business as the
foreign parent company, and the foreign parent
company must continue to do business overseas
while the manager or executive is working in
the United States on an L-1A Visa. There must
be continued existence of the foreign
"parent company" during the
transferee's stay in the United States.
Duration
of Visa
The
processing time of an L-1A Visa by Immigration
and Naturalization Services may be as little
as 3 weeks or as long as 6 months. In a newly
formed United States company, the L-1 Visa is
initially issued for one year to allow the
company to commence operations. Thereafter,
the L-1 Visa is granted for a period of from
one to three years. The L-1B Visa may be
renewed for a total period of time not to
exceed five years. The L-1A Visa may be
renewed for a total period of time not to
exceed seven years.
Spouses
and Dependant Children
Spouse
and dependant children under 21 are allowed to
accompany the L-1 visa holder, but must each
apply for and obtain their own L-2 Dependant
Visas. The spouses of L-1 visa holders, and
their children, may reside in the United
States during the term of the principal L-1
Visa, but are not permitted to work in the
United States.
Permanent
Residence
Managers
or executives transferred to the United States
through an international organization easily
qualify for green cards or permanent
residence. Although the L-1A Visa has a
maximum duration of 7 years, after a period of
one year in business in the United States, the
company may petition to obtain a Permanent
Residence Visa or Green Card for its
executives. Many corporate managers and
executives fail to take advantage of this
opportunity during their employment, and to
late discover they do not qualify for
permanent residency after their retirement.
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