Definition:
- The L-1
intra-company transferee visa allows
executives, managers, and employees with specialized skills to be
transfered from the foreign company to a U.S. office, subsidiary, or
affiliated company to perform temporary services.
ADVANTAGES
Processing
Time
Usually,
the processing time for these petitions is
30-60 days.
Duration
- L-1 visas
last initially 1 to three years with
extensions available in two-year increments. The total stay cannot
exceed seven years.
Permission
to Work in the U. S.
- The
intra-company transferee is allowed to work
exclusively for the U.S. subsidiary or affiliate company.
Spouse
& Children
- The
spouse and children under 21 may accompany the
L-1 visa holder during the period of the transferee status.
Conversion
to Permanent Residence
- In
limited circumstances, L-1 visa for executives
and managers may be converted to legal permanent residence
status.
REQUIREMENTS
Previous
Employment
- The
applicant must have been employed full time by
the foreign "parent company" for at least twelve months during the
three year period immediately preceding the filing of the L-1 visa
petition.
Capacity
Of Employment (Past)
- The
applicant must have been employed as an
executive, manager, or as a specialized skill worker for at least
twelve months during the three years immediately preceding the filing
of the L-1 visa petition.
Capacity
of Employment (Future)
- The
applicant must be employed as an executive,
manager, or as a specialized skill worker for the same company, or its
U.S. subsidiary or affiliate.
Intra-Company
Relationship
- The
current (foreign) and prospective (U.S.)
companies must be either the same company, or related by subsidiary or
affiliate ownership.
LIMITATIONS
Seven
year Limitation
- L-1 visas
cannot be extended beyond a total of
seven years.
New
employees Excluded
- New
employees are not allowed to be transferred
prior to serving one year abroad as an executive, manager, or
specialized skill employee of the foreign parent company.
Foreign
Company's Existence
- There
must be continual existence of the foreign
company during the transferee's stay in the U.S.
Spouse
& Children Not
Employed
- The
spouse and children are allowed to reside in
the U.S. but they are not allowed to be employed.
Intra -
Company Relations
Continue
- L-1 visa
holders are allowed to remain only as long
as the U.S. company qualifies as the same company or subsidiary or
affiliate status with the foreign company.
DOCUMENTS
& FEES NEEDED
TO BEGIN APPLICATION
L
Petition Requirements
- A U.S.
employer or foreign employer may submit the
petition, but a foreign employer must have a legal business entity in
the U.S. The petition must be filed together with the following
documents:
- Evidence
of the qualifying relationship between the
U.S. and foreign companies based on ownership and control, such as:
- An
annual report
- Articles
of incorporation
- Financial
statements
- Copies
of stock certificates
- A letter
from the alien's foreign qualifying
employer specifing his/her:
- Dates
of employment
- Job
duties
- Qualifications
- Salary
- Proof
that the alien worked for the employer for at
least one continuous year in the three-year period preceding the filing
of the petition in an executive, managerial or specialized knowledge
position
- A
description of the proposed job duties,
qualifications and evidence the proposed employment is in an executive,
managerial or specialized knowledge position
- If the
alien is coming to the U.S. to open a new
office, also file the petition with copies of evidence the business
entity in the U.S.:
- Already
has sufficient premises to house the new
office
- Has, or
upon establishment will have, the
qualifying relationship to the foreign employer
- Has the
financial ability to remunerate the alien
and to begin doing business in the U.S., including evidence about:
- The
size of the U.S. investment
- The
organizational structure of both firms
- The
financial size and condition of the foreign
employer
- And,
if the alien is coming as an L-1 manager or
executive to open a new office, such evidence must establish that the
intended U.S. operation will support the executive or managerial
position within one year.
Blanket L
Petition
- An L
blanket petition simplifies the process of
later filing for individual L-1A workers and L-1B workers who are
specialized knowledge professionals.
- These are
persons who possess specialized knowledge
employed in positions requiring the theoretical and practical
application of highly specialized knowledge to fully perform the
occupation and require completion of a specific course of education and
the achievement of a baccalaureate degree in a specific occupational
specialty.
- A blanket
L petition must be filed by a U.S.
employer who will be the single representative between INS and the
qualifying organizations. You must file the petition with copies of
evidence that:
- You and
your branches, subsidiaries and affiliates
are involved in commercial trade or services;
- You
have an office in the U.S. that has been doing
business for one year or more;
- You
have 3 or more domestic and foreign branches,
subsidiaries, or affiliates;
- You and
your qualifying organizations have received
approved petitions for at least 10 "L" managers, executives or
specialized knowledge professionals in the previous 12 months period,
have U.S. subsidiaries or affiliates with combined annual sales of at
least 25 million dollars, or have a U.S. work force of at least 1,000
employees.
- After
approval of a blanket petition, you may file
for individual employees to enter as an L-1A alien or L-1B specialized
knowledge professional under the blanket petition. The petition must be
filed with:
- A copy
of the approval notice for the blanket
petition;
- A
letter from the alien's foreign qualifying
employer detailing his/her dates of employment, job duties,
qualifications, and salary for the 3 previous years; and
- If the
alien is a specialized knowledge
professional, a copy of a U.S. degree, a foreign degree equivalent to a
U.S. degree, or proof of the combination of the beneficiary's education
and experience is the equivalent of a U.S. degree.
The price of
this service is $4,000. $3,000 is
required as a deposit and $1,000 is due upon INS approval.
+ immigration filing fee
+ cost of opening a corporation
+ Tax ID Number cost
+ translation fee if necessary
How to get started?
To request a retainer agreement or to have somebody contact you to
discuss your case, you may e-mail us at:
usavisacenter@yahoo.com
or
you may complete and submit the form below:
Please
Complete All Fields Before Clicking
"Submit"
If you do not
need to speak to us directly, but would like us to send
you a retainer agreement so that our attorney may assist you with your
immigration case, please e-mail us.
If you e-mail us, be sure to
include your:
- Complete
Name
- Complete
Address
- Telephone
Number and the best time to contact with
you
- Type of
Visa you wish to apply for
- Any
additional relevant information
When you
receive the retainer agreement, please
sign it, make a copy for yourself, and mail it back to us at the
address given.
We will
begin your application immediately upon
receipt of the retainer agreement.
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