L-1A Executives and Managers
At the Jain Law Firm, we have handled numerous cases and have the necessary experience involving L-1A Visas. The L-1A Visa allows U.S. companies to bring managers and executives who were employed at least one of the last three years in their affiliated foreign companies.
The L-1A visa is granted for a period of three years and may be extended for a maximum of seven years. The L-1A Visa holders, managers or executives, are eligible to apply for a Green Card without a labor certification application approval. The U.S. employers are not required to go through a recruitment process to see if the U.S. Market has qualified workers who are able to fill the position.
The petitioning U.S. employer must be in a relationship with its foreign parent company, affiliate, branch or subsidiary. The employer will be or is presently conducting a business in the United States as well as another country through the qualifying organization. This business must be in operation during the entire authorized stay of the L-1 beneficiary.
Managerial capacity is described as a person who is able to control and supervise other employees, a subdivision, a particular department or a particular area of the company. Executive capacity is described as an individual who is able to make large scale decisions.
Period of Stay
The maximum allowable stay is one year if the beneficiary is coming to establish the U.S. enterprise. If the U.S. enterprise is already established, then the transferee's authorized stay will be three years. Extensions can be requested in increments of two years twice bringing the total stay up to 7 years potentially.
Family Members of L-1 Holders
The employee's spouse and children who are 21 years of age and under who are unmarried may accompany the transferee as L-2 Visa holders. Spouses are able to work during the authorized L-2 Visa.
An intra-company relationship may need to be determined in advance of the actual filing of the L-1A Visa petition. This can be done with a blanket petition. To qualify, the U.S. employer:
- Must be currently taking part in commercial services or trade
- Had been established for at least one year
- Has at least three domestic and foreign affiliates, subsidiaries and branches
Has to meet at least one of the following:
- Must posses at least ten (10) L-1 approvals in the last year;
- Must possess U.S. subsidiaries that have a combined yearly sales total of $25 million or more OR must employ at least 1,000 people
L-1B Visa: Intra-company Transferees, Specialized Knowledge
At the Jain Law Firm, we have handled numerous cases and have the necessary experience involving L-1B Visas. Employees with specialized knowledge, skills and experience in the company's procedures, systems, services or products may be transferred to it's affiliate entities in the U.S. as L-1B Visa Intra-company Transferee.
The U.S. Employer must have a formal affiliation with the foreign entity as it's parent company, subsidiary, branch, or affiliate. This is referred to as the "qualifying organization." The relationship may be substantiated by evidence that both the U.S. company and the foreign entity are controlled by the same person or a group.
The employee must have worked one (1) year for the foreign organization within the last three (3) years and must be coming to serve in a position that requires special knowledge which the beneficiary has been working in the same capacity. Specific knowledge refers to the beneficiary's special knowledge of a product, service, equipment, management, techniques, or other related interests. Such knowledge or skill is not common and it exceeds the average knowledge or skill level of standard employees within the organization.
Foreign employers transferring an employee with specialized information and specific knowledge must demonstrate the U.S. company's financial ability to commence business and provide salaries for employees.
Period of Stay
A maximum stay of one (1) year is allowed for employees who qualify to enter the U.S. for the purpose of establishing a corporation. Other qualified L-1B Visa employees are allowed to stay up to three years. An extension is granted in two-year increments up to five years maximum for all L-1B Visa employees.
Family of L-1B Holders
The spouse and children under the age of 21 may accompany the transferring employee as L-2 Visa holders. The family members will generally be given the same time period of time to as the qualifying employee. Spouses of L-1B Visa employees may apply for work authorization.