THE L-1
INTRACOMPANY TRANSFEREE VISA
One of the most useful visa available
is the L-1. In this area particularly you
should consult with an immigration attorney,
and an attorney with a strong business background
would be incredibly helpful in this situation.
In a perfect world you would already have
your business plan altogether; however,
if you do not have one, a lawyer can help
you create one.
COMPARING AN E VISA AND THE L-1
The difference between the investor-related
treaties, consisting of the E-2 Treaty Investor,
E-1 Treaty Trader, and the L-1 Intracompany
Transferee, is wide. Unlike the 'E' visas
which require you to be from a treaty country,
the L-1 permits any person or entity from
anywhere in the world to apply. A benefit
of the L-1 is that there is not an annual
limit to the number that can be granted.
This is great for companies, because other
visas that have caps may be reached as early
as the first day that the visa is available,
H-1's for example.
Some newer changes makes it easier for
your spouse to work as well. Previously,
your spouse would be required to apply for
their own visa to be able to work. Now,
you can just apply for a work authorization
and your spouse is able to work wherever
he or she wants and change jobs if they
want without a problem.
POSSIBLE JOB POSITIONS
To qualify for an L-1, the employee must
enter the country as a Manager, Executive,
or individual with Specialized Knowledge.
It is best to speak with a lawyer about
your eligibility. An executive is thought
to be brains behind the business. An executive
does not have to be responsible for the
entire company, but usually oversees only
a particular department, function, or operation.
A manager is different because they will
actually run the operation or areas of it.
But it must not be a lower-level management
position. In the ideal situation, the executive
will provide guidance for the operation
while the manager manages the completion
of those tasks on a higher level.
THE COMPANY
The first thing to be considered is the
status of the company. You must have been
employed by a branch, subsidiary, or affiliate
of the parent company for at least one year
out of the past three years. Working at
an affiliate is new to the L-1 visa, and
refers to two companies which are owned
by the same entity or person with a majority
interest in each.
TIME ALLOWED AND NEW OFFICES
A Manager or Executive is permitted to
stay in the country for up to seven years,
but a person with Specialized Knowledge
may only remain for five years. If you are
setting up a new office in the country,
you will usually be granted a visa for only
one year, and then have to renew. You should
have your information carefully organized
and prepared for a renewal, because this
may prove more difficult then receiving
your original L-1.
When opening a new office, the government
will want to see evidence that your business
is real, so they may ask for a number of
items, including proof you purchased or
leased premises, phones, and office equipment
to name a few.
OWNERSHIP AND GREEN CARD APPLICATIONS
If you have an interest in the business,
the USCIS may wander if you really intend
to leave when your visa expires. So you
will need to show that the need for your
position is only temporary. All nonimmigrant
visas are temporary, and so the USCIS must
believe that you will leave the country
at some point in the future. This is in
spite of the fact that he L-1 Intracompany
Transferee visa permits you to apply for
a Green Card as well as remain in the country
while you are waiting.
FOR LARGER EMPLOYERS
There are special procedures for large
companies so that you may bring a large
group of people into the country with what
is known as a ‘blanket’ L-1
visa. In order to do this, the company must
have been in business for at least one year
and have at least 3 branches, affiliates,
or subsidiaries. The second major requirement
is that the business must have either ten
L-1 visas granted in the last year, have
sales of at least $1,000,000 in the United
States, or have more than 1,000 U.S. employees.
One benefit of the blanket visa is that
the worker only needs to have worked abroad
for 6 months.*
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