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The L-1 intra-company transferee visa is available
to aliens who have worked abroad for one continuous
year within the preceding three years in an
executive, managerial, or specialized knowledge
capacity who are being transferred temporarily
to the U.S. to work in a similar capacity for
the parent, branch, subsidiary, or affiliate
of the same organization. Evidence of the qualifying
relationship, proof of employment abroad and
a detailed description of the job duties, qualifications
and requirements will be required by USCIS to
approve the petition. The spouse and children
under 21 are allowed to accompany the L-1 visa
holder during the period of the transferee
status and can be employed.
Manager Defined:
- Manages
the organization,
or a department,
subdivision, function or component
of the organization;
- Supervises and
controls
the work of other supervisory,
professional,
or managerial employees, or
manages an
essential
function
within the organization,
or department
or subdivision of the organization;
- Has the
authority
to hire and fire
as well as
other personnel actions.
Executive Capacity Defined:
- Directs
the management of the organization
or a major
component or function of the organization;
- Establishes the
goals
and policies of the
organization, component
or function
- Exercises
wide
latitude in discretionary
decision-making;
and
- Receives
only general
supervision or direction
from higher level
executives,
the board of directors
or stockholders of the organization.
Specialized Knowledge Defined:
Special knowledge
is knowledge possessed by an individual
of the petitioning organization’s
product, service, research, equipment,
techniques, management, or other interests
and its application to international
markets, or an advanced level of knowledge
or expertise in the organization’s
process and procedures.
Conversion to Permanent Residence
In certain circumstances,
it may be possible to convert the L-1
visa for executives and managers to
lawful permanent residence status. However
the applicant must initially show that
they intend to depart the U.S. when
the stay is over.
Time Limitation
Individual petitions
may be granted for up to three years,
with a possible extension of two years
for all L’s and another two years
beyond that for all executives and managers.
Business Abroad Must
Continue
The petitioner must
be doing business in the U.S. and at least
one other country for the duration of
the stay. Both the U.S. and the foreign
company must be active.
New Businesses
Persons coming to
open up a
new office in the U.S. will only be
granted a one-year stay in the
US. The USCIS
also typically requires additional information
about the plans
for the new
office such as proof that office space
has been obtained, a business
plan has
been developed, the applicant has had
the appropriate experience with
the foreign
company and that the foreign company
will remain in existence during
the full
period of the applicant's transfer to
the U.S.. If the company wants to
have the
L-1 visa extended beyond the initial
year, it will have to demonstrate
that it has
proceeded with the plans outlined in
the initial petition.
The USCIS will scrutinize
cases where
the transferred employee also has an ownership
interest
in
the company, since the USCIS may
not
believe the owner intends to ever leave
the U.S. The U.S.
employer
will need to show that the firm's need
for the
transferee
is not indefinite and that the transferee's
foreign
business interests are a strong
lure
for the person to return home upon
the
expiration of the transferee's stay in
the U.S. PETITION REQUIREMENTS
A U.S. employer or
foreign employer
may file the petition, but a foreign
employer must have a legal
business
entity in the U.S. The petition must
be filed with:
- Evidence
of
the
qualifying relationship between the
U.S.
and foreign employer 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 detailing
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 capacity;
- A description of
the proposed
job duties, qualifications and evidence the proposed employment is
in an executive,
managerial or specialized knowledge capacity
If
the alien is coming
to the U.S.
to open a
new office,
the petition
must include
evidence the business
entity is
in the U.S.
and;:
· 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 Petitions
In the event a company
wishes to send a large number of applicants
to the U.S. there is a procedure available
to reduce USCIS filings.
To qualify the company must meet the
following requirements:
- The
U.S. and foreign
company
must be engaged in commercial service
or
trade;
- The U.S.
company must
have an office
in the U.S.
for at least one year;
- The
employer
must have at least
three domestic
or foreign
branches,
subsidiaries or affiliates;
-
The
Employer must show one of
the
following:
- at least ten L-1
visas were approved in the last
year;
- the company had U.S.
sales of at least 25 million, or
- have at least 1,000
workers U.S. workers.
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