INTRA-COMPANY TRANSFER VISAS

 

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The L-1 Visa

It works like this: You establish a U.S. affiliate of your foreign company, and this affiliate requests you to come to the U.S. as its manager. You can form the affiliate either by starting your own business, or by purchasing an existing business of proven track record in the U.S. You live in the U.S. on an L-1 Visa and manage the affiliate's operations on for at least one year. After successful operation of your US business for at least one complete tax cycle, you may apply for full Green Card rights.

If you purchase an existing U.S. business as your U.S. affiliate, you may be able to finance this purchase for 50% or more, using the newly acquired business and your foreign business as collateral.

You and your family may live in the U.S. from about 6 months after you begin the program. You can work in the U.S. as the manager of your U.S. company, but your family members may not work here until Green Card rights are granted.

L-1A International Manager/Executive Visa

The L-1A visa allows personnel to come to the U.S. to work in managerial or executive positions, at its related business in the U.S., or to oversee the opening of a new entity in the U.S. which is affiliated with the non-U.S. entity.

What are the Requirements of an L-1A Visa?

An L-1A visa application must meet three requirements:

• The petitioning U.S. company must be an affiliate, branch or subsidiary of a foreign based company.
• The applicant must be employed at the company abroad for at least one of the three previous years at a managerial or executive level before the visa application is filed.  Time spent in the U.S. on temporary assignment or as a trainee of the foreign firm does not count toward one year of employment with the company abroad; and
• The employee must be coming to work at the U.S. Company as an executive or manager.

A "manager"does the following:

• Manages a function, organization, subdivision or department
• Supervises and controls the work other managerial, professional or supervisory employees or manages an “essential function.”
• Makes personnel decisions or functions at a “senior level,” and
• Has discretion over the day-to-day working of the business or function for which he has authority

An “executive” does the following:

• Establishes goals and policies
• Is supervised only by higher-ranking executives, board of directors or shareholders of the company
• Manages a department, function, organization or department

The foreign and U.S. companies must be related.  If either controls the other, the companies may qualify for L-1A visa.  Control can be direct or indirect.

“Ownership” can be any of the following:

• Both U.S. and non-U.S. entities are controlled by the same person or entity
• One company owns more than 50% of the other affiliated entity

How Long is an L-1A Visa Valid?

If you come to the U.S. to oversee the opening of the U.S. company, you will be admitted for one year initially.  If you come to work at an established company in existence for more than 1 year, you will be admitted for three years initially.  An L-1A visa may be extended for a total of seven years.

L-1B Visa International Employee with Special Knowledge

The L-1B visa is for persons employed for at least one of the previous three years at a non-U.S. corporation, form or other legal entity, who will come to the U.S. to work at its related entity in the U.S. as an employee who has specialized knowledge. The National Visa Service Legal Department can prepare and submit the L-1A visa application for you if your are presently in the U.S. in status or outside of the U.S.

What are the Requirements of an L-1B Visa?

An L-1B visa application must meet three requirements:

1. The petitioning U.S. company must be an affiliate, branch or subsidiary with the company abroad;
2. The applicant must be employed at the company abroad for at least one of the three previous years at a managerial or executive level before the visa application is filed with the INS.  Time spent in the U.S. on temporary assignment or as a trainee of the foreign firm does not count toward one year of employment with the company abroad; and
   
3. The employee must be coming to work at the U.S. Company to utilize specialized knowledge. An employee with “specialized knowledge” has either of the following:

An advanced level of technical or professional expertise, and proprietary knowledge of the organization's strategies, products, services, technologies or any other corporate function essential to the successful operation of the U.S. company; or

A specialized knowledge of the company's product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.

The foreign and U.S. companies must be related.  If either controls the other, the companies may qualify for L-1A visa.  Control can be direct or indirect.  “Ownership” can be any of the following:

1. Both U.S. and non-U.S. entities are controlled by the same person or entity
2. One company owns more than 50% of the other affiliated entity

How Long is an L-1B Visa Valid?

If you come to the U.S. to oversee the opening of the U.S. Company, you will be admitted for one year initially.  If you come to work at an established company in existence for more than 1 year, you will be admitted for three years initially.  An L-1B visa may be extended for a total of seven years.

Who Qualifies for an L-2 Visa?

The L-2 visa is issued to the spouse and children of an L-1 visa holder. Application may be made by submitting Form DS-156 to the U.S. Consular office where you live.  The consular officer may require additional documents to verify the purpose for obtaining the visa.

What are the Requirements of an L-2 Visa?

The L-2 visa is issued to spouses and unmarried children of the L-1 visa holder.  You must be able to show the relationship to the L-1 visa holder.

How Long is an L-2 Visa Valid?

You are admitted to the U.S. for the same length of time of the L-1 visa holder that you are accompanying or following.

Who Qualifies for an L Blanket Visa?

The L blanket multiple visa may be issued to large organizations with a previous volume of “L” activity or that satisfy certain size conditions may submit one L blanket application for multiple L-1A and/or L-1B visa candidates employed by the organization.

What are the Requirements of an L Blanket Visa?

Managers and executives who qualify for L-1A visas and professionals with specialized knowledge who qualify for L-1B visas may be admitted under an L Blanket without the need for the petitioning company to make individual applications for each employee.

The petitioning company, its branches, subsidiaries, affiliates and its parent company may qualify for an L Blanket if the following requirements are met:

• The petitioner and each entity are engaged in commercial services or trade;
• The petitioner has an office in the U.S. and has been doing business for at least one year or more;
• The petitioner has three or more domestic and foreign branches, affiliates or subsidiaries; and  

The petitioner and other qualifying organizations have at least one of the following: 

• Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million;
• Have a U.S. work force of at least 1000 employees
• Have obtained approval of petitions for at least 10 “L” managers, executives, or specialized knowledge professionals during the previous 12 months

How Long is an L Blanket Visa Valid?

L Blankets are valid for up to three years and may be extended indefinitely.