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TRANSFER
OF FOREIGN EMPLOYEES TO THE UNITED STATES
L-1
Intra-company Transferee
The smooth transfer of your company's key employees to the United States
is always of great concern. Most executive, Managers and employees with
specialized knowledge can come to work in the United States using the L-1
intra-company transferee visa. An introduction to that visa which includes
changes made by the Immigration Act of 1990 is presented here. Be sure to
consult with an attorney experienced in immigration matters to see if this visa
is appropriate for your situation.
Which Companies
Qualify to Transfer Employees to the United States?
Only those companies which exactly meet the Immigration Service's
definitions of a parent, branch, subsidiary or affiliate qualify to petition
for an L-1 intra-company transferee visa. These definitions are very precise
and require an analysis of both the foreign and U.S. ownership of the
companies. Both the foreign and U.S. operations must be doing business for the
entire time that the L-1 employee is working in the United
States.
There are provisions to allow a new office to open in the United States
provided that evidence is submitted to the Immigration Service to prove that
the new office has a suitable place to do business, a qualifying business
structure exists, and that the employer has the ability to pay the employee
and to begin doing business in the United States.
Each case must be well documented with evidence to prove all of the
legal criteria.
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Which Employees Qualify as
L-1 Intra-company Transferees?
Intra-company transferees are executives, managers and employees with
specialized knowledge. The definition of manager includes an employees who
manages an essential function of the business within a qualifying
organization. Specialized knowledge employees must have special knowledge of
the organization's product, service, research, equipment, management, or other
interests, and its application in international markets, or an advanced
knowledge or expertise in the organization's process and procedures.
Classifying the employee in the right category is important, particularly if
the company might later want to sponsor the employee for permanent residence
The intra-company transferee petition always should be structured to allow the
easiest transition to permanent resident status.
A key qualification for all employees is continuous employment abroad
by a qualifying foreign employer for one year within three years preceding the
time of the employee's application for admission into the United
States.
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How Long Can L-1 Employees Remain
in the United States?
The L-1 is a temporary visa with specific Limitations on periods of
stay in the United States.
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If the employee is qualified as a manager or executive, he
or she may remain in the United States for up to seven years.
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If the employee is classified in the specialized knowledge
category, he or she may stay up to five years.
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An exception to these limits exists where the employment
in the United States is seasonal, intermittent or an aggregate of six months
or less a year.
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How Does the Company Get an L-1
Visa for its Employees?
A petition for an L-1 visa must be filed by the company with the
Immigration Regional Service Center having jurisdiction over the place of
intended employment. Except for a company which is opening a new office in the
United States, the initial petition may be granted for a three-year period and
renewed in two-year increments up to the maximum permitted stay. New offices
are limited to an initial twelve-month period with extensions depending on the
business performance of the new office. Once the petition is approved, the
employee may apply for an L-1 visa at a U.S. Consulate abroad. If the employee
is in the United States and maintaining some other legal status, he or she may
apply for a change of status in the United States.
Spouses and unmarried children under 21 years old of intra-company
transferees may be granted L-2 visas. An L-2 visa holder is not permitted to
work in the United States.
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