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The L-1 (Intracompany
Transferee) visa category is intended to
facilitate international business by
permitting the transfer of non-U.S. managers
and specialized personnel into the U.S. by
companies with operations in the U.S. and
abroad.
Currently, there
are two types of "L" Visas:
I. L-1A visas for
employees in an executive or managerial
position
Managerial capacity
means an assignment with an organization in
which the employee primarily:
-
manages the
organization, department, subdivision,
function or component
-
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 authority to hire
and fire or recommend personnel auctions
(if other employees directly supervised),
or if no direct supervision, functions at a
senior level within hierarchy or as to
function managed and
-
exercises discretion
over day-to-day operations of the activity
or functions;
Ex: first line supervisors
are not considered to be in a managerial
position unless they supervise other
professionals. Nonetheless, absent
supervision of employees does not preclude
one from qualifying as a manager. Under new
regulations, a person may be considered a
manager even if he is an only employee of the
company, where he utilizes outside
independent contractors or where business is
complex.
Executive capacity
means that employee primarily:
-
directs the management
of the organization or a major component or
function;
-
establishes goals and
policies;
-
exercises wide latitude
in discretionary decision making and
-
receives only general
supervision or direction from higher level
executives, board of directors or
stockholders.
II. L-1B visas for
employees in a specialized knowledge
capacity:
Specialized knowledge is
defined to include the person who has an
advanced knowledge of processes and
procedures (i.e. products, services,
research, management and other interests)
valuable for competitiveness of the company.
The Main Requirements
for L-1 Visas
-
alien must be employed
continuously abroad for 1 of the past 3
years by parent, branch, affiliate or
subsidiary of U.S. company preceding his
application for admission.
-
the company for which
the alien worked abroad and intends to
continue to work in the US may be a firm,
corporation or other legal entity or its
parent, branch, affiliate (including
profit, not-for-profit, charitable,
religious organizations)
-
Alien seeks to enter
the USA temporarily to continue to work for
same employer or its branch, subsidiary, or
affiliate.
Other requirements for a petitioner.
a) Petitioner is
required to demonstrate its ongoing
international nature and that it continues to
do business in the United States and abroad.
b) Must continue to do
business in the U.S. and abroad for the
duration of the Intracompany Transferee's
stay in the United States. (The regulations
also require a qualifying organization to
demonstrate the existence of foreign
operations to which the employee can
reasonably be expected to be transferred at
the end of the authorized stay in the United
States).
c) A qualifying
relationship between the business in the U.S.
and the business abroad must exist. (The
petitioner desiring to bring the alien to the
United States must be "the same employer or
an affiliate or subsidiary thereof" for whom
the alien has been employed abroad prior to
entry).
Family
members. Spouses and/or children under
the age of 21 who wish to accompany or join
the principal visa holder in the United
States for the duration of his/her stay
require derivative or L-2 Visas.
Working on an L-2 Visa:
As a result of a recent change in the law,
spouses of L-1 visa holders may seek
employment authorization on derivative L-1
visas. For further information, please
contact the
USCIS
on your arrival in the United States.
Visa Validity/Time
Limits. L-1 Intracompany Transferee
executives and managers (L1A) may remain in the
United States for up to seven years.
Specialized knowledge personnel (L1-B), however, are
limited to a five-year stay. No extensions
for "extraordinary circumstances" are
permitted.
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