Most executives, managers, and employees with specialized knowledge can come to work in the United States using the L-1 intracompany transferee visa.
The L-1 category is suitable for employers that meet the statutory definition of a parent, branch, subsidiary, or affiliate qualify to petition for an L-1 intracompany transferee visa. Both the foreign and US operations must be doing business for the entire period 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 USCIS to prove that the new office has a suitable place to engage in business in the United States.
The smooth transfer of your company's key employees to the United States is always a great concern. An experienced immigration attorney can assist your company and their qualified employees navigate the regulations required for L-1 visas and assist in every step of the visa process.
The Law Offices of Fariba Faiz offer expertise in with all areas of employment-based immigration matters, including L-1 Intracompany Visas.
Advantages
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Availability
There are no quotas required and an employer may file the L-1 petition at any time.
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Family members and employees
Spouses, unmarried children under the age of 21, and eligible employees may be granted entry to accompany the principal visa holder.
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Spouse
The spouse of the L-1 employee is eligible for a work permit.
Eligibility Criteria
To be eligible for an L-1A visa, the Intracompany transferees must be an executive, manager, or an employee with specialized knowledge (L-1B). Functional managers are included in the definition of manager as long as they manage 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. Classifying the employee in the right category is imperative, especially if the company decides to petition the employee for permanent residence at a later time.
A key qualification for all employees is continuous employment abroad with the qualifying foreign employer for one year within the three years preceding the time of the filing of the petition for the L-1 visa.
