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INTRACOMPANY
TRANSFEREE VISAS (L-1 VISAS)
One area of immigration law that has remained basically
the same for the past 5 years is that of the intracompany
transferee visa. This is visa that is limited to corporations
that have a U.S. presence with an affiliated foreign
entity. The corporate relationships can be either parent/subsidiary,
affiliated entities, joint ventures, etc.. If the relationship
has existed for more than one year, there are also permanent
residency options available to the foreign national.
This visa allows the foreign national to work for the
U.S. entity for up to 7 years in the nonimmigrant, L
visa category.
The basic requirements for the visa are as follows:
| 1 |
There must be a U.S. entity which has a corporate
relationship to a foreign entity; |
| 2 |
The transferee must have been employed either in
an executive or specialized knowledge capacity for
at least one of the past 3 years; |
|
3 |
The transferee must be coming to the U.S. to work
in a similar capacity for the U.S. entity; |
|
4 |
If the transferee is coming to work in a managerial
or executive capacity, they must be managing other
supervisors or a function of the business. |
The advantages
of the visa are as follows:
| 1 |
There is no minimum investment for the corporate
set up in the U.S. as with an investor visa. |
| 2 |
If the job is executive or managerial in nature,
residency is fairly simple to obtain as no labor
certification is necessary. |
|
3 |
If a spouse is accompanying the employee, they are
eligible for an employment authorization document
to work in the U.S.. |
|
4 |
The INS can premium process this petition within
15 days. |
If you
are interested in obtaining more information with regard
to the L-1 visa, please contact us at info@arjlaw.com.
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