Immigration
L-1 Visa
Opening
New Business/Transferring to Existing Business |
Sorry, we cannot help you obtain a
Visa but we sure can show you the guidelines and the requirements
you need for a Visa :
( Please Contact a Lawyer Regarding Any other questions or
issues )
Transferee
must:
>> |
Be
employed in executive or managerial position, or have
specialized knowledge |
>> |
have
held that position for one continuous year in last three
years |
>> |
be
transferring to U.S. to open new office, or fill executive
or specialized knowledge position in existing office |
>> |
supervise
subordinate managers |
>> |
be
a bonafide non-immigrant |
Overseas
Company must:
>> |
be
currently and continue to be engaged in regular systematic
& continuous provisions of goods/services |
>> |
be
in business for at least 12 months |
>> |
be
employing transferee in executive/managerial position
supervising subordinate managers, or be employing transferee
in specialized function in that business |
>> |
provide
current financial statements |
>> |
provide
evidence of recent business conducted |
>> |
provide
evidence of staff employed, recommend at least four full-time
workers |
>> |
provide
management & personnel structure |
U.S.
Corporation must:
>> |
be
a legal entity registered to conduct business in the U.S.
|
>> |
have
identical structure, be owned or controlled in the majority
by foreign corporation |
>> |
be
intending to employ U.S. workers in managerial and subordinate
positions |
>> |
be
registered with Internal Revenue Service for tax purposes
|
>> |
have
lease securing physical premises to house U.S. entity
|
>> |
have
opened U.S. corporate bank account ~New offices must have
sufficient funds to initiate start-up |
>> |
have
U.S. corporation Income Tax Return ~Applies to existing
offices one year or more |
>> |
have
financial projections for at least first year of trading
~Applies to new offices |
Qualification for an L-1 visa is dependent upon being employed
outside the United States, as a manager, executive or person
with specialized knowledge for at least one continuous year
out of the past three years, and transferring to the United
States to be employed in a similar position.
Manager
is defined as a person who:
>> |
manages
an organization, department, subdivision or function |
>> |
supervises
and controls the work of other supervisory, professional
or managerial employees or manages an essential function
|
>> |
has
the authority to make personnel decisions or to function
at a "senior level" |
>> |
has
discretion over the day to day working of the business
or function for which he/she has authority |
Executive
is defined as a person who:
>> |
manages
an organization or a major component/function of that
organization |
>> |
has
authority to establish goals and policies |
>> |
has
a wide latitude in discretionary decision-making |
>> |
is
supervised only by higher-ranking executives, the board
of directors or stockholders of the company |
Specialized
knowledge includes any employee who has:
a
special knowledge of the company product and its application
in international markets or has an advanced level of knowledge
of processes and procedures of the company
General:
>> |
The
United States company to which the employee is transferring
must be a branch, subsidiary, affiliate or joint venture
partner of the non United States employer. |
>> |
The
non United States company must remain in operation for
the term of the L-1 visa. |
>> |
Any
legal form of doing business is acceptable, including
but not restricted to, corporations, limited companies,
partnerships, joint ventures and sole proprietorships.
|
>> |
There
are no quota restrictions on the L-1 visa. Initial visa
will be issued for 1 year (new U.S. business) or 3 years
(U.S. business trading for at least 1 year). L-1A visa
is renewable for up to 7 years and L-1B specialized
knowledge visa is renewable for up to 5 years, providing
transferee and business qualify. |
|
Privileges: |
Limitations: |
-
Transferring
to the United States and working legally for a U.S.
company that is a branch , subsidiary, affiliate
or joint venture partner of a company that is currently
the employer outside the United States.
-
The
employee is not required to perform full-time services
but must dedicate a significant portion of time
on a regular and systematic basis.
-
There is no prevailing wage requirement or Labor
Condition.
-
The
Visa can be issued quickly.
-
Travel in and out of the United States or remain
there continuously until the L-1 status expires.
-
Visas are available for spouses and all unmarried
dependent children under 21.
-
An
executive or manager in the United States Company
holding an L-1 Visa can apply for a permanent residence
through employment and skip a major step of the
process.
-
Upon
entering the United States an I-94 will be issued
for the length of the L-1 approval.
-
Spouses can apply for Employment Authorization Document
(EAD) to work in the United States for a maximum
period of two years.
|
-
Restricted
to working only for the United States employer who
acted as the L-1 visa sponsor and the U.S. company
must be a branch, subsidiary, affiliate or joint
venture partner of the company that is currently
the employer outside the United States.
-
The
overseas parent company must have control in the
form of direct ownership.
-
The
foreign entity must continue in business throughout
the alien's stay in the United States.
-
Transferee must hold executive or managerial position,
or have specialized knowledge.
-
Visas can initially be approved for one year (new
United States companies) or three years if the United
States company has been trading for more than one
year. Extensions of two years at a time may be allowed
for a total of seven years to stay in the United
States, and five years for specialized knowledge.
-
Children reaching the age of 21 and wishing to continue
living in the United States must apply for their
own visa.
-
Unmarried dependent children under 21 cannot apply
for Employment Authorization Document (EAD)
|
We
Would Advice you to Contact a Lawyer on This Subject, so then
you may get a more inside look on the Subject !!!
Thank
you
Text
Taken From :
-http://www.immigrationvisas.com/L-1%20Intracompany.htm
Own
A Dollar Store.com & Discount King. are not responsible
for any misinformation posted here. |
|
