Intra-Company Transferee Visas: L-1A & L-1B
Often our office receives calls from abroad, asking us how can we help to get a long term business visa and how much money would be needed for the business. The first choice would normally be an E-1 visa, (treaty trader), or E-2, (investor visa). These visas have to be granted by a Consulate abroad, and the business expenses and the financial worth of the company will be carefully scrutinized. Consular processing is very lengthy. To qualify the applicant needs to be from a country that has investor or treaty trader treaty with the U.S. Lastly business in the U.S. if the applicant is not familiar with U.S. business can be risky.
As an alternative, if conditions apply, we recommend an L Intra-Company Transferee (L-1A or L-1B) visa. If the alien has been employed continuously abroad for one of the last three years by a parent company, branch, affiliate or subsidiary of a U.S. company preceding the application, the alien would qualify. The applicant’s company abroad may form a domestic U.S. corporation and thereby qualify the applicant to come. This is a way for the foreign company to establish a business in the U.S. and transfer the applicant to the U.S. to be an executive or manager or a person who provides the company specialized knowledge.
The advantages of the L visa are many. It‘s not material whether the applicant is paid abroad or here; there is no prevailing wage requirement and whether the transferee is coming for temporary or permanent status is not relevant.
MANAGERS & EXECUTIVES (L-1A) - Executives primarily direct the management policies, has discretionary decision powers, and receives direction from the Boa Directors or the highest level of executives of the company.
Managers manage the organization, or a department, or a function of the business, and supervise the work of the supervisory staff and has the power to hire and fire employees, or recommend personnel action and has discretionary powers over day-to-day operations.
SPECIALIZED KNOWLEDGE L-1B - This employee has special knowledge of the company’s product, service, equipment and techniques, or has an advanced knowledge of the company’s business that is uncommon and that would be difficult for the company to impart to another without significant economic inconvenience to the U.S. or foreign firm. There is no minimal educational requirement for the L-1B. To apply for permanent residence, the L-1B’s company would have to engage in industry standard recruitment efforts to show there is no U.S. employee who can qualify for the position.
MULTINATIONAL EXECUTIVES L-1 MANAGERS - The L-1A has a distinct advantage because if the L1-A applies for permanent residence, no labor certification is required. The offer of employment from the company is still required.
The labor certification procedure is lengthy and complicated because the company must show that the company is unable to find a U.S. citizen or a permanent resident with similar qualifications as the L-1A has and also the company has to show it will be paying the prevailing wage to the employee. Instead since the L-1 has this exemption, he/she may proceed directly to apply for permanent residence. If the quota is not currently available for the applicant’s country, the L-1A may apply for an extension of the L-1A status even though permanent residence status has been applied for. Dual intent exists for persons in the L status.
For assistance in getting a Business visa, please call Tel: 1-866-NEGOCIO
Visas para Comerciantes Estados Unidos