Today, transnational corporation ordinarily have numerous subsidiaries, affiliates, and branches throughout the world. Subsequently, clubs may need to temporarily exchange a high-ranking or uniquely talented worker to an affiliate in someone else country to cope some specialized business.
The Uscis has created an immigration explication for these definite situations. The L-1 classification allows foreign nationals employed surface of the U.S. To enter the U.S. And work for a qualifying subsidiary, affiliate, or etc. There are two types of L-1 classifications available: (1) L-1A, for individuals employed in a managerial or administrative capacity, and (2) L-1B, for individuals with specialized knowledge capacity.
Generally, the Uscis initially grants an personel L-1 status for three years. However, an individual's L-1 status will initially last only one year if he or she is entering the U.S. To work for a start-up company. Once in L-1 status, an personel can expand their status after the initial duration expires. Individuals in L-1A status can expand their status for up to seven years, while individuals in L-1B status can expand their status up to five years. Note that since all employees are hired on an "at-will" basis, the L-1 U.S. Manager is not required to reserve the worker for the entire seven or five year period. Finally, if the employer/employee relationship endures for the entire L-1 period, the personel must spend one full year surface of the U.S. Before her or she is eligible to apply for a new duration of L-1 status.
Once granted L-1 status, an individual's spouse and children are eligible for L-2 derivative status. Individuals in L-2 status are not authorized to work unless they apply and receive an employment authorization. Card. However, the Uscis allows individuals to attend a U.S. School without changing his or her immigration status.
Requirements
An L-1 candidate must supply the Uscis with (1) proof of employment with a qualifying U.S. Company; (2) proof that the L-1 Manager generates adequate enterprise to hire the candidate; and (3) evidence that the candidate will be engaged in a "managerial or administrative capacity" or "specialized knowledge capacity." These three requirements are explored in added detail below.
Proof of Employment with a Qualifying Company
The L-1 candidate must be employed with the petitioning company's affiliate, parent, or subsidiary for a continuous duration of one-year within the three-years prior to filing the motion or entry into the U.S. This employment must have been in whether a managerial/executive capacity or specialized knowledge capacity.
The candidate then must submit the required supporting documentation about the petitioning employer:
o Evidence that the enterprise abroad and the petitioning enterprise are related. The significant issue is whether whether of the clubs exercise control over the other company. This is a relatively flexible requirement, as even a 50/50 joint venture qualifies;
o Detailed written report of the petitioning company's business, including its history, facilities, resources, and organization;
o report of the company's employees along including job titles and duties;
o Evidence that the enterprise will continue to do enterprise abroad while the candidate's U.S. Employment; and
o Documents evidencing the company's corporate organization and long-term financial viability.
Doing enterprise in the United States
The L-1 candidate must also contain evidence that the petitioning enterprise is engaged in adequate enterprise to hire the candidate, including:
o Detailed report of the company's U.S business, including history, amount of employees, locations, and any marketing materials. This is especially prominent if the enterprise is a start up business;
o Corporate documents such as financial statements, incorporation documents, and Sec reports;
o Evidence of assets such as corporate bank list statements;
o Copies of lease or purchase options for buildings or spaces;
o Detailed report of the company's employees, including resumes, job titles, and job offer letters; and
o Name and title of officer who will sign forms.
Managerial or Specialized Knowledge Capacity
After the candidate establishes proof of employment with a qualifying U.S. Company, he or she must submit documentation that the candidate qualifies for whether an L-1A or L-1B classification.
The candidate qualifies for an L-1A classification if (1) he or she is employed in a "managerial" capacity, meaning that the candidate primarily supervises or controls the company's day-to-day operations, or (2) he or she is employed in an "executive" capacity, meaning that the candidate makes the company's full, enterprise and course decisions.
An L-1B classification may be accepted if the candidate possesses "specialized knowledge" significant to the company's enterprise affairs. This is a relatively broad classification as it can contain specialized knowledge of a company's machinery or operations, or if the personel has expert knowledge on a a company's processes and organization.
Additionally, L-1A and L-1B candidates may also contain the following supporting documentation:
o Evidence of higher education, including degrees, diplomas, transcripts;
o Detailed resume evidencing the candidate's continuous employment with the enterprise for one-year within the three-years preceding the filing of the petition;
o Evidence that the candidate was employed in whether a managerial/executive or specialized knowledge capacity abroad, and that the candidate will continue this employment in the U.S.;
o The candidate's salary/compensation abroad and in the U.S.;
o Corporate organizational charts detailing where the candidate is employed in the corporate hierarchy;
o Copies of passports and any other supporting documentation.
Filing Procedures
To apply for L-1 status, the candidate must file an I-129 form with the Uscis, along with the supporting documentation listed above. Note that individuals employed surface of the U.S. Are advised to attain an L-1 visa before her or she begins employment with a U.S. Affiliate. This is because although an personel may be granted L-1 status, that does not necessarily mean an personel has an L-1 visa. Therefore, though the personel may be allowed to stay in the U.S., he or she cannot voyage until they get a visa at the accepted consulate. To avoid any such inconveniences or legal problems, individuals should get a visa before beginning employment in the U.S.
The making ready of an L1 visa or any kind of visas requires a good comprehension of immigration laws and regulations. There are other prominent issues not covered in this report with regard to L1 visas such as the motion to get a work permit for L2 dependents and L1 blankets. One should consult a licensed and experienced immigration lawyer before sharp send with any immigration case(s)
If you have any questions or concerns, you should touch an experienced immigration attorney for added details. Our office has ready many similar applications, feel free to touch us on (510) 742 5887, should you need any added information.
The data contained in this report is provided for informational purposes only, and should not be construed as legal guidance on any field matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the report without seeking the accepted legal or other pro guidance on the single facts and circumstances at issue from an attorney licensed in the recipient's state. Shah Peerally is the managing for the Law Offices of Shah Peerally located in Fremont.
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