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Monday, 2 March 2015

L1 visa – Intra-company Transferee - Executive, Manager



The L-1Visa is a non immigration entry permit on United States of America. It enables the overseas companies to transfer their key personnel to their US based branches, associate organizations or parent establishments. The relocation may be to either enable better management of the local establishments of the foreign concerns in the country; to train local workers in skills deemed vital for functioning of the foreign company; or to establish a new office for a company not yet having its business establishment in the country.

http://www.abhinav.com/usa-immigration/l-1a-intra-company-transfer-visa-to-usa.aspx
L-1 Visa
This option is by far a very convenient facility for overseas companies as they do not need to apply and reapply for the entry and temporary residence permit again and again, i.e. in general category business entry permissions (temporary), the overseas companies can only get permission only once and that too only for a very short tenure. This poses a very serious hurdle in way of smooth operations.

But the L1Visa Allows Intracompany Transferee Executive Or Manager to be in the country for a period of up to 7 years in total, i.e. the initial tenure of permitted residence is usually 2 years for companies already having their formal business addresses in the country, while the validity of residence tenure on first grant is one year for the companies intending to establish their first office in the country. The companies and the beneficiaries can later apply for and obtain subsequent extensions of 2 years on every renewal up to a cumulative tenure of 7 years.

To qualify for L-1Visa, Transferee Managers and Executives being transferred to the USA must meet certain criteria, like they must be in continuous employment, of the company relocating them, for a minimum period of at least one year in last 3 years immediately preceding the date of submission of application, i.e. the employee who has worked for less than one year must complete one year before being able to apply for shifting. Besides this, the employee must also be either working at the managerial or executive level; or must be having specialist knowledge about the primary business functions of their foreign employers. Furthermore, after being transferred to the US, the employees must carry out functions at the similar level and capacities, i.e. be involved in productive employment. The employees being relocated to the US may not necessarily work full time in this country, i.e. they can work in the USA, as well as their primary locations (overseas office) as per their requirement.

The intra-organizational migration arrangement cover allows the recipients to also include their families, including spouses and children under 21 years of age, in the applications (though separate requests for L2 permits), i.e. in case the dependents are in a foreign country, they must pass through the consulate procedure; and if the dependents are already in the US, they can apply for change in status to L2 by placing a petition for change of status, i.e. I-539 for obtaining L2 permits. The spouses of the transferred employees residing under L2 are allowed to apply for and obtain work permits; and the children can obtain education in country without restrictions. The validity period of the L2 permits is always at par with tenure of L1 permissions, i.e. the stay of spouse and dependents of the main permit holders cannot extend beyond the period of residence granted to the L1 Intracompany Transferee Executives or Managers.

A foreign based company (having offices and in US or intending to establish one) filing for such intra-organizational transfers must satisfy the US authorities that it would comprehensively support its relocated employees in every aspect.

For more Information about this please visit http://www.abhinav.com/usa-visa.aspx and any query, fill out free assessment form http://goo.gl/forms/KANb0Sqds8 one of our consultant will get back to you.

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