The US L 1 Visa is a temporary non immigrant
entry arrangement that enables foreign companies, having their offices in the
country or intending to open one on the US soil, to send their important
employees to manage critical functions at management, executive level, the permit
for this category is defined as L-1 A; or manage operations in a department
considered to be vital for functioning of the company’s business by using their
expertise and specialization, this pathway is defined under category L-1 B. The
employees or beneficiaries entering the country on the basis of this
arrangement do not need to specially procure work permit; and besides this, the
personnel sent to the USA can continue to work in gainful employment. But,
however, the personnel being shifted to the country under this arrangement are
not allowed to work for any entity, except the one transferring them.
An
organization intending to file for entry permission, on behalf of its
employees, under such an arrangement needs to fulfill certain requirements; it
needs to prove to the authorities of the USA that the company applying for this
arrangement is in a bonafide relationship with its American counterpart, i.e.
the American company must have either of the listed relationships with the
foreign entity:
·
It could be a wholly owned subsidiary of the foreign business
organization; or
·
It could be an affiliate of the foreign owned company; or
·
It could be simply a fully operational branch of the foreign commercial organization; or
·
It could be a parent undertaking of the overseas company filing an
application for this non-immigrant permit.
L1
Visa
law also mandates that companies keen to move their personnel on the basis of
this permit should be in a position to substantiate that they would be
providing employment to the locals; and carrying out their commercial
activities till the time, the employees transferred to United States stay in
the country. The definition of the
commercial activities as defined by the statutes implies that activity that
involves full-fledged business operations involving offering commodities and
services in the local market.
The companies keen
set their foot on the American soil, i.e. setup a fresh fully operational
commercial node in the country can also file for the US
L1 Visa and send in their pioneer employees to the country through the
1 - A or 1 - B options. To obtain entry permission under this temporary
arrangement, they must evidence being in possession of a business address in
the country. They must also be able to prove that the office being established
in the country would be in a position to sustain people at managerial or
executive levels; or the people working in critical concept areas of the
company.
Besides all
the above mentioned requirements, companies eager to Apply
For L – 1 Visa ‘A’ or ‘B’ must also prove certain facts in relation to
the employees being transferred to the United States of America, like
·
Personnel being transferred temporarily to the country have been
working at overseas location of the company for at least last 1 year,
immediately before the date of application for this arrangement; and
·
The personnel after being transferred to the country, would work
in same capacity as mentioned in the petition;
·
The company would be responsible for all the expenditure incurred
on the personnel being transferred to the country, i.e. in terms of health,
etc.
Most of
the requirements of this arrangement
are quite easy to comply with as the government of the USA intends to promote
the country as a lucrative and a very competitive business destination.
For help and information on Visas immigration or any other query,
fill this free assessment form http://goo.gl/forms/0eQsIQa83r
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