The government of the United
States of America is making possible effort to portray itself as a migrant and
foreign business friendly destination by establishing an elaborate network of
entry permit to serve diverse objectives of aliens entering the country with
different motives. It has set-up a whole array of immigration and
non-immigration type permit system.
L 1 Visa is one such
arrangement clubbed under the nonimmigrant type permit category that has been
designed to help those foreign multi-national companies that intend to shift
those of their primary personnel – to the country – to carry out important
functions at higher level of the management rungs; and those with specialized
knowhow about the processes and products of the companies.
The L 1 Visa allows the
foreign MNCs to nominate their personnel for entry into the country without
obtaining a work permit for them, i.e. the workers being transferred to carry
out their obligations without needing a work permit. The companies, however,
must substantiate certain important conditions. The preconditions are classified
as eligibility parameters for companies and employees – beneficiaries of
permit.
Eligible Company clause
Thisclause is primarily
concerned with substantiating certain statutory parameters; the companies
applying for availing such facility must be in designated relationships with a
US based concern as:
o
A parent undertaking, an associate of the US
based concern; or
o
A wholly owned subsidiary or an agency of a US
based commercial entity;
The company intending to
avail such facility must also evidence its intentions of involving itself in
commercial activity that involved supplying goods and rendering services in the
US markets; and that company would carry out business to extent of the stay of
transferred employees in the country.
Eligible employee clause
The employees being
transferred to the country should be executive or managers – who have been
working in the overseas concern for at least 12 months before the placement of
the application for such permit; and that they would be working in the same
capacity after stepping on the US soil.
Such employees are granted an
L1 – A permit – with an initial grant of 3 years and subsequent 2 year
extension on every renewal – that allows the personnel to stay in the country
for a period not extending beyond 7 years. The employees and the companies must
also make a submission that personnel would depart from the US shores in the
event of attainment of their objectives or expiry of validity or permit,
whichever earlier.
The employees – beingtransferred
to the US as specialist workers – inpossession of specialized knowhow about the
processes or products of the company can be shifted on the basis of the USA L1-
B Visa.
The companies applying for such
arrangements must substantiate that such personnel have been working in the
same capacity for a period of at least 12 months immediately before the date of
filing the applications; and that such personnel would be carrying out their
duties in similar capacities, once they enter the US shores., The validity
period of the L1-B visa is 5 years.
The L1 Visa also allows the
companies to file for a blanket petition, in which they do not need to apply
for and obtain a permit for each individual employee being transferred; they
can obtain permission for nominating a pre-determined number of personnel for
transfer to the US up to a stipulate period of time.
The USA L1 Visa
also allows the qualifying multinational companies – intending to setup their
first office on the US soil to apply for and avail such facility. They,
however, satisfy certain predefined parameters and conditions.
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