L-1 Visa for Intra-Company Transfers

L – 1 Visa arrangement is one wonderful arrangement that allows the overseas businesses to relocate their key personnel to offices and locations in United States of America. This arrangement is a very convenient route for those multinational firms who are having commercial relations with a US based business entity as a parent; affiliate; subsidiary; or a branch. The arrangement enables the recipients of the entry permits to enter the country and carry out necessary work in the country without having to obtain a special work permit, i.e. the recipient involved themselves in paid and gainful employment without overriding any norms of non-immigrants. 

The company, intending to send their employees to US, may already be having their business locations in the country, or they may be intending to set up their first office in the country. One primary parameter that all companies must meet perfectly is that the business of supplying goods or services must be carried out consistently, i.e. the offices of the foreign concerns should be fully operational branches and not merely agencies established for sake of presence in the US markets. 

The advent of globalization has led to mushrooming of several MNCs at various locations; and most of these newly born cash rich companies aim to strike it rich and make their presence felt in an economy like the USA. The US being a flamboyant and a large economy has several opportunities for foreign multinational companies. This also provides tremendous opportunities to American companies to forge strategic alliances with overseas concerns and derive maximum benefits. The US government also recognizes these facts; and it does not miss a chance to make necessary adjustments to facilitate home grown firms. L – 1 Visa in all ways is a clear reflection of intent of the US authorities that intend at facilitating overseas concerns interested in forming business relations with US based firms.

Such a move as per many economists is helping the US based companies in many ways, like US companies can gain exposure at global level. Such facilitation also brings around several other attachments and benefits for the local economy in form increased employment opportunities for the local workforce; and boosts business and trade in domestic economy. The business entities entering the country on basis of certain predefined relation definitions are allowed to function freely. But as they need to run their establishments efficiently and effectively, they are allowed to make adjustments in their working strategy. One of the major components in the smooth working involves moving certain people with certain specializations or skills to manage, administer, or train other people for carrying out functions of the business entities in the country. This is where L – 1 Visa arrangement comes in handy as the foreign companies are able to temporarily transfer those employees to the US based locations without much hassles and issues.

                                                             

The overseas companies enjoy the privilege of nominating their key personnel for L – 1Intra – Company Transfers Visa; and relocate them to their US based locations in following capacities:

·         L1 A - Managerial and executive levels – the people deemed to be critical for vital functions of organizations at managerial or executive levels;

·         L1 B - Specialized personnel – the people deemed to be in possession of specialized knowledge about ether product or service concept of the company. These people may monitor the specialized functions and may also train US based workers to carry out functions effectively and efficiently.

The total tenure of this non immigrant entry permit is usually 7 years for L1A and 5 years for L1B. The petitions for this arrangement can be either made by the employer for an individual or in bulk as a blanket requests. 

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L1 Visa to USA for Business

L1 /EB5 –Business Visa - Are you a business owner and would like to open up a new branchy in US. Then send your updated resume at - krishan.abhinav@gmail.com - Or fill the form - http://goo.gl/forms/EfOIZbxYCh
For more updates visit – http://www.abhinav.com/usa-immigration/l-1a-permit-requirements.aspx

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L1 Visa Extension Process

L – 1 Visa is comprehensive system that allows the permit holders to enter the country and carry out duties allocated to them by their foreign employers without obtaining a work permit. The arrangement also enables the applicants to be accompanied by their families, including their spouses and dependent children under 21 in age.

USCIS has made life easy for the people who do not have any intentions of shifting to the US as migrants but they must go and perform some important jobs in the country for their employers in following capacities:

·         On important positions in the organizational hierarchy, like at executive or managerial level, or

·         At some strategically critical positions that need good technical skills and knowledge of company’s products and services concept. These professionals either are travelling to the US to implement some new concepts in the international markets, impart training to the US locals, etc. 

The duration of grant of L – 1 Visa can vary from class to class, i.e. in case the recipient of this permit is going to function in capacity of a manager or an executive, the cumulative duration of the permitted residence is 7 years (under L1A); and if the recipient of the permit is a specialist, the gross duration of permitted residence is 5 years (under L1B). The initial grant under this category can vary on the kind of permit being applied for; and the status of company applying for the permit, i.e.

·         The company already having an office in the country can apply and get an initial grant for the period of 3 years;

·         The organization establishing its first office in the US can get an initial grant of 1 year for its shifting employee.

The companies fulfilling certain parameters can also apply for blanket coverage of L – 1Visa. The organizations intending to obtain blanket permission provided they are able to substantiate that:

·         They are carrying out commercial business in the country for at least last 12 months, i.e. rendering services of supplying goods in local market,

·         They have at least 3 local and overseas offices, and

·         They along with their designated agencies, associates, divisions, or  parent companies fulfill either of the listed parameters:

o    The companies have been granted a minimum of 10 L-1 permits in last 1 year;

o    The combined turnover of the US organizations, their divisions, associates is at least $25 million; or

o    Provide employment to a minimum of 1,000 local inhabitants.

The companies applying for L – 1 Visa must also substantiate that the employees being shifted to the US office would continue working in the same capacity and rank; and would be performing duties similar to what they (recipients) had been doing in the overseas office for at least 1 year in last 36 months immediately preceding the date of submission of petitions. It is also necessary for the companies, filing for this non-immigrant arrangement, to evidence that they would continue to do business in the country to the extent of the validity of granted permit.

The Extension for L – 1 Visa is granted after completion of initial tenure is granted in multiple of 2 years with maximum tenure counting up to 7 years for L1A; and 5 years for L1B. The companies desiring renewal must prove validity of their requests. The companies setting up new offices must substantiate that their office has become fully operational and is in a position to afford the duties and functions of employees shifted to the country.

This renewal of this non-immigrant entry permission arrangement is always conditional, and companies must fulfill all the requirements.

If you are interested, please drop your resume @ krishan@abhinav.com or http://goo.gl/forms/EfOIZbxYCh

For more update visit: http://www.abhinav.com/usa-immigration/l-1a-permit-requirements.aspx

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.

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.

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