Intra-Company Transferee L â€“ 1
Hart Immigration will process your companyâ€™s L-1 petitions or blanket petition and will interface with your executives, managers or employees with specialized knowledge to ensure the fastest and smoothest entries into the U.S.
The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. parent office, branch, subsidiary or affiliated company. This visa is sometimes referred to as the â€˜intra-company transfereeâ€™ visa.
To obtain an L-1 visa, the employee must be able to prove that s/he has worked for the company abroad for at least one full year within the last three years as an executive, manager or employee with specialized knowledge.
If your company has filed a blanket L, you need only have worked for the foreign company for 6 months prior to filing for an L-1 visa.
This visa comes in the following categories:
Upon temporary entry into the U.S., the transferred employee will continue to work for the same employer, its subsidiary or affiliate. Full-time employment is not required but the employee must contribute most of his/her time on a regular basis and work as a manager, executive or apply his/her specialized knowledge.
An L may be transferred from one U.S. subsidiary to another but a new I-129 petition must be filed.
The employee may also apply for a lawful permanent resident visa while in L-1 status.
L-2 Visas (Spouse and Children of L-1s)
Your spouse and unmarried children under the age of 21 are allowed to join you in the United States under L-2 status. The spouse is allowed to work. The spouse and children can attend school or college.
The employer firm, corporation or other legal entity may be a for-profit, non-profit, religious or charitable organization.
Both U.S. and foreign companies must be active.
The foreign and U.S. subsidiary companies do not have to be in same business.
There is no size limitation of the companies.
Unlike Eâ€™s, there is no country limitation â€“ in other words, no treaty countries.
The parameters of the foreign organization and its affiliate or subsidiary in the United States are depicted in terms of their relationship.
The following relationships will qualify the subsidiary organization to petition an L-1 employee:
Although special requirements apply, an employee may also be a sole stockholder, a majority or substantial stockholder of the U.S. corporation and/or its foreign counterpart, or a sole proprietor.
Managerial Capacity, defined
The term â€œmanagerial capacityâ€ means an assignment within an organization in which the employee primarilyâ€¦
Executive Capacity, defined
The term â€œexecutive capacityâ€ means an assignment within an organization in which the employee primarilyDirects the management of the organization or a major component or function of the organization;
If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual shall not be considered to be acting in a managerial or executive capacity (as previously defined) merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.
Specialized Knowledge defined
Specialized knowledge means special knowledge possessed by an individual of the petitioning organizationâ€™s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organizationâ€™s processes and procedures.
To serve in a specialized knowledge capacity, the alienâ€™s knowledge must differ from or surpass the ordinary or usual knowledge of an employee in the particular field, and must have been gained through significant prior experience with the petitioning organization. A specialized knowledge employee must have an advanced level of expertise in his or her organizationâ€™s processes and procedures or special knowledge of the organization which is not readily available in the United States labor market.
Some characteristics of an employee who has specialized knowledge are that he or she:
If hired by an agency, an out-sourced employee although working and directed by the affiliate will not be considered an employee of the affiliate for L-1 purposes.
L-1 employment does not necessarily depend upon an amount of pay or existence of a salary. The key element is the power of control by the foreign companyâ€™s office in the U.S. over its employeeâ€™s activity rather than salary. For example, a non-salaried chairman can qualify as an L-1. Further, unlike the H-1B, there is no prevailing wage requirement. The greatest concern is whether the prospective employee would become a public charge.
The requirements for a petitioner to be granted blanket approval are as follows:
Hart Immigration provides immigration services in Los Angeles, Orange County, and surrounding areas.