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[ The L Visa Category ]
Multinational Executive, Manager, or Specialized Skill Worker


L-1 Intracompany Transferee. This visa is highly recommended because, after a year of substantial business activity by the U.S. branch office, it can lead to permanent residency.

How Do You Qualify?
You can transfer to the United States to engage in a position involving executive, managerial, or specialized knowledge skills. The employer must be transferring you to a subsidiary, branch affiliate of the parent company, and you must have worked abroad at least one year in the past three (3) years immediately preceding the application for admission. This visa permits you to work in the United States for at least five (5) to seven years and has the potential, as mentioned, if you entered as an executive or manager, to qualify for lawful permanent residency or "Green Card." (Specialized knowledge workers are excluded from this benefit.)

What Documents Are Required?
Parent Company (Foreign Entity):

  1. Certified copy of current individual and corporate tax return. If no individual tax return is available, accountant’s letter attesting to at least one year’s past experience in manage rial and/or executive duties;
  2. Documentary evidence showing number of employees at the foreign location and nature of business;
  3. Documentary evidence showing address of foreign company;
  4. Articles of Incorporation for foreign firm;
  5. Current corporate financial statement;
  6. Bank letter (evidence to show that the foreign firm is presently in operation and viable); and
  7. Invoices, brochures, contracts to prove existence and business activities.

Subsidiary (U.S. Entity):

  1. Licenses/permits to operate a United States company;
  2. Lease/deed for United States premises;
  3. Employer’s wage and tax report and copy of quarterly income tax return for United States location. For start-up phase, a Federal Tax I.D. Number;
  4. Stock certificate or documentary evidence showing the exact ownership of the United States and foreign company and evidence establishing the claimed affiliation. The foreign corporation or parent must own over fifty-one (51%) percent of the shares of the U.S. corporation; Note: Affiliates have different ownership structure.
  5. Bank letter (evidence showing authorization and/or trans-fer of funds to the United States from the foreign branch). There should be sufficient funds for the start-up phase; and
  6. Articles of Incorporation with State Charter Number.

Where Do You Obtain Visa?
The L-1 visa application must be filed with the Immigration Service Center where the subsidiary, branch, or affiliate office is located- "Petition for Nonimmigrant Worker" - Form I-129 and L Supplement (Appendix "F"). If all documents are in order, an L-1 approval is issued and this approval must be presented at the U.S. Embassy where the parent company is located to have L-1 visa stamped in the passport or you can remain in the United States under a change of status.

How Long A Stay Will Be Granted?
L-1 visas are given for up to five (5) years for specialized know-ledge and seven (7) years duration for managers and executives. Initially, for a new company, it is granted for one year.

Can Stay Be Extended?
Yes. Up to seven (7) years (except five (5) years for specialized knowledge).

Dependents

Spouse and unmarried children under 21 years old receive an L-2 Visa for the duration of status of initial applicant. This visa authorizes employment for spouse. HINT: If you are eligible for an "E" or an "L" visa, apply for the "L" because it gives you the benefit, in the future, of applying for Lawful Permanent Residency under the Employment Based Category EB-1C.



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