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L1 Visa
L1 Visa is an intra company transfer visa. It is available to individuals who
either own or are employees of a foreign corporation in which they have worked
for at least one of the prior three years, in an executive, managerial, or
specialized-knowledge capacity. The employer must be a U.S. corporation related
directly, in any one of a variety of ways, to the foreign company. The L-1 visa
is valid for seven years. L 1 visa holders are exempted from the requirement of
having to establish their continued non-immigrant intent, greatly facilitating
the transition to an immigrant employment based visa, leading to a green card.
L-1 VISA REQUIREMENTS for Intra company transfer:
- It can be issued only to an L1-A(Executive, Manager) or to a person with
L1-B(specialized knowledge worker).
- Individuals cannot apply for an L1 visa. Your employer must file a
petition with the U.S. Citizenship and Immigration Services (USCIS) on your
behalf for L1 sponsorship.
- The person must have worked for at least one year within the past three
years and you will be performing duties in the U.S. for the same employer or
an affiliate.
- Maximum limit for L1(A) visa is 7 years for executives, and managers.
And 5 years for people with specialized skills L1(B).
- The L-1 petition must specify, that both the U.S. and the parent company
involved are qualified organizations.
- A letter from US based company, justifying the need of the person.
L-1 VISA REQUIREMENTS for setting up an office in USA:
The requirements are if an individual is sent to set up an office in US
for his company:
- business plan outlining future investment scheme
- all
Articles of Incorporation, Bylaws and share certificates
pertaining to both the U.S. and foreign corporation
- proof
of the aliens qualifications as an executive, managerial, or
specialized-knowledge employee
- proof
of the financial ability of the U.S. corporation to fund the
employment of the proposed employee and the solvency of the
foreign corporation
- in the
cases of newly formed U.S. corporations (less than one year),
evidence of a lease, permits, and other supporting proof of the
viability of the U.S. business
- I-129L
petition approved by BCIS
- evidence, in the form of payroll records, that the employee has
been employed abroad for at least one of the prior three years
Difference between the L-1A Visa and the L-1B Visa
The L-1A Visa is for Managers and Executives. A benefit of being on an L-1A
visa is the ability to apply for a Green Card (Permanent Residence), without
going through the process of Labor Certification, after only one year in L-1A
status. The L-1B Visa is for key employees (accountants, computer programmers,
etc.)
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