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CONSULTINGS
 
L-1A EXECUTIVE OR MANAGER TRANSFER
WITHIN THE SAME COMPANY
. Business Registration
. Business Plans
. Registration of Marks
. Permits and Licenses
. Notarization of Documents
. Planification Pre-Migratory
. Assessment of acquisitions and
  franchise business
  The L-1A nonimmigrant classification allows US employers to transfer an executive or manager from one of their affiliated foreign offices to one of their offices in the United States. This classification also allows a foreign company that does not yet have an affiliated office in the United States to send an executive or manager to the United States for the purpose of creating an office. The employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee.

The following explains some features and requirements of the L-1 nonimmigrant visa program.
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General Requirements of the Employer and Employee

To qualify in the L-1 classification in this category, the employer must:

• Have an eligible relationship with a foreign company for example head office, branch, subsidiary or affiliate, collectively referred to as eligible organization.;

• You are or will be doing business as an employer in the United States and in at least one other country, either directly or through an eligible organization for the duration of the beneficiary's stay in the United States as an L-1. While the business must be viable, it is not required to be involved in international trade. 

Doing business  means the regular, systematic and continuous supply of goods and / or services by an eligible organization and does not include the mere presence of an agent or office of the eligible organization in the United States and abroad. 

In addition to qualifying, the designated employee must

• Generally, have been working for an eligible organization abroad for a period of one continuous year and within three years prior to admission to the United States; and

• To seek to enter the United States with the intention of rendering services in executive or managerial capacity to a branch of the same employer or one of its eligible organizations.

Executive ability  generally refers to the employee's ability to make wide-ranging decisions without much supervision. Management capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization or a department, subdivision, function or component of the organization. It could also refer to the ability of the employee to handle essential functions of the organization at a high level without the direct supervision of others. See section 101 (a) (44) of the Immigration and Naturalization Act, as amended, and CFR 8 214.2 (l) (1) (ii) for more complete definitions.   

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The establishment of new offices for the company

For foreign employers seeking to send an employee to the United States as an executive or manager, in order to establish a new office, they must also demonstrate that

• Sufficient physical spaces have been secured to inhabit the new office

• The employee has been hired as an executive or manager for a full year within three years of filing the application; and

• The US office provides support for an executive or managerial position within one year of the petition being approved.

Family of employees with L-1 visa
Employees transferred to offices in the United States may be admitted accompanied by their spouse and children under 21 years of age. These family members may apply for admission with an L-2 classification visa, if approved, they will be awarded for the same amount of stay time as the L-1 employee. If these family members are in the United States and request a change of status or extension of stay under the L-2 classification, they can collectively request, at the appropriate rate, the I-539 form. Spouses of L-1 workers may apply for authorization to work with Form I-765. If this request is approved, there are no specific restrictions on the type of work.

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L1 VISA:
TRANSFER OF OWNERS, PARTNERS, EXECUTIVES OR EMPLOYEES OF A COMPANY REGISTERED ABROAD TO A COMPANY IN THE UNITED STATES.

What is the L1 Visa?
The L1 visa, or "Executive Visa", is precisely that one which is reserved for owners, executives, managers or supervisors of companies abroad that register a subsidiary company in the United States. If this foreign company wishes to transfer one of its executives, owners or supervisors to the United States, it must request an L1 Visa to supervise the commercial operations of the branch to be registered in the United States.

What are the benefits of the L1 Visa?
• The executive who is being transferred and his or her family group (spouse and unmarried children under the age of 21) may legally live, work and study in the United States.

• The L1 Visa gives you flexibility to enter and leave the United States when you want or need it.

• Unlike other types of visas, such as tourist, there are no restrictions or limits to stay in the United States.

• This type of visa allows the applicant and his or her family group to opt for permanent residence in the United States in approximately two and a half years,
  provided that immigration requirements are met.

• The processing of this type of visa is much cheaper than other types of visas, and such as Visa E (or investor visa), where immigration asks the specific
  amount of investment to opt for it. In short, in the case of VISA L1 you should not make a minimum investment to opt for it.

• There is a clause with this type of visa that allows the subsidiary in the United States to have an object other than the parent company abroad. This means
  that, for example, if you have an overseas construction company or country of residence, your business in the United States may be, for example, a restaurant.

• The L1 Visa allows you to process multiple applications using the same company.

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The objective is for the executive to apply for residency within the first few years, before the expiration of the seven-year term. For this, it is important that the company meets each and every one of the requirements required by Immigration.
General Requirements to opts for the L1 Visa
• The company abroad must have at least two years of operation and at least four employees.
• The executive to be transferred must appear on the company's payroll abroad for at least one year.
• The applicant must have an administrative charge within the company abroad, which must be demonstrated in an organization chart.
• The company abroad must have at least four employees.
• The company abroad must be economically active. This means that you must register business activity today. Even if it does not show profits.
• Before applying for the L1 Visa, the company in the United States must necessarily be ready to begin its business operations. This means that it must have a commercial office (even a small office), state and federal registration, bank accounts, licenses and occupational permits and, most important, the Business Plan from which Martorell’s Office Group Corp will be responsible for to elaborate.

You should only be in charge of providing us the documentation of your company abroad or country of residence. We at Martorell's Office Group Corp will handle all the paperwork in the United States. From your company registration, obtaining licenses and permits, searching for office or local, preparing Business Plan and until the end of the process, Martorell’s Office Group Corp will advise you until you and your family group obtain their visas. 
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DOCUMENTS TO BE CONSIGNED

In order for the L1 Visa to be approved by the Immigration Department, the applicant must provide documentation at three levels: personal, corporate, and other corporate in the United States. What is sought is to justify to the Department of Immigration the transfer of the executive from the country where the mother company is to the United States..

The first thing to do is to answer the Questionnaire for the Business Plan, which you will find in the attached files that we will send you. This questionnaire will allow us to start arming your file and give us vital and detailed information about your company abroad, which we need for the preparation of the Business Plan, an indispensable requirement for Immigration.

You will find the necessary documents in the following list that we will send to your electronic mail. Also we will attach the Checklist that will allow us to take control of the appropriation of the collections. We would like to remind you that Martorell’s Office Group Corp will take care of all the procedures that must be done in the United States.
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