L-1A VISA
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L-1A TRANSFER OF EXECUTIVES OR MANAGERS WITHIN A SAME COMPANY
The L-1A non-immigrant 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 affiliate 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 Non-Immigrant Worker, on behalf of the employee.
The following explains some characteristics and requirements of the non-immigrant visa program L-1.
non-immigrant visa L-1
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 (central office, branch, subsidiary or affiliate, collectively referred to as eligible organizations).
• Currently, or will be doing business as an employer in the United States and in at least one other country, 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 provision 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 into the United States.
• Attempt 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 capacity generally refers to the employee's ability to make wide-ranging decisions without much supervision. Managerial capacity generally refers to the employee's ability to supervise and control the work of professional employees and manage the organization or a department
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 (central office, branch, subsidiary or affiliate, collectively referred to as eligible organizations).
• Currently, or will be doing business as an employer in the United States and in at least one other country, 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 provision 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 into the United States.
• Attempt 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 capacity generally refers to the employee's ability to make wide-ranging decisions without much supervision. Managerial capacity generally refers to the employee's ability to supervise and control the work of professional employees and manage the organization or a department.
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:
• They have secured enough physical spaces to inhabit the new office
•The employee has been hired as an executive or manager for a full year within three years prior to the filing of the application; and
• The office in the United States will support an executive or managerial position within one year of the petition being approved.
Family of workers with an L-1 visa
Employees transferred to offices in the United States may be accompanied by their spouse and children under 21 years of age. These family members can request admission with an L-2 classification visa, if approved, they will be granted for the same amount of time of stay as the employee with L-1. 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, paying the fee due, with the I-539 form. Spouses of L-1 workers may request authorization to work with the I-765 form. If this application is approved, there are no specific restrictions on the type of work.
TRANSFER OF OWNERS, PARTNERS, EXECUTIVES OR
EMPLOYEES OF A COMPANY REGISTERED
IN THE FOREIGN WORK TO A COMPANY IN THE UNITED STATES
What is the L1 Visa?
The L1 visa, or "Executives Visa", is precisely one that 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 that will be registered in the United States.
What are the benefits of the L1 Visa?
• The executive who is being transferred and his family group (spouse and unmarried children under 21) will be able to live, work and study in the United States.
• The L1 Visa offers you the flexibility to enter and leave the United States whenever you want or need it.
• Unlike other types of visas, such as tourist, you do not have restrictions or limits of stay in the United States.
• This type of visa allows the applicant and his / 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, such as the E Visa (or investor visa), where immigration requests a 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 a construction company abroad or a country of residence, your business in the United States can be, for example, a restaurant.
• The L1 Visa allows you to process multiple requests using the same company.
The goal 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 complies with each and every one of the requirements demanded by Immigration.
General requirements to opt for the L1 Visa
General Requirements of the Employer and Employee
• The company abroad must have, at least, two years of operation and at least four employees.
• The executive who is going to be transferred has to appear on the payroll of the company abroad at least for a year.
• The applicant must have an administrative position 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 commercial activity at present. Although it does not show profits.
• Before applying for the L1 Visa, the company in the United States must necessarily be ready to start its commercial operations. This means that it must have a commercial location (even a small office), state and federal registration, bank accounts, licenses and occupational permits and, most importantly, the Business Plan from which Martorell's Office Group Corp will take care of. to elaborate.
You only have to provide us with 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 the registration of your company, the obtaining of licenses and permits, search of office or premises, preparation of Business Plan and until the end of the process, in Martorell's Office Group Corp we will advise you until you and your family group obtain your visas.
Requirements and Fees
for the processing of an L1 Visa
DOCUMENTS TO BE SENT
In order for the L1 Visa to be approved by the Immigration Department, the applicant must provide documentation at three levels: personal, corporate, abroad and 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 you should do is answer the Questionnaire for the Business Plan, which you will find in the attachments that we will send you. This questionnaire will allow us to start putting together your file and will 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 email. We also attach the Checklist that will allow us to keep track of the consignment of collections. We take this opportunity to remind you that Martorell's Office Group Corp will take care of all the paperwork that must be done in the United States.
Complete the following form to receive immediately all the information of Visa L1A.
One of our professionals will answer your question in the next 24 hours. Thank you for contacting Martorell's Office Group Corp it will be a pleasure for our firm to be able to help you with your needs here in the United States. "Your corporate solution in the United States."
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