L-1 Intracompany Transferees
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Transcript of L-1 Intracompany Transferees
L-1 Intracompany Transferees
Immigration Attorney Carl Shusterman
Los Angeles, California
L-1 Visas in the United States
L-1A for Executives and Managers
L-1B for Persons with Specialized Knowledge
Company Must Start a Branch in the U.S.
Dual Intent
Relationship Between Foreign & US Company
Branch, Subsidiary, Affiliate or Parent
Documentation re: Foreign Company
Documentation re: U.S. Company
Primary (more than 50%) Duties of an Executive Directs Management
Establishes Goals and Policies
Wide Latitude in Decision Making
Receives Only General Supervision
Functional Executives
Primary (more than 50%) Duties of a Manager
Manages Component of Organization
Manages Professionals or Supervisors
Authority to Hire and Fire Employees
Discretion Over Day-to-Day Operations
Functional Managers
Experience Requirements
Worked 1 of Last 3 Years for Company Abroad
L-1A: as Manager or Executive
L-1B: as Specialized Knowledge Worker
Length of Stay in US
Maximum Stay of 7 Years for L-1A
Maximum Stay of 5 Years for L-1B
Start-Ups: First Visa for 1 Year
Extensions of Stay
Permanent Residence for L-1As Fast Track to Green Card – No PERM required
Manager/Executive for US Company for 1 year
U.S. Company must file I-140 with USCIS
Can Apply for Adjustment of Status Simultaneously
Permanent Residence for L-1Bs
PERM Process Required
Then I-140 and I-485
Under EB-2 or EB-3 Category
L-2 Spouses and Children
Spouses - May Obtain Work Permit
Can Live and Study in the US
Eligible for Permanent Residence
Blanket Petitions for Large Companies
Individual Petitions Not Required
Must have 3 or more Branch Offices; and
10+ L-1 Petitions in Past Year; or
US Branch Had $25 Million in Annual Sales; or
US Workforce of 1,000 or more Employees
Keeping Current with US Immigration Laws
Possibility of New US Immigration Law
Web Site: www.shusterman.com
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