L-1AVisa Intracompany Transferee . Introduction What is the L-1A Visa? Who is eligible? Applying for...
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Transcript of L-1AVisa Intracompany Transferee . Introduction What is the L-1A Visa? Who is eligible? Applying for...
L-1AVisa Intracompany Transferee
www.tlgeb5.com
Introduction• What is the L-1A Visa?• Who is eligible?• Applying for the L-1A• EB-1(C) Green Card
• Temporary Transfer of Executives and Managers from Foreign Country to US
What is the L-1A Visa
Qualifying Organizations
US Company has certain relationship with company abroad:
• Branch • Subsidiary• Parent• Affiliates
Eligibility for the L-1A Visa
Executives and Managers of Company• Work for company continuously for 1 year of the
last 3 years.1. Executives:
• Ability to make decisions of wide latitude without much supervision.
2. Managers:• Supervise and control the work of professional
employees. Manage the a department, subdivision, function, or component of the organization
Eligibility for the L-1A Visa
New Office in US• Initial L-1a Visa is issued for 1 year to set up
operation of the new US branch.
Visa Renewal• 2 years each• Maximum 7 years.
Green Card through EB-1(C) • After 1 year
Eligibility for the L-1A Visa
Evidence of Qualifying Organizations: Foreign Company
• Articles of incorporation showing common ownership of the U.S. and foreign entities• Percentage (%) of Ownership with
supporting documentation.• By-Laws / Minutes of Meeting
• Business License• Contracts showing affiliate relationship• Purchase and Sale Agreement
• Corporate Filings / Tax Filings• Profit and Loss• Organizational Chart
Applying for the L-1A Visa
Evidence of Qualifying Organizations in US• Company Registration• Business Plan• Obtain office space / Lease agreement• Bank Statement or wire transfer evidence
initial transfer• Organizational Chart• Web Site / Business Cards.
Applying for the L-1A Visa
Evidence of Employment• Tax Returns showing employment• Payroll Records• Evidence of work product• Reports• Letters
Evidence of Employment Capacity• Diploma• Employment Verification Letter• Board of Resolution of transfer• Correspondences from other companies• Job Description for position• Resume describing job accomplishments
Applying for the L-1A Visa
• Employee can travel back to Home Country
• Spouse and Minor Children of Transferring Employee
• Under the L2 visa. Spouse can accompany transferring employee
• Visa is the same length as employee• Spouse can apply for Work Authorization• Children can go to school
Benefits of the L-1A Visa
• Permanent U.S. Residency for Managers and Executives Who Meet the L-1A Non-Immigrant Standards
What is the EB-1C Visa
• The company must have been in existence in the United States for at least one year.
• The company must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization.
• Other requirements are similar to L1-A
Eligibility for EB-1C Visa
• Receive Permanent U.S. Residency (Green Card) for Yourself Spouse and Minor Children
• Approval of an EB-1C petition is very high if the beneficiary was in L-1A status previously
• Employee can travel back to Home Country
Benefits of the EB-1C Visa
Questions
TRAN LAW GROUP, PS