L-1B Intracompany Transferee Visa for Employees With Specialized Knowledge

international-movers-and-packersThe L-1B visa permits a U.S. employer to transfer a professional employee with specialized knowledge from one of its foreign offices to one of its U.S. offices.  There is also the option for a foreign company that does not yet have an office in the U.S. to send an employee with specialized knowledge to the states to help establish a U.S. office.  Both the employer and employee must meet certain qualification requirements:

1. To qualify for L-1B classification in this category, the EMPLOYER must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

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

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L-1 Intracompany Transferee Visa For Executives, Managers, and Employees with “Specialized Knowledge”

by Jennifer Grady, Esq.

L1-visaThe L-1A Non-Immigrant classification enables a US employer to transfer an executive or manager from one of its affiliated foreign offices abroad to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

In addition, if the business remains viable, meaning that it can show a profit or imminent profit potential, the L-1A holder and his or her dependents can apply for a Green Card after the first year.

If you are a CEO, manager, executive, or professional with specialized knowledge who plans to bring your expertise to an existing US office, or to open a new US office of your company, ask yourself the following questions below: Continue reading