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November 6, 2017

L-1 Visa: Employee Qualifications?

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The L-1 Visa category was created to facilitate the movement of key personnel of international companies to the U.S. The L-1 Visa allows a multinational company to transfer key employees to the U.S. on a temporary basis, in order to manage a business, or open an office.

L-1 Visa requirementsThe L-1 Visa category was created to facilitate the movement of key personnel of international companies to the U.S. The L-1 Visa allows a multinational company to transfer key employees to the U.S. on a temporary basis, in order to manage a business, or open an office.

In order to qualify for an L-1 Visa, both the multinational company (petitioner) and the employee for which a transfer to the U.S. is sought (beneficiary) must meet specifics requirements. The focus of our discussion in this article will be limited to the eligibility requirement for employees’ beneficiaries. L-1 Visa requirements for companies’ petitioners will be examined in a different blog.

Under US immigration laws, two categories of employees are eligible for an L-1 Visa: executives or managers of a multinational company (L-1A Visa) and employees who possess a special knowledge (L-1B Visa). Let’s now explore the eligibility requirements for the subcategories of the L-1 Visa.

What are the L-1A Visa (Sub-Category: L-1 Visa) Requirements for Executives and Managers?

L-1A Visas are designed for executives and managers of multinational companies who are transferred to the U.S. to work in a branch of the company, or its’ parent, subsidiary, or an affiliate company.immigrant personnel on l-1 visa

To be eligible for an L-1A visa, you must meet the following requirements:

  • You must have worked outside of the U.S. for a multinational company for at least one year within the past 3 years
  • The work you performed abroad must have been done in an executive or managerial position
  • You are coming to the U.S. to work in an executive or managerial position, or to open a new office for the multinational company
  • You will perform your work in a parent, branch, subsidiary, or affiliated company of the multinational corporation
  • You possess the education and/or experience required for the position you will hold in the U.S.
  • You must intend to leave the U.S. upon completion of your work

What are the L-1B Visa (Sub-Category: L-1 Visa) Requirements for Special Knowledge Employees?

L-1B Visas apply to employees of a multinational company who are being transferred in a branch of the multinational company in the U.S., or a parent, subsidiary, or affiliate company because of a special skill he or she possesses.

To be eligible for an L-1B visa, you must meet the following requirements:key personnel

  • You must have worked outside of the U.S. for a multinational company for at least one year within the past 3 years
  • You worked as a special knowledge employee in the multinational company
  • You are coming to the U.S. to work as a special knowledge employee
  • You are coming to to the U.S. to work in a parent, branch, subsidiary, or affiliated company of the multinational corporation
  • You must intend to leave the U.S. upon completion of your assignment.

trump Crackdown L-1 VisaSays Sanwar Ali of www.workpermit.com, “The US visa system is an incredibly difficult and complex system to navigate.  The number of requests for further evidence for L1 visa petitions after the original petition has been submitted (usually with very substantial documentation) to the USCIS we believe has gone up.  Probably no other Country in the World requires so much documentation to apply for a visa to transfer an employee from overseas.”

If you are a petitioner or a potential beneficiary of the L-1 Visa, and require a transfer to the US on a temporary basis in order to manage a business or open an office, we are here to help. Call us at +1-646-583-1206 or send us an email at: info@prewittlawfirm.com to schedule an appointment so we can help to begin the process for your transfer.

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