1
GENERAL REQUIREMENTS
A. The foreign and U.S. entity must have a qualified relationship, as a branch, affiliate or subsidiary. There are a number of ways to create the requisite relationship, and immigration will focus on the ownership and control of the foreign and US entities; B. Within the 3 years preceding the petition, the employee must have worked continuously for the foreign employer for at least 1 year in either an executive or managerial capacity; C. The employee intends to enter the U.S. to work for the U.S. company in either an executive or managerial capacity; D. The foreign company must continue to conduct business during the transfer period
2
Authorized Length Of Stay and New Office Requirements
Executive or managerial transferee workers (and their designated immediate family members) may remain in the U.S. for a period not exceeding seven (7) years. If the U.S. company is a “new” office (i.e. has not been active for more than one year), the initial L visa will be granted for 1 year. After this one year period, the petitioner must show that the company is actively doing business (i.e. showing growth in the number of employees, increase in revenues and increase in the volume of goods sold or services provided). If the U.S. company is not a new office, then the initial period of stay will be 3 years.
3
Benefits of L1-A: US Permanent Residency
Often, a L visa company employing a manager or executive wishes for that transferee to remain in the U.S. permanently. In many instances, the L1A may be converted to permanent U.S. residence (more commonly known as the “green card”). Permanent U.S. residence enables foreign nationals to reside, work, and study in the U.S. The requirements for qualified L managers or executives to apply for the green card are essentially the same as for the L visa.
