I am transferring an employee from our overseas corporation on B1/B2 visa for training. How hard would it be to transition them to the L1 visa after the training is done since they will be holding a managerial position?
The B-1 is appropriate for short term training not for a transfer. To change from B-1 to L-1 is possible but you should confer with your company's immigration attorney before moving forward with such a plan. The L-1 requirements:
- Are you amanager,executive,or a "specialized knowledge" employed by a foreign business entity?
- Have you been working abroad for at least one continuous year within the past 3 years?
- Is you company abroad related to the U.S. business you will establish? Will the foreign entity continue to do business?
- Will you be coming to the United States to open a new office location for your company? Will the new office be active and operating shortly after you arrive in the United States as an L-1?
USCIS as been conducting strenuous reviews of L applications, particularly if the company is small
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Numerous factors are considered - size of the company, salary offered to employee, revenues raised in the U.S., etc etc
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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