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Intra-company Transferee
(L-1)
This is a
non-immigrant visa available to any manager, or executive, or owner, or worker
with specialized knowledge in a business abroad who is desirous of being
transferred to the United States to either an existing or a newly formed entity
here in the U.S.A.
This visa is known
as an L-1 visa and entitles the party obtaining same to work and live in the
United States with their family for a total of at least six (6) years except for
parties with specialized knowledge who receive a total of five (5) years.
The L-1 visa is a
visa which can enable a party to file for permanent residence in the U.S.A.
The L-1 applicant must have been
employed by the business abroad for at least one full year within the last 3
years and such employment must have been outside of the U.S.A.
The transfer of the L-1 applicant
must be to an entity in the U.S.A. which is either a subsidiary or an affiliate
of the business abroad. This visa enables the applicant and his family to live
in the U.S.A. and for the applicant to work in the U.S.A. subsidiary or affiliate.
The L-1 visa is a therefore a
temporary work permit issued to the alien and the latter's family receives an
L-2 visa. The L-2 visa allows the holders to live and/or study in the U.S.A. but
not to work. The initial
period of the L-1 visa ranges between 1 -3 years depending on the circumstances
of the U.S.A. entity. Note
that the type of business in the U.S.A. and the business abroad may be totally
different or may be of the same or similar nature. There
are numerous documents that need to be filed with INS in the U.S.A. and these
documents pertain to both the foreign business and the one in the U.S.A. The
documents are those which prove that there is an existing ongoing business
abroad as well as an entity in the U.S.A. Furthermore it is to be shown that the
business in the U.S.A. is adequately funded. This is usually attended to in one
of 3 ways or a combination thereof. these 3 ways are as follows; (a)
Money in the bank account of the U.S.A. entity or immediately available to it on
a line of credit or other acceptable source of readily available funds. (b)
Letters and/or documents of financial support from the business abroad (c)
Contracts in favor of the U.S.A. business We
are able to provide a detailed list of documents required from both the foreign
and U.S.A. entities. Please
note that once the business in the U.S.A. has been operative for 1 year then the
L-1 applicant can , under certain circumstances, apply for permanent residence
and this applies to the spouse and minor children under 21 years of age and
unmarried. We are available
to consult with interested persons and the details of arranging such telephone
consultation are set out in our web site.
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