With the rise in globalization and the importance of doing business globally, U.S. companies are now employing more essential employees overseas. Those employees are often needed at the headquarters in the U.S. for an extended period of time. At the same time foreign companies are doing more business in the United States. Because of this they wish to send employees to the U.S. The most efficient visa for these employers is the L1 Visa – Intracompany Transferees.
Organizations transfer key employees to the U.S. with the L1 visa. Key employees are either in a managerial or executive position, or have specialized knowledge. The transfer may be from within the same corporation, or it could be a parent, affiliate, or subsidiary organization. The employee must have worked at the qualifying organization for a period of one year over the last three years. Additionally, that one year must be outside the United States.
When transferring an employee on an L1 visa the petitioner must show a relationship between the two entities. This can mean either a parent/subsidiary relationship or co-owner relationship. The employee can even be a majority or sole shareholder in both organizations, therefore creating the necessary nexus between the organizations. Very often a successful entrepreneur will transfer themselves to the U.S. by creating a new business.
Recently, Perelmuter Law secured an L1 visa for an executive in a metal works corporation that opened a new business in the United States. The executive was a minority shareholder in the parent company and we helped him establish his new entity here in the U.S. He made a substantial investment and transferred to the U.S. as an executive.
Please contact our immigration attorneys with any questions related to the L1 visa.