L-1 Intracompany Transferees

L-1 Intracompany Transferees

Immigration Attorney Carl Shusterman

Los Angeles, California

L-1 Visas in the United States

L-1A for Executives and Managers

L-1B for Persons with Specialized Knowledge

Company Must Start a Branch in the U.S.

Dual Intent

Relationship Between Foreign & US Company

Branch, Subsidiary, Affiliate or Parent

Documentation re: Foreign Company

Documentation re: U.S. Company

Primary (more than 50%) Duties of an Executive Directs Management

Establishes Goals and Policies

Wide Latitude in Decision Making

Receives Only General Supervision

Functional Executives

Primary (more than 50%) Duties of a Manager

Manages Component of Organization

Manages Professionals or Supervisors

Authority to Hire and Fire Employees

Discretion Over Day-to-Day Operations

Functional Managers

Experience Requirements

Worked 1 of Last 3 Years for Company Abroad

L-1A: as Manager or Executive

L-1B: as Specialized Knowledge Worker

Length of Stay in US

Maximum Stay of 7 Years for L-1A

Maximum Stay of 5 Years for L-1B

Start-Ups: First Visa for 1 Year

Extensions of Stay

Permanent Residence for L-1As Fast Track to Green Card – No PERM required

Manager/Executive for US Company for 1 year

U.S. Company must file I-140 with USCIS

Can Apply for Adjustment of Status Simultaneously

Permanent Residence for L-1Bs

PERM Process Required

Then I-140 and I-485

Under EB-2 or EB-3 Category

L-2 Spouses and Children

Spouses - May Obtain Work Permit

Can Live and Study in the US

Eligible for Permanent Residence

Blanket Petitions for Large Companies

Individual Petitions Not Required

Must have 3 or more Branch Offices; and

10+ L-1 Petitions in Past Year; or

US Branch Had $25 Million in Annual Sales; or

US Workforce of 1,000 or more Employees

Keeping Current with US Immigration Laws

Possibility of New US Immigration Law

Web Site: www.shusterman.com

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