L-1A Visa
Hello I am Laura Eaton with Niren & Associates here today to talk to you about L-1A inter-company
transfers.
This is a non-immigrant classification that allows a US employer to petition an executive
or a managerial employee to come to the US from one of its affiliated offices.
It also allows a foreign company to send an executive or a manager employee to the US
for the purpose of starting up a US company.
Now you might be wondering how to qualify.
The first thing to consider is have you been working for the foreign company for at least
one year.
If you have, great.
The next think; Do you work in an executive or managerial capacity?
These are fairly narrowly defined.
If you are working in an executive capacity it generally refers to an employee’s ability
to supervise the employees under a wide latitude.
If it is managerial you are still supervising employees, however it is more in a branch
or department situation and you do have some supervision above yourself.
Now although this may seem straightforward we always recommend that you speak with an
immigration consultant or an immigration specialist to ensure that you actually do qualify for
this status.
The next thing to consider is whether or not there is a business relationship between the
foreign and the US companies.
These are usually the parent, affiliate subsidiary or branch relationship.
Generally speaking the foreign company must own at least 50% of the US company or the
foreign owners must have equal ownership in the foreign and US companies for them to qualify.
Again you should always speak with a qualified immigration specialist to ensure that there
is the business qualifying relationship.
You can also go in with a US start-up company, you have to submit some additional documentation
such as you have to include a very detailed business plan including financial projections
as well as employee hiring projections.
You also have secured a lease agreement or have already purchased a business location
where the business operations will be conducted.
You must be able to provide share certificates to demonstrate to the officer that there is
a qualifying relationship between the foreign and the US companies, as well you have be
able to demonstrate that the employee that you are transferring to the US has been working
for your company for at least one year.
Another thing to consider is, if the employee qualifies for this status they are also able
to bring their spouse and their children under the age of 21 and they qualify under the L-2
status.
Now so often employees and employers get overwhelmed by the paperwork, the application forms, the
processing time, where to submit it.
That is where we come in.
Niren & Associates is here to be able to assist you with preparing the application, effectively
and efficiently.
We ensure that all the qualifications and requirements for this application are clearly
indicated in the petitioning letters and all the documentation that is submitted.
We also ensure that the application is tabbed and logically organised so that the officer
can easily access the information and it is very easily understood.
Also as part of our services, Niren & Associates provide a preparation prior to the client
making the application.
This includes an idea of the sort of questions that are most likely to be asked as well as
what to expect when a positive decision is rendered and how to go about obtaining it
in your passport.
Clients usually agree that this gives them the confidence to submit this application
and obtain a successful decision.
Now as a Canadian you can submit this application directly at the border and a decision is rendered
on the spot.
For non-Canadians you have to submit it to the service centre.
Processing times vary, however you do have the option of paying for “premium processing”
which is an additional government fee however it does render a decision with 15 calendar
days.
If you would like some more information about this status or you would like to see if we
can assist you with this please visit our web site or give us a call.