L-VISA
There are two categories of Visas for L-1 workers:
An L-1A is an alien coming temporarily to perform services
in a managerial or executive capacity for the same corporation
or firm, or for the branch, subsidiary or affiliate of the employer
who employed him or her abroad for one continuous year within the three-year
period (six months within the previous three years if the employer
is eligible and has filed for a blanket L-1 approval and meets the
requirements for expedited processing), immediately preceding the filing
of the petition, in an executive, managerial or specialized knowledge
capacity.
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An L-1B is an alien coming temporarily
to perform services that entail specialized knowledge for
the same corporation or firm, or for the branch, subsidiary or
affiliate of the employer that employed him or her abroad for
one continuous year within the three-year period (six months
within the previous three years if the employer is eligible and
has filed for a blanket L-1 approval and meets the requirements
for expedited processing), immediately preceding the filing of
the petition, in an executive, managerial or specialized knowledge
capacity. Specialized knowledge is special knowledge of the employer's
product or its application in international markets or an advanced
level of the knowledge of the employer's processes and procedures.
L Petition Requirements.
A U.S. employer or foreign employer must file
the petition, but a foreign employer must have a legal business
entity in the United States. The petition must be submitted with:
- Evidence of the qualifying relationship between the United
States and foreign employer, based on ownership and control,
such as an annual report, articles of incorporation, financial
statements or copies of stock certificates;
- A letter from the alien's foreign qualifying employer detailing
his or her dates of employment, job duties, qualifications and
salary; and
- A description of the proposed job duties and qualifications,
and evidence showing that the proposed employment is in an executive,
managerial or specialized knowledge capacity.
If the alien is coming to the United States to open a new office,
also file the petition with copies of evidence showing that the
business entity is located in the United States; and
- Already has sufficient premises to house the new office;
- Has or upon establishment will have the qualifying relationship
to the foreign employer; and
- Has the financial ability to remunerate the alien and to begin
doing business in the United States, including evidence about
the size of the U.S. investment, the organizational structure
of both firms, the financial size and condition of the foreign
employer, and if the alien is coming as an L-1 manager or executive
to open a new office, such evidence must establish that the intended
U.S. operation will support the executive or managerial position
within one year.
As of March 8, 2005, a U.S. employer seeking
initial approval of L nonimmigrant status for a beneficiary, or
seeking approval to employ an L nonimmigrant currently working
for another U.S. employer, must submit an additional $500.00 fee.
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