A “new office” is one that has been in operation in the United States for less than one year. If the L-1 transferee is an owner or major stockholder of the U.S. company, the petition must also contain evidence that the assignment in the U.S. is temporary, and the individual will be transferred abroad once the assignment is completed. A worker is qualified for the L1-B visa if the person has worked for the foreign counterpart of the US organization for at least one of the past three years in a “specialized knowledge” capacity. The term specialized knowledge is very different from “specialty” as defined by immigration laws related to H-1B. Specialized knowledge, as defined by immigration laws, can generally be understood as being synonymous with proprietary — something unique about the petitioning employer’s product, service, or management style, for example.
The visa also allows holders to bring their immediate family members to the United States. Larger companies that want to sponsor more than one worker can use the Blanket L-1 visa option. This allows the company to list more than one employee on the application. Workers who have special knowledge of things like the company’s products, systems, research, operations, management, or procedures can apply to have an L-1B visa for up to five years. The company has to prove that this information isn’t available already in the U.S.
Under the L2 status, beneficiaries can study and apply for an Employment Authorization Document , meaning that they are allowed to work. There are presently few countries that have entered into such treaties with the United States. (If you’d like to see the list, it’s available here.) Consequently, the E visa is not available to people from most countries. Depending on where you’re from and what sort of business you’re engaged in, the L-1 might be the better option. There are l-1b visa that seem to be quite straightforward; e.g. a person who has specifically invented a patented and proprietary object or system and is being sent to the U.S. to take part in inaugurating it into the U.S. parent businesses. Typically, ownership refers to legal ownership and subsequent power while control is referring to the right to hold command over the managing and operating of the business.
Perhaps the most important aspect of any immigration matter, including the L-1 visa petition, is to support the case with verifiable evidence that satisfies the burden of proof. The experienced immigration lawyer at Porter Law Office will be able to advise you about the type of evidence needed to meet the regulatory criteria for each element of your L-1 visa case. The petitioner must continue to do business in the United States and at least one other country for the duration of the intracompany transferee’s stay in the U.S. The intended US office will support an executive or managerial position within one year of the approval of the petition. E-1 holders are permitted to stay in the U.S. with unlimited two-year extensions of their E status, provided they continue to meet the visa’s qualifications and continue to manifest nonimmigrant intent. Further, their dependents are allowed to accompany them, and their spouses can work in the U.S.
There is a special visa classification called the E3 Visa that is only available to Australian citizens, it is available year-round, cost-effective, and generally quick to obtain. The process of hiring and employing an Australian citizen on an E3 Visa is much less onerous than hiring employees under the H-1B visa program. Find out why you should consider hiring Australian citizens under the E-3 visa program. In the US Mexico Canada Agreement there is no specific requirement for English language ability. However, your ability to speak English may be a factor in considering your ability to perform the duties of the position offered.
A company that simply exists in the US does not meet the requirements for L-1B visas. While in the United States, L2 visa holders may apply for Employment Authorization Documents . The L2 visa is also issued for the same period as the L1B visa granted to the primary applicant. The employment authorization document allows the petitioner’s dependents to work legally in the United States.
Affiliate thereof in a capacity that is managerial, executive or involves specialized knowledge”. Premium processing filing fee for employment-based petitions to… When an employer already has many employees in the U.S. with specialized knowledge, the memorandum directs adjudicators to “carefully consider” the need to transfer the employee to the U.S. USCIS will also consider whether the salary paid to the employee is comparable to similarly situated peers in its U.S. operations, as a lower salary may be evidence that the employee does not have specialized knowledge.