L1B Qualifications Employees eligible for L1A visa: Manage an organization, subdivision, department or component of the organization; Control and supervise the work of other professional, managerial, or supervisory employees, or manage essential functions with the company, department or subdivision; Have the authority to fire and hire, recommend promotions; if no employee supervision is required, then he or she must function at the senior level within the organization's hierarchy; Exercise discretion over daily operations and establish policies and goals.
Documents you need for L1A application Here's what you should know. Recent Questions on L-1 Visa. Ask An Immigration Lawyer. Trending Discussions on I View Discussions. However, your eligible dependents are only your spouse and unmarried children under the age of You and the organization you represent must also supply evidence that demonstrates that your role functions in a capacity that deals with services between your home country and the United States.
The U. Qualifying under this category also means that it would be impossible or quite difficult for your company to find someone else who can fill your position. To be L1B eligible implies that you have worked for your company for a considerable amount of time and have been entrusted to carry out a specific job that requires a rare talent or skill. There are different timeframes for how long you can live and work in the United States under an L1 visa. For newer organizations, the U.
The petitioner must demonstrate its ongoing international nature, and the L1 visa category is not intended to facilitate self-employment or the relocation of the petitioning organization [9 FAM Regulations found in 8 C. The regulations explain that a qualifying organization is a United States or foreign firm, corporation, or other legal entity which:.
Meets exactly one of the qualifying relationships as a parent, branch, affiliate or subsidiary; 2. Is or will be doing business engaging in international trade is not required as an employer in the United States and at least one other country directly or through a parent, branch, affiliate, or subsidiary for the duration of the alien's stay in the United States as an intracompany transferee; 3.
Subsidiaries in this case are affiliates of each other [9 FAM In the case of a parent-subsidiary relationship, if the petitioner purchased the subsidiary, it is only required to show that the transfer took place.
Nonprofit organizations are eligible to file individual L1 petitions, but ineligible to file blanket petitions see below for requirements to file blanket petitions [9 FAM The petitioning organization must control the intended L1 beneficiary, and not a foreign company, in order to have an L1 petition granted. The petitioner must file a Form I, Petition for Nonimmigrant worker, on behalf of the intended beneficiary.
The petitioner must have an employment relationship with the U. The petitioner must comply with all reasonable documentary requests during the adjudication of the petition, and failure to do so may lead to the denial of the petition. To learn about evidence required to support the eligibility of a specific L1 beneficiary, please see our articles on L1A and L1B visas.
The USCIS officer who reviews the initial application and any requests for extension will want proof that the applicant does not plan to permanently reside in the United States. If the recipient of an E visa were to apply for residency too soon after arrival, this would be looked upon negatively and could hurt their chances for approval.
The application process for both visas is similar. If you are a U. Our firm has successfully handled all types of cases requiring employment-based visas, helping multinational employers and foreign workers from all over the world. At Lyttle Law Firm, we use our experience to strategize the best solution to your immigration concern to provide you with all your legal options.
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