Tuesday, November 27, 2012

How Does An Employee Qualify For An L-1 Visa?


A corporation with offices both in the United States and overseas has the option of transferring employees of the company to work in the U.S. offices if the employee qualifies for the L-1 visa. This is a non-immigrant work visa meant for temporary employment in the U.S. While most of the regulations for the L-1 visa is contingent on the company, itself, qualifying with U.S. Immigration Law, here we'll discuss what qualifications the employee must have in order to obtain the L-1 visa.

Executives and Managers

There are two sub-categories of the L-1 visa relating to the level of position. The L-1A visa is for executives and managers. Those who qualify for the L-1A first have to have been employed by the company for no less than one consecutive year in an executive or managerial position within three years preceding the transfer to the American office. The foreign employee must continue in a role of executive or managerial responsibilities while in the U.S. Executives and managers can either be transferred to an existing office, or be sent to the U.S. in order to create a new office. The maximum duration of stay for the L-1A visa is seven years unless the employee files for a green card 365 days before the visa expires.

Specialized Knowledge

The second category of the L-1 visa pertains to employees with specialized knowledge. "Specialized knowledge" means this employee has knowledge specific to the company's processes and procedures that makes them uniquely qualified for the position in the U.S. office. This visa does not require the employee to be an executive or manager. Just as with the L-1A visa, employees must have been with the company for one consecutive year within three years of the transfer. While in the U.S., the employee must be primarily supervised by the company they are affiliated with, not any other company where they might be stationed. They, too, can be sent to the U.S. to aid in setting up a new office. The maximum duration of stay for the L-1B visa is five years, unless the employee files for a green card 365 days prior to the visa's expiration.

Blanket Program

If a company feels it will be transferring employees back and forth on a regular basis, then it can petition for the L-1 Blanket Program. This gives the company a lump sum of L-1 visas to use for their employees without having to file for each individual transfer. However, the employees taking advantage of the L-1 Blanket Program must still be professionals with specialized knowledge in order to qualify.

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