The Qualifications

The L-1 is about transferring a foreign company executive or manager to its U.S. office

Intracompany transferees means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive, or involves specialized knowledge.

Let us take a closer look at the definition of these terms.

A. There must be a qualifying relationship between the sending company (foreign) and the receiving company (U.S.). This may be either a parent-subsidiary relationship OR an affiliate relationship. Parent-subsidiary relationship, means that either the U.S. entity or the foreign entity is the parent, and it owns the other company as a subsidiary. The subsidiary may be either partially owned or wholly owned by the parent company. And the parent company must control the subsidiary. For example, Company A -USA is 25% owned by Company B -England. Company A is the subsidiary and Company B is the parent. They will have a qualifying relationship for L-1 as long as Company B also controls Company A.
Affiliate relationship, means that either two subsidiaries are owned and controlled by the same parent or individual OR that the companies and owned and controlled by the same groups of individuals in approximately the same share or proportion of each entity.
If your business entities in the U.S. and abroad do not meet these structural requirements, then we will have to create the proper structure for you.

B. You must be employed by the U.S. company as either an executive, manager or employee of specialized knowledge; and you must have performed in one of these capacities in the foreign company as well.
These terms have strict definitions, but generally speaking, an executive is one who directs the management of the organization and establishes its policies and goals. A manager is one who manages the supervisors and unless for some exceptions, may not be a first-line supervisor. So you have to show projections that within one year of receiving a visa for a new U.S. office, you will have sufficient employees underneath you.
Although the regulations do not state how many employees you must have managed overseas or you must manage in the U.S., I recommend no fewer than 5.
 

Procedure

Step 1 : Once you hire, I will provide you a checklist of the documents necessary from your foreign and U.S. companies. These include documents such as your company’s tax returns for the last 3 years, company registration documents, payroll records, company brochures if any, etc. You will also need to document that your U.S. office has “secured” a sufficient business premises for the U.S. office, and that you have transferred the investment funds to your U.S. company account.

Step 2 : Once the case is ready to be filed, you will sign the applications and we will file the petitions for you. You will pay the government filing fees, which are approximately: $320 for L-1 petition; $500 fraud prevention and detection fee; $1225 if you want premium processing (15 day guaranteed response time by USCIS).

Step 3 : Once the petition is approved, then we will assist you with filing your L-1 visa application with the Embassy and also prepare you for the interview. That may take 1 to 2 months. It may be delayed much more for “administrative processing” as it sometimes happens there.


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