L-1 Intracompany Transferees

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L-1 Intracompany Transferees
Immigration Attorney Carl Shusterman Los
Angeles, California
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L-1 Visas in the United States

• L-1A for Executives and Managers
• L-1B for Persons with Specialized Knowledge
• Company Must Start a Branch in the U.S.
• Dual Intent

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Relationship Between Foreign US Company

• Branch, Subsidiary, Affiliate or Parent
• Documentation re Foreign Company
• Documentation re U.S. Company

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Primary (more than 50) Duties of an Executive

• Directs Management
• Establishes Goals and Policies
• Wide Latitude in Decision Making
• Receives Only General Supervision
• Functional Executives

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Primary (more than 50) Duties of a Manager

• Manages Component of Organization
• Manages Professionals or Supervisors
• Authority to Hire and Fire Employees
• Discretion Over Day-to-Day Operations
• Functional Managers

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Experience Requirements

• Worked 1 of Last 3 Years for Company Abroad
• L-1A as Manager or Executive
• L-1B as Specialized Knowledge Worker

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Length of Stay in US

• Maximum Stay of 7 Years for L-1A
• Maximum Stay of 5 Years for L-1B
• Start-Ups First Visa for 1 Year
• Extensions of Stay

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Permanent Residence for L-1As

• Fast Track to Green Card No PERM required
• Manager/Executive for US Company for 1 year
• U.S. Company must file I-140 with USCIS
• Can Apply for Adjustment of Status Simultaneously

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Permanent Residence for L-1Bs

• PERM Process Required
• Then I-140 and I-485
• Under EB-2 or EB-3 Category

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L-2 Spouses and Children

• Spouses - May Obtain Work Permit
• Can Live and Study in the US
• Eligible for Permanent Residence

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Blanket Petitions for Large Companies

• Individual Petitions Not Required
• Must have 3 or more Branch Offices and
• 10 L-1 Petitions in Past Year or
• US Branch Had 25 Million in Annual Sales or
• US Workforce of 1,000 or more Employees

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Keeping Current with US Immigration Laws

• Possibility of New US Immigration Law
• Web Site www.shusterman.com
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