タイトルまたは説明
L*1 Visas: Transferred
Employees
Who is Eligible? The L*1 visa is required for
employees being transferred from a foreign company to a U.S.
company. To qualify, the employee must be an executive, a manager,
or a person with specialized knowledge, and must have worked for at
least one year at the foreign company. The documentary requirements
for this visa include proof of one year’s continuous employment at
the foreign firm, and this must fall within the three years
immediately preceding the application. If an L*1 beneficiary enters
the U.S. on some other type of visa, in his or her capacity as an
employee of the foreign company, the interval spent working in the
U.S. does not count in assessing the one-year requirement. However,
it is not counted toward the one-year previous foreign employment
either.
L*1B Visas: Employees with
Specialized Knowledge Who is Eligible? To qualify as a
specialized knowledge employee, a worker must have special
knowledge of the potential employer’s product, service, research,
equipment, techniques, management or other interests; and of its
application in the international markets. An employee may also
qualify based on an advanced level of expertise in the firm’s
processes or procedures. In addition, the L*1B classification does
not apply in certain situations where the worker is stationed
primarily at a worksite other than that of the petitioning firm.
However, offsite location alone does not necessarily disqualify the
petitioner; disqualification also requires either of two
conditions: The employee must be principally under the
control or supervision of the unaffiliated worksite employer; or
The offsite placement work duties comprise ordinary hired labor,
rather than requiring any specialized knowledge about the
petitioning firm’s product or service. Note that these
ineligibility provisions apply only to workers engaged in offsite
employment, and do not apply if the L*1B beneficiary will be
working at the sponsoring employer’s physical location. Where the
L*1B visa holder’s responsibilities spans both locations, the USCIS
will examine what the worker does when he or she is at each
location and will make its own determination as to where the work
is primarily performed. The provisions apply to all L*1B cases,
including both first-time petitions L*1B extensions.
L*1 Employers
Petitioning employers must be a subsidiary, affiliate or branch
office of the foreign firm, and the foreign and U.S. companies must
be related by either a more than *0% stock control, or a *0/*0
joint venture with joint veto power. The petitioning company must
demonstrate that it is either the same as the foreign firm, or is a
subsidiary, affiliate or branch office of the foreign firm..
Visa Duration
For workers at startup businesses, L*1 visas are valid for one
year. At businesses operating in the United States for a year or
longer, the initial L*1 is valid for up to three years. It can be
extended to five years for an employee with special knowledge, and
to seven years for an executive or manager. Applicants must file
L*1 extensions at the USCIS Regional Service Center for the area
where the business is located. Where Do I Apply? All L*1 visa
applications must be sent to one of the USCIS’s Regional Service
Centers. Once the application is approved, the USCIS sends the
approval notice to a U.S. consulate, where the applicant can pick
up the visa. Spouses and
Minor Children Spouses or unmarried minor children
of foreign workers who obtain L*1 visas are entitled to the same
non-immigrant classification, for the same length of residence, as
the worker. Spouses and children are admitted with L*2 visas.
Spouses may seek employment authorization from USCIS, but minor
children are not eligible for employment in the United States.
Domestic workers of an L*1 visa holder can be eligible to continue
working for their employer, under the terms of a B*1
visa.
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L-1 Visas: Transferred Employees
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