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Today, transnational corporations often have a large number of branches, subsidiaries and branches throughout the world. Then companies may have a temporary high-level talented people or only to a partner in another country for some specialized companies.

The USCIS immigration has a solution for these special situations. The L-1 classification allows aliens employed outside the U.S., the USA and for a qualified subsidiary, affiliate, or etc. There are two types of L-1 classifications are available: (1) L-1A, for persons in , line, or executive, and (2) L-1B for individuals with expertise capacity.

Generally, the USCIS initially grants an individual L-1 status for three years. However, an individual's L-1-status will initially last only one year if he or she goes in the U.S. to work for a start-up companies. Once L-1 status, an individual can make their status after the initial period expires. People in the L-1A status can check the status of up to seven years, while people in the L-1B status may be their status up to five years. Note that since all employees are set to an "at-will" basis, the L-1 U.S. employer is not obliged to notify the employee for the whole seven or five years. Finally, if the employer / employee relationship will remain for the entire L-1 period, the person must be one year outside the U.S. before he or she is entitled to apply for a new period of L-1-status.

After the L-1-status, an individual's spouse and children are for the L-2-derivative status. People in the L-2-status are not eligible, unless they apply and receive an employment authorization. Card. However, the USCIS allows people to attend a U.S. school, while his legal resident status.

Requirements

An L-1 applicants must be with the USCIS (1) Proof of employment with a qualified U.S. companies, (2) Evidence that the L-1 employer produces sufficient businesses to employ the candidate, and (3) Evidence that The candidates are now in a managerial or executive capacity or expertise capacity. " These three requirements are specified in more detail below.

Proof of employment with a legitimate company

The L-1 candidate must be employed with the petitioning company partners, parents, or subsidiaries, for a continuous period of one year within the three years preceding the filing of the petition or entry into the U.S. Such employment must be either in a management -- / executive capacity or expertise.

The candidate must then produce the necessary documents on the petitions Employers:

• Evidence that the company abroad and the petition to companies linked. The critical question is whether one of the two companies control over the other companies. This is a relatively flexible requirement, as well as a 50/50 joint venture qualifies;

• Detailed description of the petition of the company, including its history, facilities, resources and organization;

• Description of the company to employees, including job titles and duties;

• Evidence that the company will continue its operations abroad, while the candidate of the U.S. Employment and

• Documents proving the company's organizational and financial viability.

Doing Business in the United States

The L-1 applicants must also include evidence that the petition company deals with enough companies to employ the candidate countries, including:

• Detailed description of the U.S. business, including history, number of employees, locations and marketing materials. This is especially important if the company is a start-up companies;

• Companies such as financial statements, incorporation documents, reports and SEC;

• Proof of assets such as corporate account statements;

• Copies of lease or purchase options for buildings or spaces;

• Detailed description of the company staff, including CVs, job descriptions and offer letters, and

• Name and title of the publication, the characters.

Managerial capacity or expertise

, After the candidate is proof of employment with a qualified U.S. companies, he or she will need the documentation that the candidates meet the requirements for either an L-1A or L-1B classification.

The candidate is qualified for an L-1A classification if (1) He or she is in a "managerial" capacity, which means that the candidate mainly to monitor or control daily operations, the Company, or (2) He or she is in an "executive" capacity, which means that the candidate makes the undertaking of general business and political decisions.

An L-1B classification may be appropriate if the candidate is on an "expertise" of crucial importance for the company stores. This is a relatively broad classification, how they can also add specific knowledge of a company's machinery or operations, or, if the individual has expertise in AA business processes and organization.

In addition, L-1A and L-1B Applicants may also include the following documents:

• Evidence of higher education, including degrees, diplomas, transcripts;

• Detailed evidence to back the candidate's continuous employment with the company for a year in the three years preceding the filing of the petition;

• Evidence that the applicant was either in a management / executive capacity or expertise abroad, and that the candidate will be jobs in the United States;

• The candidate of the salary / compensation and abroad in the USA;

• Corporate organizational charts indications of where the candidates in the corporate hierarchy;

• Copies of passports and other documents.

Application Procedures

To qualify for the L-1-status, the candidate must be an I-129 form with the USCIS, along with the documents listed above. Please note that persons outside the U.S. it is recommended that an L-1 visa before her or she begins employment with a U.S. partner. This is because, even though a person be granted L-1 status, which does not necessarily mean an individual has an L-1 visa. Therefore, even if the individual can stay in the U.S., he or she can not travel until they are issued a visa at the appropriate consulate. To prevent such an inconvenience or legal problems, people get a visa, should be before the start of employment in the U.S.

The preparation of an L1 visa or any type of visa requires a good understanding of immigration laws and regulations. There are other important issues not mentioned in this article regarding how the L1 visa petition for a work permit for L1 and L2 members blankets. It should be a licensed and experienced immigration attorney before us with immigration case (s)

If you have any questions or concerns, please contact an experienced immigration attorney for further details. Our office has many similar applications, contact us at (510) 742 5887, you should any further information.

The information in this article is provided for informational purposes only and should not be considered legal advice on all topics. No recipients of content from this article, clients or otherwise, should refrain from or on the basis of content, in the article without the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney admitted to the recipient state. Peerally Shah is the managing attorney for the Shah Peerally in Fremont.

Peerally Shah is the founder and Managing Director of the Office of the Advocate Shah Peerally headquartered in Fremont, California, USA.

http://www.peerallylaw.com

Tel: 510 742 5887

After working for several large companies in Mauritius, Shah in the United States, where he graduated law school in San Francisco, California, USA. Upon completion of the Law School and at the California State Bar, Shah in litigation and business law for the prestigious law firm Mc Nichols Randick O'Dea & Tooliatos LLP in Pleasanton, California, USA. Later, Shah joined the law firm of Virender Goswami as a supervising office attorney in business and employment immigration. Shah was also the lawyer for the immigration consulting firm Minter and Ahmad in Fremont, California, USA.

Peerally Shah is the founder and Managing Director of the Office of the Advocate Shah Peerally headquartered in Fremont, California, USA.