* TRANSFER OF FOREIGN EMPLOYEES TO THE UNITED STATES *

Executives, managers, and employees with specialized knowledge can come to work in the United States using the L-1 intracompany transferee visa.

Qualified Companys:

Only those companies which exactly meet the Immigration and Naturalization Service's (INS) definitions of a parent, branch, subsidiary or affiliate qualify to petition for an L-1 intracompany transferee visa. These definitions are very precise and require an analysis of both the foreign and U.S. ownership of the companies. Both the foreign and U.S. operations must be doing business for the entire time that the L-1 employee is working in the United States.

There are provisions to allow a new office to open in the United States provided that evidence is submitted to the Immigration and Naturalization Service to prove that the new office has a suitable place to do business, a qualifying business structure exists and that the employer has the ability to pay the employee and to begin doing business in the United States.

Each case must be well-documented with evidence proving all of the legal criteria are met.

Qualified Employees:

Intracompany transferees are executives, managers and employees with specialized knowledge. The definition of manager includes an employee who manages an essential function of the business within a qualifying organization. Specialized knowledge employees must have special knowledge of the organization's product, service, research, equipment, management, or other interests, and its application in international markets, or an advanced knowledge or expertise in the organization's processes and procedures. Classifying the employee in the right category is important, particularly if the company might later want to sponsor the employee for permanent residence. The intracompany transferee petition always should be structured to allow the easiest transition to permanent resident status.

A key qualification for all employees is continuous employment abroad with a qualifying foreign employer for one year within three years preceding the time of the employee's application for admission into the United States.

Length of Employment in the U.S.:

The L-1 is a temporary visa with specific limitations on periods of stay in the United States.

• If the employee is qualified as a manager or executive, he or she may remain in the United States for up to seven years.
• If the employee is classified in the specialized knowledge category, he or she may stay up to five years.
• An exception to these limits exists where the employment in the United States is seasonal, intermittent or an aggregate of six months or less per year.

L-1 Visa Process:

A petition for an L-1 visa must be filed by the company with the INS Regional Service Center having jurisdiction over the place of intended employment. Except for a company which is opening a new office in the United States, the initial petition may be granted for a three-year period and renewed in two-year increments up to the maximum permitted stay. New offices are limited to an initial twelve-month period with extensions depending on the business performance of the new office. Once the petition is approved, the employee may apply for an L-1 visa at a U.S. Consulate abroad. If the employee is in the United States and maintaining some other legal status, he or she may apply for a change of status in the United States.

Accompanying Family Members:

Spouses and unmarried children under 21 years of intracompany transferees may be granted L-2 visas. An L-2 visa holder is not permitted to work in the United States.

Conclusion:

This information has been provided as a broad overview of the L-1 visa category. Immigration laws are complex and do change. Therefore, to discuss whether you are eligible to apply for an L-1 Visa or another visa category under the United States immigration laws, contact the LAW OFFICES OF JAMES J. REGAN.

Thank you.