L-1AVisa Intracompany Transferee

www.tlgeb5.com

Introduction• What is the L-1A Visa?• Who is eligible?• Applying for the L-1A• EB-1(C) Green Card

• Temporary Transfer of Executives and Managers from Foreign Country to US

What is the L-1A Visa

Qualifying Organizations

US Company has certain relationship with company abroad:

• Branch • Subsidiary• Parent• Affiliates

Eligibility for the L-1A Visa

Executives and Managers of Company• Work for company continuously for 1 year of the

last 3 years.1. Executives:

• Ability to make decisions of wide latitude without much supervision.

2. Managers:• Supervise and control the work of professional

employees. Manage the a department, subdivision, function, or component of the organization

Eligibility for the L-1A Visa

New Office in US• Initial L-1a Visa is issued for 1 year to set up

operation of the new US branch.

Visa Renewal• 2 years each• Maximum 7 years.

Green Card through EB-1(C) • After 1 year

Eligibility for the L-1A Visa

Evidence of Qualifying Organizations: Foreign Company

• Articles of incorporation showing common ownership of the U.S. and foreign entities• Percentage (%) of Ownership with

supporting documentation.• By-Laws / Minutes of Meeting

• Business License• Contracts showing affiliate relationship• Purchase and Sale Agreement

• Corporate Filings / Tax Filings• Profit and Loss• Organizational Chart

Applying for the L-1A Visa

Evidence of Qualifying Organizations in US• Company Registration• Business Plan• Obtain office space / Lease agreement• Bank Statement or wire transfer evidence

initial transfer• Organizational Chart• Web Site / Business Cards.

Applying for the L-1A Visa

Evidence of Employment• Tax Returns showing employment• Payroll Records• Evidence of work product• Reports• Letters

Evidence of Employment Capacity• Diploma• Employment Verification Letter• Board of Resolution of transfer• Correspondences from other companies• Job Description for position• Resume describing job accomplishments

Applying for the L-1A Visa

• Employee can travel back to Home Country

• Spouse and Minor Children of Transferring Employee

• Under the L2 visa. Spouse can accompany transferring employee

• Visa is the same length as employee• Spouse can apply for Work Authorization• Children can go to school

Benefits of the L-1A Visa

• Permanent U.S. Residency for Managers and Executives Who Meet the L-1A Non-Immigrant Standards

What is the EB-1C Visa

• The company must have been in existence in the United States for at least one year.

• The company must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization.

• Other requirements are similar to L1-A

Eligibility for EB-1C Visa

• Receive Permanent U.S. Residency (Green Card) for Yourself Spouse and Minor Children

• Approval of an EB-1C petition is very high if the beneficiary was in L-1A status previously

• Employee can travel back to Home Country

Benefits of the EB-1C Visa

Questions

TRAN LAW GROUP, PS