The L-1A Visa allows multinational businesses to transfer managerial and executive personnel from foreign countries to the United States. The L-1B Visa allows an employer to bring in a foreign worker with similar experience who has specialized knowledge of the employer's business within the context of the international market.
In order to qualify for an L-1A visa, the United States Petitioner must prove:
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It has a qualifying relationship with a business entity in the foreign country |
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The alien has been working for the foreign entity as a manager/executive for at least one year in the last three |
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The alien is coming to the United States to serve in a managerial/executive capacity. |
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Both the foreign and domestic companies are viable entities. |
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| An L-1A may be given to an Alien who is coming to the United States to open a branch, affiliate, or subsidiary company. Evidence of offices for operation in the U.S. must be demonstrated. Finances of the company must also be submitted. In such instances, the initial visa will be granted for one year and then can be extended.
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| For the L-1B, we have to demonstrate the above criteria, except that we have to show that the Alien is coming to the United States because he has specialized knowledge and that in order to perform the duties of the position, that specialized knowledge is required.
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| The process for obtaining an L-1 visa is similar to the process for an H-1B. The Employer-Petitioner files a Form I-129, with L Supplement to the Vermont Service Center. We include evidence the Beneficiary has been employed overseas by the transferring organization for at least one year within the past three years, and that the Beneficiary will be working for the same organization in the US. The Petitioner must show that the Beneficiary will be filling an Executive/Managerial position.
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| After approval, the USCIS notifies the prospective employee and the relevant US Embassy. The Beneficiary and his or her dependents (spouse and unmarried children under 21) then submit forms to the Embassy, along with the Approval Notice (Form I-797).
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