‎L-1 Visa for Intracompany Transferee Executive or Manager

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In search of better living conditions, countless people every year try to immigrate abroad, or simply work abroad, and the preferred target is, of course, the United States. To be able to enter legally, authorizations such as L-1 visa and E-2 visa are required.

In the case of work, the process presents several types of visas for a person to be able to enter the US legally. Some examples are the H1B, H1C, H2A, H3 and several other visas.

There are those specifically for people who just want to work for companies, others are aimed at entrepreneurs, and there are those that are designed for executives. There are many options that meet the most diverse needs.

In this content we will talk more specifically about the L1 visa and E2 visa. We will better understand how they work and who can take them out, but we can already say that both are classified as non-immigrants,which are those necessary for temporary visits, whether for work, studies, exchange or tourism.

About the L-1 visa

This work visa allows executives, managers, administrators and professionals who perform specialized functions in an organization to be transferred from its headquarters in a foreign country to a branch in the United States.

The immediate family of the person transferred will be able to accompany him. The spouse will be able to receive the L-2 visa and will have the chance to work anywhere in the country.

An excellent positive point of the L1 visa is that there is the possibility to migrate to permanent residence, the Green Card.

Authorized length of stay

This will depend on what position or function the transferee performs. For executives and managers, the maximum length of stay cannot exceed seven years and he will receive type L1-A. For administrators and specialized employees, the maximum time is 5 years, purchasing type L1-B.

In both cases, direct family members are entitled to the same period of stay as the visa holder.

Another factor that will be taken into consideration is the size and time of operation of the company in the North American territory. If the company is quite new, generally the initial period of stay granted by the L1 visa is one year.

If the company has been operating for more than a year and is well established, then the L1 visa can be initially granted for 3 years.

What do I need to get an L-1 visa?

It is mandatory to prove that there is a link between the US organization and the foreign company. Thus, it is necessary to prove that this organization located in the USA is controlled by the headquarters, that is, it is necessary that the company holds at least 50% of the institution's shares in North American territory.

The foreign company must continue to do business through its branch during the entire period of validity of the visa, until the period of stay ends or the Green Card is granted. This is to maintain the legality of the stay whether the manager, employee or your entire family.

There is also the need to prove that the employee has worked for an uninterrupted year for the company and within a period of three years prior to his application, in addition to a series of other documents that prove identities, budgets, data and the like.

About the E-2 visa

This visa is granted for entrepreneurs to be able to reside in the United States to invest in a business located in the country for a specified period. The amount must be significant, although an exact amount is not provided.

An important point is that the entrepreneur must reside in a country that maintains a trade and navigation treaty. It is possible to take the spouse and children who are not married and under 21 years old with the title

Made exclusively for executives, managers and administrators, the L-1 visa is an option for those who want to work and even expand their business in a subsidiary company in the USA.

The transferee's immediate family members may accompany the L-1 visa holder. The spouse will have access to the L-2 visa and will be able to work anywhere in the United States and the children will only be able to study.

The company that will open a branch in the United States has to take several precautions. The size of the company's billing and the number of employees will influence the immigration agent's decision.

If the company has around 10 employees and its turnover is enough to survive month after month, there is no real reason to expand the business to the United States.

In addition, the entire business plan, company facilities, the future hiring plan and the action plan in the United States must be presented. Morar-EUA assists in the processes for those who intend to apply for the L       -1 visa.

The visa is valid for up to one year, a period that aims to start all business operations.

The renewal of the L -1 visa takes place after analyzing the financial data and the growth of the American branch, valid for two years. The visa holder has a time limit of seven years in the country.

However, once the visa is renewed for two years, the visa holder and his family can apply for permanent residence, with the company (US subsidiary) being the sponsor of the Green Card.

Despite the obstacles, the L-1 visa is usually approved with some ease. The deadline for analyzing the order is fast (approximately 30 to 90 days in the case of companies already installed and up to 120 in the case of new companies).

If there is an opportunity to pay a priority fee with the USCIS, the period can be reduced to 15 days for analysis in cases of companies already established and up to 60 days in cases of new companies.

Unlike the E2 visa, the position of the L1 visa holder must have a position in an exclusively executive company. For example, if a bakery is open in the US, the visa holder will not be able to serve customers, let alone serve at the checkout.

The visa is processed by the consulate of the country in which the individual resides, unlike many other types. This makes the whole process faster and easier.

Lenght of stay

Usually the time granted is around 5 years. But there is no limit on the number of renewals, as long as the company is up and running and generating profit.

common questions

How does the L-1 visa work?

The L1-A visa allows an employer in the US to bring an executive or manager into the country. The foreign company may have an affiliated office in this country or the person may be transferred with the intention of establishing one. This visa will be granted to those who have been sent to supervise people or processes.

What is the L-1 visa?

In general terms, the L-1 visa allows the temporary transfer of an executive or manager from one of its foreign offices to one of its offices in the United States, configuring an intra-company transfer.

How long does L-1 visa take?

five months

How long does L-1 visa take

Generally speaking, for normal applications, the issuance of the L-1 visa varies from two to five months. However, if it is a premium application, the visa can be issued within two weeks.

What is the L-2 visa?

This work visa allows executives, managers, administrators and professionals who perform specialized functions in an organization to be transferred from its headquarters in a foreign country to a branch in the United States.

 

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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