Work in the USA: which is affected by the L1 visa ?
The L1 visa, also known as’« Intracompany transfered visa » is the visa which allows a multinational company to mutate an employee of his country to the USA. In general, this authorization s’Easily obtains that the employee concerned fulfills all conditions required. The latter could even claim the green card with this visa.
If you are on point D’be transferred to the United States, this information on the L1 visa will surely interest you.
Visa L1: the conditions to be fulfilled by the multinational
In the case of’a mutation in the USA, it comes back’first to the company itself to fulfill the conditions of’Obtaining the L1 visa, before thinking of mutating one of its employees. Whatever its wingspan and even having a subsidiary on American soil, it can only obtain a transfer authorization if it complies the following conditions:
- To begin with, it must be the main society and establish the evidence of’A link with L’US appendix,
- as a parent company, It must have at least 51 % of the shares in the American branch. Otherwise, the main leader must be the majority shareholder both in the parent company and in the’Annex,
- the employee to be transferred must have served in the’main company for a full year and continuously in the last three years,
- The latter must be competent enough to supervise’other employees in the event that his visa must be renewed,
- Finally, he must be transferred to the same position as that which’He occupies in the parent company.
For’be sure to fill all these formalities correctly, it is possible to Call on a cabinet D’specialized lawyer who will help you throughout the steps.
People who can claim a L1 visa
It is not enough to’Be an employee of the parent company to obtain the L1 visa. You must not only be in charge of’A particular position, But also, and above all have the’One of the three specific statutes below: manager, manager or specialist.
They’acts concretely d’A manager having the following skills:
- he must have the skills necessary to direct a whole department,
- He must be able to manage his subordinates within the American branch, with regard to supervision, the contributionôLE ET L’management,
- as a manager of’a department, he must make important decisions.
In the same way as the manager, the framework is also a potential beneficiary of the L1 visa provided of’have the following skills:
- he must be able to direct and manage a large part of the company,
- The objectives and policy of the’organization must fall under its skills,
- in important decisions targeting the’interest of L’company, the framework must demonstrate’agility.
Remember that’A transferred framework in the USA acquires the status of priority worker at the end of’a year. Therefore, he has the right to ask for’Get the green card.
You are transferred for your knowledge specialized in a field which concerns the activities of the parent company, then you can benefit from the L1B visa. You must be able to transmit your know-how to workers in the American branch.
The documents to be provided for the’Obtaining the L1 visa
Before going to the’Embassy for your interview, certain documents are necessary to facilitate the’Obtaining your visa. All d’First of all, you must provide the forms I-129S and I-797 in 3 copies each signed. You’ll need A letter of employer made on paper, indicating with precision the post, the date of hiring, the basic salary and the duration of your mission.
Then, you will have to include the receipt proving that you spent the $ 500 concerning the law for antifraude struggle. Finally, it will be necessary to provide the documents which prove that during the last three years preceding your visa request, you worked for a full year on behalf of the’main company.
The Visa L1 validity duration
As part of’A work, the L1 visa gives you the right to reside on American soil for a period of:
- 1 year if you are transferred for a new subsidiary. It is renewable provided that this subsidiary proves the’existence of’A real economic activity, its ability to support the wage bill through figures’substantial affairs,
- 3 years if you leave for an already existing branch and always active,
- 5 years old at most if you hold the L1A visa, c’That is to say if you are an executive or manager of the subsidiary located in the USA,
- 7 years old at most if you hold the L1B status. In other words, when you are employed, but with specific skills within the American branch.
Practical questions about Visa L1
Potential candidates for’Obtaining this visa often arises a number of questions when applying. They generally concern the type of’activity of the American subsidiary, the number of employees that it must count and’authorization which the family of transferred employee can benefit.
Note that’Il n’there is no restriction regarding the nature of the’activity of the American branch. More specifically, it n’is not forced to’exercise the same activity as the parent company. On the contrary, it has the right of’exercise a parallel activity, as soon as’It meets the required conditions.
Then the American subsidiary n’a nor l’Obligation D’Save a large number of employees or that of respecting a given figure. In the same logic, the manager or the manager concerned n’is not forced to manage a full team of employees to have their visa.
Each member of your family can obtain the L2 visa if it proves the’existence of’a relationship with you. It is issued to your spouse and your single children under the age of 21. The L2 visa allows spouses who hold them’obtain a work permit as well as the law of’go to the’school.
Holding status L1, your spouse is authorized to exercise a profession on American soil. On the other hand, he must’approach to obtain l’Authorization of service D’Immigration and naturalization.