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The L Visa
The L Visa allows an executive or manager of a foreign company to be transferred to the U.S. entity to continue working as an executive or manager for that entity.
You must have been employed continuously abroad for one of the past three years by a parent, branch, affiliate or subsidiary preceding your request for an L-1 visa or change of status. The majority or substantial stockholder of the U.S. or Foreign corporation can also be an L-1 employee. The amount of salary you receive or will receive is not material.
The qualifying organization needs to have a active presence in the United States. There must be business ties between the foreign corporation and its U.S. entity. This determination is based upon the following factors:
- Common Name
- Regular sharing and exchange of personnel
- Cross directorship
- Sharing of technical, financial and research skills
- Size and general recognition of organization
- The work that you perform must be a managerial, executive, or specialized skill. You must be a manager, executive, or have specialized skill abroad
Executive Capacity is defined as:
- You direct the management of the organization or a major component or function;
- You establish goals and policies;
- You exercise wide latitude in discretionary decision making; and
- You receive only general supervision or direction from higher level executives, board of directors or stockholders.
Managerial Capacity is defined as:
- You manage the organization, department, subdivision, function or component;
- You supervise and control the work of other supervisory, professional, or managerial employees;
- You have authority to hire and fire or recommend personnel actions (if other employees directly supervised), or if no direct supervision, functions at a senior level within hierarchy or as to function managed; and
- You exercise discretion over day-to-day operations of the activity or function.
First line supervisors are not considered managers unless the employees they supervise are professionals.
Your spouse and children can accompany you to the United States, furthermore your spouse can receive work authorization.
Furthermore, the L visa will allow you and your family to apply for permanent residency “green cards” based upon an approved I-140 immigrant petition without going through the lengthy labor certification process.
The L visa is perfect for executives and managers that want to transfer from their foreign corporation to the U.S. branch or subsidiary.
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