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North Houston Immigration Lawyer
Smith & Garg, llc. – Serving Residents In Spring Conroe Magnolia Cypress & Champion Forest
In today’s global economy, it is important for employers to have the flexibility to move goods, services, and employees from one location to another, including crossing international borders, to meet clients’ needs. Recognizing this need, Congress created a special type of non-immigrant visa that allows multi-national companies to transfer managerial level employees and those with essential skills into the United States, the L visa. As with many other employment based non-immigrant visas, applications under the L-1A category (intra-company transferee for managers and executives) and L-1B category (intra-company transferee for essential skilled employees) are complicated and typically require heavy documentation. Our experienced immigration attorneys at Smith & Garg, LLC will be able to assist employers, step by step, to meet the requirements under this area of law.
What Are The Requirements for L-1 Non-Immigrant Visas?
L-1A visas are designed for intra-company executive transferees to come and work in the United States. The L-1A visa holders must have been employed in an executive or managerial capacity with the foreign company in an overseas location for at least one continuous year out of the past three years. Additionally, the U.S. company and the foreign company must be related in a specific manner, such as by having a parent/subsidiary relationship or by being the same or an affiliate employer.In addition, the L-1A holder must be coming to the U.S. to work for the U.S company in an executive or managerial capacity. The L-1B category covers specialized knowledge personnel. An example of specialized knowledge personnel would be an individual who possesses proprietary knowledge about a company's product and who travels to the U.S. to impart his or her specialized knowledge to new U.S. employees.
USCIS has provided a special set of procedures to be utilized by companies that have frequently applied for foreign employees under the L-1 visa category, or are large multi-national organizations. It is called the "L-1 Blanket Petition Program." Under this program, the approved company need only receive one approval from the USCIS to transfer a certain number managerial, executive and professional employees.
Is an L-1 Non-Immigrant Visa-Holder Eligible to Obtain a Green Card?
After the L-1 visa holder has worked in the intended capacity for a period of one year, he/she may be sponsored by his/her employer for an immigrant visa and adjust their status to that of a permanent resident provided that an immigrant visa is available for the person. Certain categories, such as an executive or senior manager may also be able to obtain a green-card without having to go through the waiting period for a visa or Labor Certification if he/she qualified as a Multi-national Executive Transferee under Employment Based 1st Category.Please contact our office to see how we can assist you in obtaining either an immigrant or nonimmigrant visa. Also, please review our website to learn more about our Areas of Practice.