An executive, manager, or an essential employee of a foreign company can come to the U.S. under L-1 Visa as an international transferee.  An executive or a manager falls under L-1A category and an essential employee falls under L-1B category.  The foreign national employee must come to the U.S. to work for a U.S. company that is a subsidiary, parent, sister company, or a company that has common ownership with the foreign company.  The U.S. company can either be an existing company or a start-up.  If the U.S. company is a start-up, the employee will obtain an initial L-1A visa for 1 year period.  At the end of the first year, the foreign national must show that he/she has started the organization and has begun operating as proposed in the initial application.  The foreign national will apply to continue managing and/or operating the U.S. company.  If approved, the foreign national will be provided a 3-year visa to continue to work in the U.S.  An L-1 Visa holder can remain in the U.S. and work for up to 7 years.  Within any of the later 6 years, an attorney can assist the employer company to sponsor for the foreign national to permanently remain in the U.S. under various employment based petitions, depending on the person’s qualifications.  The advantage of an L-1 Visa or an H-1B Visa over other nonimmigrant visas is that the foreign national does not have to show that he/she has the intent to leave the U.S. once his/her work ends.  This is called “dual intent” and it is very advantageous when the foreign national wants to bring his or her entire family to the U.S.  The draw-back however, is that the spouse and children may not work and must seek other type of visas for themselves once they are in the U.S.

 

Contact the Immigration Lawyers at Garg & Associates today for more on coming to the U.S. for work!