L-1 Status

Employees who are transferred from a foreign majority owned subsidiary, parent or affiliated corporation to a US subsidiary, parent, or affiliated company may secure an L-1 intracompany transferee visa to work for the employer in the US. The individual must be an executive, manager, or a person with key specialized knowledge who has been employed by the foreign entity for at least 1 year prior to coming to the US (6 months if Blanket authorization is approved for the company).

There must be a subsidiary, affiliate or parent relationship between the US company and the foreign corporation where there is more than 50% ownership by the petitioning entity or a 50/50 joint venture where the petitioning entity has control or veto power. A clear relationship must be demonstrated between the US and foreign corporation. There are two types of L-1 Visas.

L-1A: Executive/Manager: An employee who is an executive or manager must have demonstrated that he/she performed duties and roles associated with that position while overseas, such as control over subordinate employees, a budget or a division within the organization. If an overseas manager does not have supervisory authority over any employees, then he/she must demonstrate that he/she functioned in a managerial or senior level within the organization with oversight authority over daily operations of the organization that was managed.

Employees who qualify under the L-1A category can be in this nonimmigrant status for a period of seven years before they are required to return to their home country. At the end of the seven (7) year period, the employee must leave the US unless the organization has secured an immigrant visa in the interim, or secured an employment authorization card by applying for adjustment of status. Once an employee remains outside of the US for a 12-month period, he/she may return to the US under the L-1 status again.

L-1B: Specialized Knowledge: A key "seed" employee who has specialized knowledge of the company's products, equipment, services, research, proprietary processes or other functions, but is not recognized as a manager by internal corporate standards, may qualify under the L-1B category. Please note that this knowledge must be unique to the corporation and does not include skills that could easily be acquired by a US based employee or entry level skill sets.

Employees who enter the US under the L-1B category may remain in the US for a maximum period of 5 years, before they are required to leave the US. Once an employee remains outside of the US for a 12-month period, he/she can return to the US under the L-1 status again.

DATA NEEDED TO APPLY FOR AN L-1 VISA

The following information is required by English & van Horne to apply for an L-1 visa:

• Name of Company, Division and actual location(s) (street, city, state, and zip) where the individual will actually be employed -i.e. job site.
• Human Resource and hiring Manager contact information, including phone numbers and email ID.
• US Salary (excluding bonus).
• Description of proposed duties in the US.

• Copies of all University degrees with transcripts, in with English Translation.
• Description of which degrees apply to the work performed.
• Detailed resume with specific dates of employment, employer's full names, addresses and duties with particular attention to authority held and exercised.
• US immigration history. Specifically, any prior periods (dates) of stay on an F-1, J-1, H-1B or other visa(s), and any presence in the US beyond period of authorized stay.
• Indicate any immigrant petitions or labor certifications previously filed on behalf of the individual.
• Has the individual ever been denied any US immigration benefit?
• Foreign home address.
• Copy of passport validity page.
• Full legal name, date and place of birth for the individual and any family members.
• Degree equivalencies: There may be a need to get degree equivalencies if the last or highest university degree was received outside of Canada or the US. (These will be obtained by English & van Horne, if none are presently available.)

• Copy of each and every page in his/her passport.
• Copy of front and back of I-94 Admission Card.
• Copy of any/all employment authorization card.
• Copies of any petition approvals from the CIS.
• US Social Security number.
• US home address.
• If any family members are in the US, what is the status?
• Copies of recent pay stubs for the past three months (just prior to final submission).
• Copies of marriage and birth certificates for self and all dependants.