L1 office/premises requirements?? [Archive]

peter gold

08-11-2009, 10:16 PM

L-1 VISAS

The alien must have been continuously employed abroad for ONE YEAR (out of the past three), by a parent ,affiliate or subsidiary of a US company preceding the application. Employment must be by a firm corporation or other legal entity, or its affiliate or subsidiary
The alien must be coming to the U.S. to work for the same company, its affiliate or subsidiary.
You can only enter the U.S. to work in one of three categories: as a manger, executive, or person with specialized knowledge.
The description of an employee is significant. If you own a majority of the shares of a company based abroad then you can still also be an employee. If it is not a corporation and you are the only owner of the company (also called a sole proprietor) then you can also qualify as an employee. As an employee, your salary will not be an issue. For example, you may own a majority of the shares and live off the dividends and prefer not to draw a salary.
TEMPORARY
Remember, the L1 is a visa. As such, you must have the intent to leave the U.S. if you are to be granted one. On the other hand, you can apply for a Green Card while you are on an L1. You can demonstrate the temporariness in a number of ways. For example, you may be in the U.S. for a temporary purpose or time; you may be setting up the new office or division. You may be necessary abroad and your job there is being held open for you. The American office itself may be temporary, such as when it is open to satisfy a certain client or project. The burden of proof is with you.
MANAGER
A Manager is someone who manages the organization, a department, subdivision, function or component. You are a manager if you manage other managers or supervisors, professionals, or an essential function in the entity. If you can hire or fire or recommend personnel actions (assuming someone else directly supervises the people) you manage for immigration purposes. If you work at a senior level or have discretion on day-to-day activities of a function or activity then you also qualify.
EXECUTIVE
An executive directs an entity’s management or a major aspect or function. An executive can establish goals or policies. If you have a lot of power in discretionary decision-making then you are an executive. Likewise, if you receive only general supervision from higher-level authorities then you may be considered an executive.
SPECIALIZED KNOWLEDGE
A person with specialized knowledge has either special knowledge of the company’s product and its application in an international market or has advanced knowledge of the “processes and procedures” of the firm. In other words, you must be someone who is not easily replaceable by an ad in the paper. For example, if you know how to do something that someone replacing you an easily do, you will probably not qualify. On the other hand, if you know how to do something a special way because your company distinguishes itself by executing this task in a particular way then you may qualify. This is just an example of the possibilities. There are a number of ways you can qualify, just understand the thinking.
L1 Q&A
1. How big does the company have to be?
The law does not set limitations on the size of the firm. However, you have to realize that if it is an international firm, it meet certain criteria. For example, if you own a firm that cleans office windows in a country and open an affiliate in the U.S., and you, the owner, are the only worker, you will not qualify for a number of reasons. However, the investment you make in the U.S. cannot be of enough substance to warrant an L1.
2. Which countries do not qualify for an L1?
This is one of the beauties of the L1; all countries qualify. Therefore, if you do not have $1 million to invest, or are not a national of a treaty country (see ‘E’ visa section), you can still invest and qualify under the L1 category if you meet the other requirements.
PROCEDURALLY
The L1 is normally approved for a period of 3 years, but the first time you receive it, one year is the maximum duration. If the government is not convinced that you are performing the duties you stated you would or has any hesitation about the foreign company, it can renew for shorter periods. When you originally apply you must have a location for the company in the United States.
The INS is to provide a decision within 30 days of receiving your complete case (the immigration Act of 1990 requires expedited treatment of this type of case; another benefit of the L1). Your spouse and children, if any, will receive an L2 and can live with you in the United States.