L-1A and L-1B Requirements
Part 2 – Intra-Company Transfer L-1A and L-1B Visas
Welcome to the Law Offices of Chris M. Ingram. We’re delighted to have you join us for part 2 in our video presentation on Intra-Company Transfers L-1A and L-1B Visas. In this presentation we’re going to cover how best to identify whether you have a qualifying candidate for this visa. Ok – Let’s start with the section of legislation that identifies who can qualify as an intra-company transferee.
Section 214(2) (c) Immigration and Nationality Act
“… An alien who, within three years preceding the time of his application for admission into the US, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof [the petitioning company] and who seeks to enter the US temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him.”
In plain English here are the elements of qualification: –
1: An intra-company transferee can be a manager, executive, specialist or one with specialized knowledge.
2: He/she must have worked for the foreign company for at least one continuous year within the last three years. Thus, the manager, executive or specialist could have left the employment of the company and have come back. As long as, within the last three years one of those years was an as employee of the company, then he/she would qualify.
3: The citation above does not state that during the qualifying year of employment, the alien must have worked in a managerial, executive or specialist position, only that he/she had been an employee of the company during the qualifying period.
4: Spouse and minor children can also obtain visas to accompany the transferee.
The terms ‘manager, executive and someone with specialized knowledge’, have particular legal definitions, so it’s important that we review each of these terms in detail. In the next presentation, we’ll focus on how US Immigration defines the ‘manager’ within a company.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
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Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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