This brief explanation and information should not be considered legal advice or an offering.

All information contained within should not be acted on by any interested parties without first obtaining legal advice.

L-1

MANAGERIAL TRANSFER VISA PROGRAM

GENERAL OVERVIEW

UNDERSTANDING THE U.S. L-1 MANAGERIAL TRANSFER VISA PROGRAM

L-1 MANAGERIAL TRANSFER VISA PROGRAM

An L-1 visa is an authorization for a manager/executive from a foreign corporation to operate an affiliated company or office.  In many cases, depending on the legal structure of the foreign entity, the US based business does not have to be the same type of business conducted in the foreign country.  What is important is that the US based company and the foreign company are “related” pursuant to the requirements of the Immigration and Naturalization Act (“INA”) through their shareholder composition.  The essence of the visa is the ongoing ownership relationship of the foreign entity owners to the domestic entity and that the person to be transferred has worked for the foreign entity in the position of executive or manager of an essential function within the foreign corporation for at least one year within the three years prior to filing the application.  Upon approval of the application, the beneficiary will can be transferred to the U.S. to manage the U.S. based operations.

 

One of the several important aspects of the L-1 visa is that the U.S. operations should be creating employment and that the L-1 beneficiary be active in the management of the U.S. operations.  Depending on the success of the U.S. based operations, the L-1 visa can lead to a permanent transfer which results in obtaining the United States Permanent Residency, referred to by many as the Green Card.  There are many details that should be analyzed in deciding which visa would be appropriate for you and your family as well as your business partners.  Consultation with an attorney experienced in immigration law would be essential.  Another benefit of the One of the benefits of the L-1 visa is that, depending on the number of employees generated by the U.S. operations, more than one manager or executive can be transferred from the foreign entity to assist in the management of the U.S. entity.  The details and further explanations should be obtained from experienced immigration legal counsel.