LEGALLY SPEAKING

Posted on: January 10, 2006 by: Deshvidesh

THE “L” VISA – Intra-Company Transfer

L visa is the Non Immigrant Visa category that allows executives, managers and special skilled workers of multinational corporations to work temporarily in the United States. The L visa category permits multinational firms to transfer personnel to their locations in the United States.These workers come to the U.S. as intra-company transferees who are coming temporarily to perform services for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The alien comes either as

a. L1-A i.e. in a managerial or executive capacity or

b. L1-B i.e. a specialized knowledge or specialized skill worker capacity.

This visa category may also be used by a foreign business to send an employee to the U.S to open a new office in the U.S. These businesses send their managers, executives or special skilled worker to establish the U.S operation. For example a business in India can set up an over sea’s office here in the U.S, and send one or more of the employees working in the Indian office to establish and run the U.S counterpart.

The basic requirement for the L1 beneficiary employee to qualify for a L1 (A or B) petition is that the employee must have been employed as an executive, manager, or as a specialized skill worker abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary) on a full-time basis for at least one continuous year during the three years immediately preceding the filing of the L-1 visa petition.

A U.S employer or a foreign employer may file the L1 Visa petition. The Foreign employer must either have a legal business in the United States or has to show that the L1 beneficiary is coming to the United States for setting up a new business.

The L petition is filed on the form I-129 along with L supplements. The petition has to be filed with the following evidence:

A. Relationship between the U.S. and the foreign employer to show ownership and control. The documents that can be used as evidence are:

Copies of articles of incorporation,
Annual report
Financial statements
Stock certificates etc.

B. Proof of Employment and Capacity: This requirement can be met by forwarding a letter from the employee’s foreign qualifying employer giving

Complete details about the employee’s duration of employment to demonstrate that the employee has been employed for a minimum of twelve months during the three years immediately preceding the filing of the L-1 visa petition.
Job duties, qualifications, and salary. The job duties described need to demonstrate that the alien worked for the employer abroad in an executive or managerial capacity or in a position involving specialized knowledge.

C. Proposed employment in the U.S. This would need details provided by the employer regarding:

The proposed job duties
Qualifications required for the proposed job
Evidence to demonstrate that the proposed employment is in an executive or managerial capacity or in a position involving specialized knowledge.

The above are the basic filing documents used for an L1-A or L1-B petition; additional documents are needed when a new office is to be set up:

If the alien is coming to the U.S. to open a new office in the capacity of an executive or manager i.e. L1-A, the petition would also need additional evidence that the intended business entity in the U.S.:

Has already secured sufficient premises to house the new office
Has, or will have, the qualifying relationship with the foreign employer
Within one year of approval of the L petition the business will have the financial ability to support the executive or managerial position on which the beneficiary is being transferred. The documents required to demonstrate this would be

1. Size, scope, organizational structure, and financial goals of the U.S operation.

2. Financial and organizational information about the foreign entity

If the alien is coming to the U.S. in a specialized knowledge capacity i.e. L1-B, to open a new office, the petition would need evidence that the intended business entity in the U.S

Has already secured sufficient premises to house the new office
Has, or will have, the qualifying relationship with the foreign employer
Has the financial ability to compensate the alien beneficiary and to begin doing business in the U.S.

The above are just basic support documents for L petitions, additional documents may be needed depending on each situation.

L visa dependants, L extensions, Blanket L petitions : Next Issue

VAWA Cancellation of Removal

In the previous issue we briefly discussed the Violence Against Women Act and the relief it grants the abused victims in the way of self-petitioning and attaining residency.

The other form of reprieve that VAWA grants the abuse victims is cancellation of removal. This situation generally arises when the battered immigrant tries to take any stand (e.g. police protection) against the abuser. More often than not the abuser retaliates by not filing or withdrawing the immigrant petition and reporting the battered immigrant to the immigration authorities. Thus the battered immigrant now finds herself in a removal proceeding. In this situation if the battered immigrant can qualify for the VAWA cancellation then an Immigration Judge grants cancellation of removal (or deportation) and grants lawful permanent residence to the abused individual.

To qualify for a VAWA cancellation the applicant has to demonstrate the following

Good faith marriage
Good moral character of the applicant
Extreme hardship i.e. leaving the United States would subject the applicant or the applicant’s child to extreme hardship/Relationship with the abusive LPR/USC: The abused spouse/ former spouse/ abused child/ abused parent of a USC/LPR or non-abused parent of a child abused by a USC/LPRBattery or extreme cruelty:The USC/LPR must have subjected the applicant to “battery or extreme cruelty”.
Three years Continuous Physical Presence in the US prior to filing this application.
Status of Abuser i.e. Abuser is or was a USC or LPR.

The requirements above have been stated in a very brief manner. VAWA self petitions and cancellations are complex procedures needing a lot of support documents and verifications. It is advisable that the applicant consult an immigration attorney, or an immigration organization for assistance in the application process.

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