L-1 VISA , INTRACOMPANY TRANSFEREES
L-1 visas are temporary nonimmigrant visas available for employees who intend to enter the United States to work temporarily in either a managerial or executive capacity, or in a capacity that involves specialized knowledge for a parent, branch, subsidiary, or affiliate of their current employer. To qualify for an L-1 approval, the applicant must have been employed abroad continuously for one (1) of the previous three (3) years by a parent, branch, subsidiary, or affiliate of the U.S. organization in either a managerial or executive capacity, or in a capacity involving specialized knowledge.
Managerial capacity means a position within an organization in which the employee primarily:
· Manages the organization, department, subdivision, function, or component,
· Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or department or subdivision of the organization,
· Has authority to hire and fire or recommend personnel actions (if other employees directly supervised), or if no direct supervision, functions at a senior level within hierarchy or as to function managed, and
· Exercises discretion over day-to-day operations of the activity or function.
Please note that front line supervisors are not considered managers unless the employees they supervise are professionals.
Managerial capacity means a position within an organization in which the employee primarily:
· Manages the organization, department, subdivision, function, or component,
· Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or department or subdivision of the organization,
· Has authority to hire and fire or recommend personnel actions (if other employees directly supervised), or if no direct supervision, functions at a senior level within hierarchy or as to function managed, and
· Exercises discretion over day-to-day operations of the activity or function.
Please note that front line supervisors are not considered managers unless the employees they supervise are professionals.
Executive capacity means a position within an organization in which the employee primarily:
· Directs the management of the organization or a major component or function,
· Establishes goals and policies,
· Exercises wide latitude in discretionary decision-making, and
· Receives only general supervision or direction from higher-level executives, board of directors, or stockholders.
Specialized Knowledge:
· Specialized knowledge means that an employee has a special knowledge of a company product, service, research, equipment, techniques, management, or other interests, as well as its application in international markets, or an advanced knowledge of processes and procedures of the company.
One advantage of the L-1 over the H-1B is that the filing of a Labor Condition Application ("LCA") is not required for an L-1 visa petition, thus eliminating Department of Labor oversight of the petition. This is especially beneficial to nonprofit and charitable organizations who sometimes cannot meet Department of Labor salary requirements. Another advantage is that unlike the H-4 dependents of an H-1B visa holder, L-2 dependents of L-1 visa holders may obtain authorization to work in the United States.
As with the H-1B, the presumption of nonimmigrant intent does not apply in the L-1 category, so a beneficiary of an L-1 visa petition may pursue permanent residence in the United States.
An I-129 petition with the L supplement must be filed to request L-1 approval. Petitions must be filed at the U.S. Citizenship and Immigration Services office having jurisdiction over the place of intended employment.
· Directs the management of the organization or a major component or function,
· Establishes goals and policies,
· Exercises wide latitude in discretionary decision-making, and
· Receives only general supervision or direction from higher-level executives, board of directors, or stockholders.
Specialized Knowledge:
· Specialized knowledge means that an employee has a special knowledge of a company product, service, research, equipment, techniques, management, or other interests, as well as its application in international markets, or an advanced knowledge of processes and procedures of the company.
One advantage of the L-1 over the H-1B is that the filing of a Labor Condition Application ("LCA") is not required for an L-1 visa petition, thus eliminating Department of Labor oversight of the petition. This is especially beneficial to nonprofit and charitable organizations who sometimes cannot meet Department of Labor salary requirements. Another advantage is that unlike the H-4 dependents of an H-1B visa holder, L-2 dependents of L-1 visa holders may obtain authorization to work in the United States.
As with the H-1B, the presumption of nonimmigrant intent does not apply in the L-1 category, so a beneficiary of an L-1 visa petition may pursue permanent residence in the United States.
An I-129 petition with the L supplement must be filed to request L-1 approval. Petitions must be filed at the U.S. Citizenship and Immigration Services office having jurisdiction over the place of intended employment.
— USA Law - USA Lawyer (@Immigrationinnj) 30 de abril de 2018
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