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L-1 Intra-Company Transferee Visa |
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General Information Regarding L-1 Visas
To obtain an L1A visa, a foreign company has to open a new U.S. branch,
affiliate or subsidiary that is owned primarily by the same people who owns
the foreign company; or buy an existing company that is in a similar
business as the foreign company. The "affiliated companies" may be offices
of the same company, companies in a parent/subsidiary relationship, or
affiliate companies with common ownership by a third company or individual
or a group of individuals. The key factor in determining whether there is a
proper relationship between the foreign company and its U.S. subsidiary is
whether the same owners have "effective control" over both companies.
Effective control does not necessarily mean 50% stock ownership; some stock
ownership, even a relatively small percentage in a large company, and a
substantial degree of managerial control can establish effective control.
Once a U.S. subsidiary is created, the foreign company can "transfer" any
"executive" or "manager" of the foreign company to its U.S. subsidiary. An
"executive" or "manager" is someone who is in charge of the whole company,
or a significant part of its operations (for example, sales or marketing).
People with "specialized knowledge" necessary to open or operate the U.S.
subsidiary can also transfer to the U.S., but these visas are harder to
obtain.
One major benefit of the L1A Visa is that the L1A foreign national can
obtain a permanent residency "green card" once the U.S. subsidiary has
existed and been profitable for one year. If the foreign company buys an
existing U.S. company, the one year time period includes the years the U.S.
company has been in business.
[back to U.S. Business Visas]
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