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L Visas / Company Transfers

 

* Extracted from BCIS website: http://uscis.gov/graphics/services/visas.htm#L

An alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge. An alien transferred to the United States under this nonimmigrant classification is referred to as an intracompany transferee and the organization, which seeks the classification of an alien as an intracompany transferee is referred to as the petitioner. Certain petitioners seeking the classification of aliens as intracompany transferees may file blanket petitions.

L-1A: Executive, Managerial

Executive Capacity:

  1. Directs the management of the organization or a major component or function of the organization;
  2. Establishes the goals and policies of the organization, component, or function;
  3. Exercises wide latitude in discretionary decision-making; and
  4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
Managerial Capacity:
  1. Manages the organization, or a department, subdivision, function, or component of the organization;
  2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
  3. Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
  4. Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisorís supervisory duties unless the employees supervised are professional.

Stay:

Initial Stay is up to 3 years when coming to existing office; coming to new office-up to 1 year; extension of stay in increments of up to 2 years. Total stay limited to 7 years.

L-1B: Specialized knowledge

Specialized knowledge means special knowledge possessed by an individual of the petitioning organizationís product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organizationís processes and procedures.

Stay:

Initial stay is up to 3 years when coming to existing office; coming to new office-up to 1 year; extension of stay, one increment of up to 2 years. Total stay limited to 5 years.

L-2: Spouse or Child of L-1

The spouse and unmarried minor children of the beneficiary are entitled to L nonimmigrant classification, subject to the same period of admission and limits as the beneficiary, if the spouse and unmarried minor children are accompanying or following to join the beneficiary in the United States. Neither the spouse nor any child may accept employment unless he or she has been granted employment authorization.

H-3 and J-1 Visas for Trainees

H-3 Visas are for temporary workers invited by an individual or organization for purposes of receiving instruction and training other than to receive graduate medical education or training. The training program must be one "that is not designed primarily to provide productive employment." An H-3 visa may be issued for periods up to three years.

J-1 Visas are for exchange visitors who are bona fide trainees and have no intention of abandoning their foreign residence. Participation in an exchange program may be for purposes such as teaching, studying, observing, conducting research, consulting, and receiving training. The applicant must have sufficient funds and fluency in English. The J-1 trainee visa is available for interns who are still in College as well as recent graduates for periods up to 12 months. The J-1 practical training visa program is generally available for periods up to 18 months.

J-1 Waivers

Certain J visa holders are subject to a requirement that they must return to their home country or country of last residence for two years upon completion of their training in the U.S. Waivers to this 2-year residency requirement may be granted.

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