EMPLOYMENT VISAS
Contac Lim Law
L-1 Visa Attorneys in Orlando
Temporary Employment Visas for Managers & Executives
What is the L-1 Visa?
The L1 visa facilitates the temporary transfer of foreign workers in the managerial, executive, or specialized knowledge category to the U.S. to continue employment with an office of the same employer, its parent, branch, subsidiary, or affiliate. This non-immigrant visa is usually short-term and typically granted for three to seven years. There are limits to renewal. Petitioners must file Form I-129.
Contact Lim Law, P.A. at (407) 897-8870 or online today to learn more about L-1 employment visas. Our immigration attorneys are ready to help!
Qualifying Organization for an L-1 Visa Petition
Any type of business can sponsor an L1 visa – corporations (S, C, LLC etc.), partnerships, government-owned entities, non-profit, religious, or charitable organizations are all eligible. The sponsoring employer need not be U.S. owned or incorporated. Several business entities in the United States can offer employment to the alien – a parent company, a branch, a subsidiary, or an affiliate of the foreign company.
Subsidiary
A subsidiary refers to a firm, corporation, or other legal entity of which a parent company owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and control the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
Parent
A parent refers to a firm, corporation, or other legal entity with subsidiaries.
Examples of this include:
- A foreign parent must own at least 50 percent of a U.S. subsidiary and have veto powers over the subsidiary’s actions
- A U.S. parent must own must own at least 50 percent of the foreign subsidiary and have veto powers over the subsidiary’s actions
- Affiliate U.S. and foreign companies must each be at least 50 percent owned by the same ultimate parent
Affiliate
Affiliate refers to:
- One of two subsidiaries, both of which are owned and controlled by the same parent or individual
- One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity
- A partnership organized in the U.S. to provide accounting services along with managerial and/or consulting services marketing its accounting services under an internationally recognized name
The worker does not need to be directly employed by the sponsor and can be paid through a personnel service company or an agency, or even as an independent consultant, as long as the sponsor had management and control over the worker during the qualifying year.
Ineligible Relationship
A contractual relationship, such as licensing or franchising, between the U.S. company and a foreign company is usually insufficient to establish the qualifying relationship to qualify for the L-1 visa.
Ineligible Relationship
A contractual relationship, such as licensing or franchising, between the U.S. company and a foreign company is usually insufficient to establish the qualifying relationship to qualify for the L-1 visa.
Corporate Changes
If either or both of the qualifying entities go through the corporate change, such as merger or acquisition or spin-off, the USCIS must be informed and will determine whether the qualifying relationship still exists between two entities.
If you have any questions, call and schedule your free initial consultation with our experienced Orlando L-1 visa attorneys. We also have offices in Maitland and Kissimmee.
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