L-1 visas are an excellent opportunity for businesses to either expand into the US market or to transfer employees to a US division on a periodic basis or for an extended duration of time. This visa category applies to businesses of all sizes and types. There are three initial requirements for an L-1 visa application: (1) the employee must have been employed outside of the US for at least one year in the past three; (2) the employee must have worked as an executive/senior manager (L-1A), or specialized knowledge worker (L-1B); and (3) the employee is being transferred to either a US new office or parent, branch, subsidiary, or affiliate of his/her employer.
It is important to thoroughly evaluate you situation to determine if the L-1 visa is the appropriate choice. The three factors described above are rigorously defined and applied by US Citizenship and Immigration Services, so every application must be meticulously prepared and presented. A consultation with one of the Bomza Law Group’s lawyers will help you determine eligibility and to devise the most effective L-1 visa strategy.
There are many benefits to the L-1A/B category. Canadian Citizens are allowed to present their L-1 application directly to a US port of entry or pre-clearance facility. The application will be decided by the officer while the applicant waits. Additionally, L-1A visas (executives/senior managers) are valid for up to seven years, and L-1B (specialized knowledge workers) are eligible for up to five years. Employees entering to open a new office are only eligible for an initial visa of one year.
One of the greatest advantages of the L-1A visa is the employee’s ability to file for a Green Card. Many times, a person who qualifies as an L-1A intra-company transferee employee is more likely to also qualify for permanent residence to the United States as a multi-national manager under the EB-1 class. This means that there is no Labor Certification requirement.
For further information with respect to US and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the US, we invite you to contact our experienced immigration lawyers and attorneys by contacting the Bomza Law Group at:
1-800-993-9971 or by clicking here: “Contact Us”.