INTRA-COMPANY TRANSFER L1A / L1-B

L1A and L1-B US work visas were specifically designed by US Immigration in the 1970s, whereby certain key employees or, ones that have specialized skills, obtain their US work visas, and US permanent residencies (green cards) when multinationals, corporations, and small businesses expand their activities to the US, by opening an operating branch or subsidiary in that country.

The old maxim dictating that you must hire Americans to manage your business has never been true because to succeed in the US, as a foreign company, you must be in total control of all aspects of your business.  It must be managed your way.

Here is how we can help!!! LET US BE PART OF YOUR TEAM!

1. Immediate and unlimited free consultation;
2. Evaluate your company’s admissibility;
3. Identify who in your foreign company is admissible to obtain a US work visa and explain why;
4. Submit all the required documents for the approval of work permits (visas) and/or US permanent residency (green card) with US Immigration (USCIS);
5. New:  spouses of L-1As and L-1Bs can now obtain US work authorization, so that they can legally work in the US and also obtain a US social security number with all its benefits;
6. Incorporate all US companies needed for your US operations;

Example:       

1. Incorporate holding company in Delaware or Nevada where many corporations in the US and the world are incorporated, so that they can benefit from certain corporate protections;
2. Incorporate in the State where you will be operating, which will be owned by your holding company;
3. For other states where you will be doing business, we will obtain a permission to do business status;
7. Thru the many contacts that we have established over the years, we can assist you with your banking, financing, licensing, insurance, fiscal and accounting needs. We also enjoy a privileged relationship with influential and knowledgeable experts in different industries and businesses everywhere in the US;
8. For your employees being transferred, let us help them in finding schools and buying or renting a home. We offer advice on matters such as insurance, banking and taxation. We even make recommendations pertaining to what they must do when leaving Canada to make the transition as painless as possible when dealing with healthcare, driver’s license or vehicles etc…

Admissibility requirements for the Foreign Company transferring its employees in the US:

1. Existing operating US company;

                       or

2. Opening a branch office or subsidiary in the US;
3. The Foreign company must have been operating in their own country for at least one (1) year and must remain in operation at all times;
4. The annual sales volume or gross revenues of the Foreign company must exceed $500,000;
5. The company must have at least five (5) employees on its payroll;
6. The persons being transferred to the US must have worked for the Foreign company for at least one (1) year out of the last three (3) years;
7. If you are a small business:  a preliminary business plan for your future activities in the US will be required;

Admissible Company transferees:
The followings are admissible to obtain US work visas and US permanent residencies (green cards):

1. Owners:  Sole owner or shareholder serving as executive capacity;
2. Executives of the company:  President and Vice Presidents;
3. Managerial staff:  General Managers, Sales Managers, Production Managers, Quality Managers, and also Middle Management;
4. Specialized skills: Employees with professional bachelor’s degree; or post-secondary degree and three (3) years experience; or who have received the company’s unique in-house training on processes and procedures relating to their products and/or services who are essential to the US operations and who can train future US employees;

Advantages of having a US branch office or subsidiary and transferring your key employees:

1. Direct access to the US market (which gives your company the same rights and privileges as the other US companies);
2. Your employees, once transferred to the US become your eyes and ears. While some of them manage your business in the US, others, your specialized skills employees, perform the necessary day-to-day hands-on work and train Americans in your particular way of doing business;
3. New:  spouses of L-1As and L-1Bs can now obtain US work authorization, so that they can legally work in the US and also obtain a US social security number with all its benefits;
4. Permanent residency (green card):  L-1A transferees (managerial & executive employees) and their dependents are considered “first preference” by US Immigration for the purpose of permanent residency. Since they are considered to be essential to the success of the US company, the US company is not obligated to recruit Americans or demonstrate that Americans are not available to fill the position of the key employee.  All other categories of US work visas that lead to permanent residency (green card) if based on employment, require the approval of the US Department of Labor that must determine that no Americans are willing or able to fill the position in the United States. These types of US permanent residency (green cards) take many years to obtain. 

Your key employees secure in the knowledge that they will not have to compete with Americans to keep their positions in the US will be more willing to move to the US with their families, and can plan their careers for the long term. Their spouses can legally work and contribute to the advancement of the family.  Furthermore, their family members knowing they will get their US permanent residency (green card) will welcome the move.