L-1A Visa To USA - Abhinav Outsourcings Pvt. Ltd.
L-1A Visa to USAFor Managers and Executives of overseasbusiness interested in Establishing New officein United States of AmericaAbhinav Outsourcings Pvt. Ltd. www.abhinav.com
Contents1.Introduction2.Important Definitions3.L-1A Permit Requirements4.L-1 A Visa Prerequisites – Document Checklist5.L-1 A Prerequisites for the Blanket L-16.How Overseas Firms, Groups Can Be Eligible to file an L-1 visa application!7.L-1 Visa – List of Supporting Certificates/Papers8.L-1 A visa Conversion into US EB-1C, Employment-based Green Card - Forinternationalmanagers / executives9.L-1A, EB-1C Conditions—an Evaluation10.Contact UsThis booklet provides information on L-1 Visa to USA and is designed to help readers get a general idea about theL-1 visa application process and other issues related to this category. The information provided is not to be takenas LEGALor consulting advice. Reading this information does not create any consultant-client relationship. Theinformation provided can only be used and printed for non- commercial use and information. No informationprovided in this booklet can copies or printed without permission. Although we go to great lengths to make sureour information is accurate and useful, we recommend you consult a lawyer if you want professional assurancethat our information, and your interpretation of it, is appropriate to your particular situation.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
IntroductionUSA L-1A visa is an excellent category for large, medium and small sized corporations based outside India, tostart their business operations in USA. To manage such new business office in USA, the company is permitted tonominate any of its directors, partners, owners, senior managers or executives (and his accompanying spouseand dependent children below 21 years) to make a visa application under L-1 visa category. For serious andgenuine visa applicants who will conduct serious business in USA, this is an excellent visa option to make USAtheir and family’s home in the long run under the EB-1C category.A person may start a new office in the USA and submit a submission for an L-1A Visa. The USCIS, to begin with,will sanction his L-1A Visa for a time-frame of 1 year even while it may be duly revived two times, 3 years at agiven time, for a combined total of 7 years. The USCIS will wish to witness proof of a business diagram, and thiscovers financial projections for both the US branch & the overseas parent firm.The L recipient, who is arriving in the country with a view to open a fresh place of work could be categorized as amanager or executive for the duration of the one year needed to reach the “doing business” stage in case theissues enfolding the institution of the planned group are such that it may be likely that the group will - inside 12months or one year - offer backing to an executive or managerial opening. The issues to be duly mulled overcomprise the amount of investment, the proposed personnel structure, service or produce to be offered,physical infrastructures, besides the feasibility of the overseas operation.Even though it is likely that an executive or manager-- who is needed to open a fresh firm or bureau--will bemore enthusiastically associated in everyday businesses for the period of the first phases of the business, heshould also possess the power, and have plans to employ workers and also have a great deal of freedom inmaking decisions about the association’s objects & management.This category is more applicable for situations where overseas businesses are planning to open their branch orsubsidiary offices in USA and wish to place a senior manager or executive in USA to manage the affairs of theproposed branch office or subsidiary. Companies already having their branches or subsidiaries in USA also usethis visa category to get additional managers or executives for their growing US business interests.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
Important DefinitionsManager“Managerial” explains a position in which the migrant worker supervises the firm, a branch, or a subdivision. It iscrucial that the manager possesses the power to control, manage, employ, and fire other workers. He shouldhave discretion over everyday operations. The regulation does not include the first-line supervisors, barringthose responsible for professional-level employees. The same does not cover employees principally accountablefor the manufacture of goods or provision of services.The universal decree is that a manager should manage other managers or supervisory-level workers. In case thecondition offers a difficulty, one option is to prove that the manager directs individuals who possess expertdegrees at the Bachelor’s Level needed for their jobs. Managers do not have to direct layers of persons in casethey are efficient managers.A functional manager is an individual who is a senior person inside the firm and/or who supervises anindispensable task. It is not necessary that these functional managers supervise a department with workforce.They could handle a role.ExecutiveWith a view to make the grade as an executive, the alien employee’s major functions should have included thedirection of the management of the whole group or one of its primary components. It is vital that the workerhas had broad discretion in decision-making, and has been subject to not more than general management bysuperiors. Workforce, in point of fact, associated with the manufacture of goods or services are not qualified.The worker should have managed some workers. Executive capability does not comprise those who carryouthigh-level but personnel-remote activities. An executive does not unavoidably have to supervise a huge figure,or tiers of workers. It fits into the depiction of manager.Summary: While it is vital that a manager possesses the power to control, manage, employ, and fire otherworkers; an executive does not inevitably have to control a huge figure, or tiers of workers.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
L-1A Permit RequirementsThere are two dissimilar processes to gain the L-1 Permits, namely, Regular & Blanket. While the Regular L-1Permits are individual and require having sanction from the USCIS individually; the Blanket L-1 Permits, do notrequire sanction individually even as these are made available for recruiters that fulfill some conditions. Thecontents of this booklet refer to INDIVIDUAL L-1A petitions.L-1A Visa Prerequisites – Qualifying Employer AssociationIt is vital that the firm has an association, which makes it qualified for this kind of permit, like an affiliateorganization, a new local office or subsidia-1 Visa Requirements on the overseas grounds.The L-1 Permit is not nation specific & it is a Dual Intent Permit. Dual Intent signifies that there is no needwhatsoever of L-1 receivers to maintain an overseas residence and could file a petition for a Green Card later on.Permit Requirements for the L-1A Permit1. The executive/manager should have worked out of the country for the overseas organization for acontinuous duration of 1 year during the preceding three years, prior to entry to the US.2. The transferee should have been hired overseas in either a managerial or an executive capacity,otherwise called a qualifying capacity.3. The executive/manager should be arriving to the US firm to offer his professional services in amanagerial or executive position. The federal law suggests that the executive capacity, by and large,refers to the worker’s capability to make decisions with a great freedom, and minus much oversight.4. Managerial capacity commonly refers to the capacity of the worker to manage and have power over thework of professional workers and to administer the group or a section, subdivision, function, or part ofthe group. The same could also refer to the managers’ capability to supervise an indispensable functionof the firm at a high level, minus the direct administration of others.5. Directors, partners, proprietors or senior executives of existing overseas business that are opening theirbranch or subsidiary in USA make an application under either of above – executive or managerial –capacities and manage the USA operations of the principal company.6. The executive/manager should be skilled for the position by asset of his or her previous education &experience.7. The L-1 Permit holder should aim to leave the shores of the US upon the conclusion of his sanctionedstay.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
L-1 A Visa Prerequisites – Document ChecklistTo start with, it is vital that a notarized English translation accompanies every paper/certificate in a foreignlanguage.Overseas Firm: Latest yearly report or financials – the previous three years Firm Brochure or Marketing matters Duplicate of US Office Lease Proof of Ownership with the US Firm An employment offer letter mentioning the duties to be carried out in the US A duplicate of a comprehensive Organizational Chart of the Foreign FirmUS Firm: Latest yearly report or tax return– the previous three years Firm Brochure or Marketing Material Duplicate of the Office Lease Proof of Ownership with Foreign Company A duplicate of a thorough Organizational Chart of the U.S. Company L-1 Visa Requirements from the Foreign National Reproduction of Visa & I-94 (in case in the US) Proof that the migrant worked at overseas firm for not less than 12 of the previous 36 months (letterfrom boss, paycheck reproductions, etc.) Carbon Copy of CV Duplicates of diploma and transcripts from university degrees (in case accessible) Reproductions of letters of experience from preceding recruiters (in case obtainable)Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
L-1 A Prerequisites for the Blanket L-1 Documents The firm should already have a place of work in the US that has been running for not less than 1 year. The firm should have not less than three domestic/foreign local offices, branches, or subsidiaries. Apart from this, the firm should cater to one of these: The business should have gained not less than 10 sanctions for L-1, during the 12-month time frame priorto presenting a blanket application. The business and its US branch & affiliates should have shared yearly sales of not less than 25 milliondollars. The company has a workforce in the United States of at least 1,000 employees.L-1 A Requirements for a Fresh Firm:Every one of the above; however, in place of the yearly report or tax return a business plan (and this covers thepredictable income statement, organizational chart, & balance sheet).L-1 A Visa Prerequisites for an Extension/Renewal:Every one of the above and reproductions of the receiver’s three latest paychecksSummary: It is vital that the firm has an association which makes it qualified for L-1 Permit, like; for example, anaffiliate organization, a new local office, or subsidia-1 Visa Requirements on the overseas grounds.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
How Overseas Firms, Groups Can Be Eligible to file an L-1 visaapplication! With a view to make the grade for the L-1 position, the overseas (non US.) firm- for which the L-1executive works for - ought to have a specific association with the future job-provider (applicant) in theUS.It is crucial that the two firms share common power.In relation to the overseas (the non US) firm, the petitioner (the US Firm) should be either a parent or asubsidiary.The USCIS duly identifies 4 different business structures as subsidiaries even while the common constituent inevery case is control by the parent group of both the migrant worker’s overseas recruiter & the future USrecruiter.Any legal body of which a parent firm owns--either via direct or indirect ways—over 50% & exercises power overthe body. A business possessed 50% by a parent firm with control of the body. A 50-50 Shared Undertakingdirectly or indirectly, possessed 50% by the parent firm, and equally managed by the parent firm, in which theparent firm has the important veto power. Any unit of which--either via direct or indirect methods--a parent firmowns less than 50%, but over which the same, i.e., the parent firm, has real power.Affiliate (the same comprises joint ventures organized in the US.): It’s basically a kind of subsidiary. The L-1affiliates are typically either one of two subsidiaries of a common parent, or one of two entities possessed by acommon group of people. Each owner should own roughly the same share of each body.50-50 Joint Undertaking: Should be either directly or indirectly possessed 50% by the parent firm, and uniformlycontrolled by the parent firm, in which the parent firm has the veto authority.Branch: A bureau or division of the identical group situated in another nation is regarded a branch.Summary: In order to be accepted for the L-1 position, the overseas (non US.) firm--for which the L-1 workertoils--ought to have a specific association with the future job-provider (applicant) in the US.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
L-1 Visa – List of Supporting Certificates/PapersFrom the Overseas Firm: A firm brochureDuplicates of Articles of IncorporationDuplicates of financialsDuplicates of bank statementsDuplicates of the business lease or mortgage or deed.Duplicates of telephone & utility billsDuplicates of agreements with other firms, including US firmsA reproduction of the Organizational ChartFrom the US Firm: A firm brochureReproductions of Articles of IncorporationReproduction of business plan (in case new business)Reproductions of financialsReproductions of bank statementsReproductions of the business lease or mortgage or deedReproductions of telephone & utility billsReproductions of agreements with other firms, including the US firms.A Reproduction of the Organizational Chart (or planned Chart)From the Overseas Person: Duplicate of PassportDuplicate of Permit and I-94 (in case in the US) Proof that the migrant worked at overseas firm for not less than 1 year out of the previous three years(letter from recruiter, paycheck duplicates, etc.)Copy of CVDuplicates of diploma & transcripts from university degrees (in case accessible)Duplicates of letters of experience from previous recruiters (in case accessible. Remarks: This is a representative list. Any additional document can be requested by our offices or lawyers or byUSICS or any other US government agency.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
L-1 A visa Conversion into US EB-1C, Employment-basedGreen Card - For international managers / executivesAgainst the backdrop of the sustained growth and development of an international economy, several groups aremoving their higher-ranking employees across the globe to the places where their requirement is felt the most.The same comprises shifting executives & managers to the US to spearhead their firm’s business operations inthe country.Several of such managers & executives consider gaining US Permanent Residence, a "Green Card," - either toreduce the hassles related with having to renew their nonimmigrant position, or just because they desire to stayin the country, and finally become the nation’s proud citizens.The people - who are arriving in the US employing the L-1A Intra-company Transferee Visa for managers andexecutives - are on a direct path to making the grade, and being accepted for the EB-1C (Global Executives &Managers) employment-based Green Card. The EB-1C closely looks like the L-1A non-immigrant permit in itsfundamental requirements. So, a lot of individuals, who make the cut for an L-1A Permit, also meet therequirements for the EB-1C status, minus being subjected to the procedure of labor certification.Even as the L-1A Permit offers an easier corridor for the people eager in submitting a petition for permanentresidence, via the EB-1C stream, the L-1A position is essentially not a requirement for the EB-1C eligibility.Furthermore, the L-1A endorsement does not mean a sanction of the EB-1C for the identical receiver. Rather apermitted L-1A just shows that the individual has presented the first prima facie evidence of having made thegrade for an EB-1C Green Card.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
L-1A, EB-1C Conditions—an EvaluationThe EB-1C employment-based immigrant permit and the L-1A nonimmigrant permit for the internationalmanagers and executives have the below given conditions: The US petitioner is a parent, subsidiary, or partner of a firm in another nation; In the three-year time-frame straight leading to the submission of the application, or in case the recipientis already present in the US, for his admission into the country, the beneficiary ought to have done a jobfor not less than 1 year out-of-the-country with the parent, subsidiary, or affiliated firm of the UScustomer;The chief dissimilarity between the non-immigrant and the immigrant classes is that the L-1A Permit enablesindividuals, to move to the US as either managers or executives. On the other hand, the EB-1C stream requiresthat the receiver’s status at the qualifying foreign firm was managerial or executive. In both these situations, theforeign managerial status had to be much above a first-line administrator.The L-1B specialized knowledge workers normally do not make the grade for the EB-1C, unless the candidate canprove that the receiver worked as a manager or an executive for the organization overseas, and that the jobgiven in the US is "executive" or "managerial." Therefore, an L-1B can only be entitled for the EB-1C Green Card,in case he also becomes recognized as a manager or executive, apart from possessing expert knowledge.Being & Staying in BusinessOne extra condition for both the L-1A & the EB-1C is that the petitioning group ought to be "doing business," asthe term is described by the USCIS, for not less than 1 year overseas, and in the US, prior to submitting a petition.But, through the L-1A, there is “New Office" exclusion to this regulation, which enables the applicant to showthat the:1. The American firm has obtained enough physical grounds to carryout business;2. Recipient fulfills the one-year nonstop employment abroad condition; and3. The freshly formed US firm will, inside 1 year, "support an executive or managerial position."Sanction for the New Office L-1 submission will only be for 1 year. At the close of the 1st year, the firm willrequire submitting an extension proving that the business is active, completely ready, and needs either amanager or an executive.This characteristically involves proving that the group has developed its American revenues, and has employedextra workers. The first year for the New Office L-1s is a temporary time, post which the firm has to establish thatit is rather committed to being in business in the country. Post the said extension is sanctioned, only after thatthe receiver can chase an EB-1C Green Card.Unlike the L-1 Permit, the EB-1C Green Card submission does not have an exception for firms that are coming upwith a fresh bureau in the US. In its place, the same requires that the American firm have been in business fornot less than 1 year, prior to the application is submitted. It restricts the New Office L-1 receiver’s skill to straightaway submit an EB-1C submission. It is vital that the beneficiaries--who have arrived in the US to start a newbureau—cool their heels until the one-year time frame has gone by even while the 1st year extension has beengiven a green signal.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
Apart from the condition that the group is in existence in America for a period of 1 year, it is crucial that theapplicant also proves that the firm abroad will keep on operating; even post the recipient has been moved to theUS bureau. It’s true in the situations of both the EB-1C and the L-1 visa, and is particularly spot on when thetransferee is a chief force in the success of the foreign firm.Via the L-1 visa stream--in case a firm ceases to operate in the overseas nation - the L-1 permit standing isannulled, and the recipient should change his position in the US to a new categorization, or go away from thecountry.Through the EB-1C class, the stoppage of operations by the overseas firm, prior to the beneficiary gains theirGreen Card, would lead to the US immigration body, i.e., the USCIS, cancelling the underlying I-140, and alsorefusing the petition filed for Permanent Residence. For these grounds, the continuing operation of both theoverseas and the US bureaus is a constant provision for both the L-1 and the EB-1C streams.Summing-upMaking the cut and being accepted for the EB-1C, Multinational Executives and Managers immigrant permit classis beneficial since there is not any requirement of any labor certification for the receiver. Labor certification is adreary procedure and this involves many extra steps. The firm has to carryout test of the labor market, via arecruitment process to come to a decision in case any modestly qualified US employees are obtainable who areprepared, talented, and ready to fill the opening.As most of the times, the opening would be that of a higher-ranking executive or manager, such recruitmentwould neither help or be seriously embarked on by the firm. The EB-1C stream is molded for just this situation,permitting the international groups to move higher-ranking executives & managers to the US with just anemployment offer, and minus a requirement for the staffing.But, making the cut for the EB-1C immigrant permit is not an easy job. As delineated in the edit, getting hold of aprior L-1A support shows that the recipient will possibly also make the grade for an EB-1C, as the qualifications asthe two permit streams are incredibly comparable. Still, it is not an assurance.The petition preparation for the permit class is rather difficult necessitating far-reaching study of thefundamental facts. For these grounds - those keen in pursuing an EB-1C -seek and get advice from an extremelyknowledgeable and skilled attorney who has successfully managed the EB-1C immigrant permit submissionsearlier.Summary: Individuals - turning-up in the US utilizing the L-1A Intra-company Transferee Visa for managers andexecutives - are on a direct path to being accepted for the EB-1C (Multinational Executives & Managers)employment-based Green Card.Abhinav Outsourcings Pvt. Ltd. www.abhinav.com
Contact UsCorporate OfficeAbhinav Outsourcings Pvt. Ltd.307, 3rd Floor, Devika Tower,Building No.6, Nehru Place,New Delhi - 110019 IndiaPh. No: 0-8595338595Fax: 011-4155-2514Email: web@abhinav.comBranchOfficeBangaloreUnit #105, Ground Floor, Prestige Meridian –II, M.G. Road,Bangalore - 560 001, IndiaPh. No.: 0-8595338595Email:bangalore@abhinav.comMumbaiTrade Center, 2nd Foor, Office no - 214/215, Above VFS, BKC, Bandra- (East), Mumbai - 400051,India Ph. No.: 0-8595338595Email: mumbai@abhinav.comHyderabad#608; 6th Floor, Shangrila Plaza, Road Number 2, Opposite KBR Park, Banjara Hills,Hyderabad, Telangana 500034, India.Ph. No.: 0-8595338595Email: hyderabad@abhinav.comAbhinav Outsourcings Pvt. Ltd. www.abhinav.com
4. L-1 A Visa Prerequisites - Document Checklist 5. L-1 A Prerequisites for the Blanket L-1 6. How Overseas Firms, Groups Can Be Eligible to file an L-1 visa application! 7. L-1 Visa - List of Supporting Certificates/Papers 8. L-1 A visa Conversion into US EB-1C, Employment-based Green Card - For international managers / executives 9.
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