The smooth transfer of your company’s key employees to the United States is always of great concern. Most executives, managers and employees with specialized knowledge can come to work in the United States using the L – intra Company Transferee visa.
Which Companies Qualify to Transfer Employees to the United States?
Only those companies which exactly meet the Immigration Service’s definitions of a parent, branch, subsidiary or affiliate qualify to petition for an L Intra Company Transferee visa. These definitions are very precise and require an analysis of both the foreign and U.S. ownership of the companies. Both the foreign and U.S. operations must be doing business for the entire time that the L employee is working in the United States.
There are provisions to allow a new office to open in the United States provided that evidence is submitted to the Immigration Service to prove that the new office has a suitable place to do business, a qualifying business structure exists and that the employer has the ability to pay the employee and to begin doing business in the United States.
Each case must be well-documented with evidence proving all of the legal criteria are met.