An L-1 visa allows multinational companies to transfer employees from foreign operations to their U.S. parent, branch, subsidiary, or affiliate. To qualify for this type of visa, an employer must fulfill specific criteria set by the U.S. Citizenship and Immigration Services (USCIS).
Requirements the employer must satisfy include:
- Valid and qualifying relationship: The U.S. and foreign entities must have a qualifying corporate relationship, such as parent and subsidiary or affiliates.
- Doing business: Both the U.S. company and the foreign entity must actively engage in business as legal entities during the L-1 visa’s validity.
The USCIS clarifies that “doing business” means more than just the presence of an office in the United States. Instead, the business must continuously provide a service and/or good.
What additional documentation must the employer provide?
The employer must also complete an employment based petition, form I-129H, on behalf of the employee. This will require evidence to establish the physical premise of the business or sufficient evidence to establish that a physical premise will be secured within one year of petition approval.
Additional documents may include a description of the proposed job duties and the applicant’s qualifications as well as Form I-907. Employers must ensure that all documentation is current and accurately reflects their business operations and corporate structure.
Careful preparation of the necessary documentation and adherence to the outlined requirements can lead to successful employee transfers, aiding in the global operation of the business. Employers should consider consulting with immigration attorneys to navigate this complex process effectively. This approach helps to better ensure compliance with immigration laws and facilitates the strategic international movement of key personnel.