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1 |
What
are the basic requirements for obtaining L-1
status? |
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The
employee must have worked abroad for the overseas
company for a continuous period of one year (full-time)
in the past three years. |
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Employees
must have been employed abroad in an "executive" or "managerial" position
(L-1A) or a position involving "special
knowledge."(L-1B) |
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The
company for which the employee has worked for
a year abroad must be related to the U.S. Company
in a specific manner. This means the company
abroad must be the same employer or a subsidiary
or affiliate of the U.S. company. |
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2 |
What
is a subsidiary?
Subsidiary means a firm,
corporation, or other legal entity of which a parent
owns more than half of the entity and controls the
entity; owns 50% of a 50-50 joint venture and has equal
control and veto power; or owns less than half of the
entity, but in fact controls the entity. |
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3 |
How
long can L -1A employees remain in the U.S. ? |
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For
existing companies, the initial period of stay
is 3 years and extensions may be filed for a total
period of up to 7 years. |
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For new
companies, the initial period of stay is 1 year,
after which extensions may be granted. |
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The maximum
stay is 7 years for managers and executives (L
-1A ) and 5 years for specialized knowledge (L-1B). |
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4 |
Can
a L-1 employee/transferee bring family members into
the U.S.
?
A transferee's
spouse or unmarried children under 21 years
old may be granted L-2 visas. |
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5 |
Can
L-2 visa holders work in the U.S. ?
The
law changed in January 2002, enabling L-2 spouses
to obtain work authorization. |
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6 |
Can
L-1 visa holders apply for permanent residency (green
card)?
Yes,
after the L-1 visa holder has been in the U.S.
for one year, he or she may apply for a green
card provided the U. S. subsidiary has active
business activities and income. |
