Eligibility Criteria to File USA L-1A Visa

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Eligibility Criteria to File USA L-1A Visa

USA L-1A Visa

USA L-1A intra-company transfer visa is an excellent category for large, medium and small sized corporations based outside India, to start their business operations in USA. To manage such new business office in USA, the company is permitted to nominate any of its directors, partners, owners, senior managers or executives (and his accompanying spouse and dependent children below 21 years) to make a visa application under USA L-1A visa category. For serious and genuine visa applicants who will conduct serious business in USA, this is an excellent visa option to make USA their and family’s home in the long run under the EB-1C category.

The USCIS, to begin with, will sanction his USA L-1A Visa for a time-frame of 1 year even while it may be duly revived two times, 3 years at a given time, for a combined total of 7 years. The USCIS will wish to witness proof of a business diagram, and this covers 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 a manager or executive for the duration of the one year needed to reach the “doing business” stage in case the issues enfolding the institution of the planned group are such that it may be likely that the group will – inside 12 months or one year – offer backing to an executive or managerial opening. The issues to be duly mulled over comprise 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 be more enthusiastically associated in everyday businesses for the period of the first phases of the business, he should also possess the power, and have plans to employ workers and also have a great deal of freedom in making decisions about the association’s objects & management.

This category is more applicable for situations where overseas businesses are planning to open their branch or subsidiary offices in USA and wish to place a senior manager or executive in USA to manage the affairs of the proposed branch office or subsidiary.  Companies already having their branches or subsidiaries in USA L-1A Visa also use this visa category to get additional managers or executives for their growing US business interests.

Important Definitions

Manager

“Managerial” explains a position in which the migrant worker supervises the firm, a branch, or a subdivision. It is crucial that the manager possesses the power to control, manage, employ, and fire other workers. He should have discretion over everyday operations. The regulation does not include the first-line supervisors, barring those responsible for professional-level employees. The same does not cover employees principally accountable for 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 the condition offers a difficulty, one option is to prove that the manager directs individuals who possess expert degrees at the Bachelor’s Level needed for their jobs. Managers do not have to direct layers of persons in case they are efficient managers.

A functional manager is an individual who is a senior person inside the firm and/or who supervises an indispensable task. It is not necessary that these functional managers supervise a department with workforce. They could handle a role.

Executive

With a view to make the grade as an executive, the alien employee’s major functions should have included the direction of the management of the whole group or one of its primary components. It is vital that the worker has had broad discretion in decision-making, and has been subject to not more than general management by superiors. 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 carryout high-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.

Eligibility to File an USA L-1A Visa

  1. With a view to make the grade for the L-1 position, the overseas (non US.) firm- for which the L-1 executive works for – ought to have a specific association with the future job-provider (applicant) in the US.
  2. It is crucial that the two firms share common power.
  3. In relation to the overseas (the non US) firm, the petitioner (the US Firm) should be either a parent or a subsidiary.

The USCIS duly identifies 4 different business structures as subsidiaries even while the common constituent in every case is control by the parent group of both the migrant worker’s overseas recruiter & the future US recruiter.

Any legal body of which a parent firm owns–either via direct or indirect ways—over 50% & exercises power over the body. A business possessed 50% by a parent firm with control of the body. A 50-50 Shared Undertaking directly or indirectly, possessed 50% by the parent firm, and equally managed by the parent firm, in which the parent firm has the important veto power. Any unit of which–either via direct or indirect methods–a parent firm owns 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-1 affiliates are typically either one of two subsidiaries of a common parent, or one of two entities possessed by a common 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 uniformly controlled by the parent firm, in which the parent firm has the veto authority.

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