Here is what Martin Lawler’s book, Professionals: A Matter of Degree, says about multinational companies or organizations:
“The petitioner must be a multinational organization. Petitioners usually are corporations but may be religious organizations or international accounting or management firms. The petitioner must have offices in the United States and at least one other country. A contractual relationship between companies is not sufficient. A qualifying organization includes an office of the same company or a parent, subsidiary, or affiliate with common owners. One company may control another with less than a majority of stock ownership….
The size of the business should not be relevant. However, practice shows that the USCIS applies more stringent standards to small and midsize organizations. The USCIS may question the firm’s finances and ability to pay the beneficiary. For companies with small offices in the United States, it has been common for the USCIS to refuse to recognize that the beneficiary will function as an executive or manager.”
VISA PROCESSES
L-1 Intra-Company Transferees
Executives, managers, and specialized knowledge employees of multinational organizations are eligible for L-1 visas. There are no numerical limits on L-1 visas.
Immediately preceding the filing of the petition, the foreign national must have been employed abroad with the qualifying organization continuously for one year in the past three years. Only a one-year L-1 visa is issued to a foreign national employed by a “new” company doing business less than one year in the United States. At the end of the year, an extension is required with proof the business is ongoing and can justify the need for the employee.
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Multinational Companies or Organizations
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Requirements
- For intra-company transferees
- Employer must be an international company or organization
- Employee must have worked for the company overseas for at least one year in the past three years before arrival in the U.S.
- U.S. job must be executive or managerial or involve specialized knowledge
- L-1A visas for executives and managers are valid up to seven years
- L-1B visas for specialized knowledge workers are valid up to five years
- Spouses and minor children are eligible for L-2 visas and spouse may obtain employment authorization
Steps for obtaining an L-1 Visa
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