Chicago Business Visa Lawyers

A multinational employer which wishes to transfer a multinational executives or manager to the United States can petition the USCIS for a L-1A visa.

To qualify, a multinational executive or manager must meet several criteria. First, he or she must show that in the 3 years preceding the application for admission, the alien has worked continuously for at least 1 year for a firm or corporation or other legal entity or an affiliate or subsidiary of the employer that wants to transfer the alien to the United States. Second, the alien must show that he or she seeks to enter the United States in order to continue to render services to the same employer or to its subsidiary or affiliate in a capacity that is managerial or executive.

The language of the statute limits the application to only those executives and managers who have previously worked for a firm, corporation or other legal entity, or an affiliate or subsidiary of the sponsoring entity, and who are coming to the United States to work for the same entity, or its affiliate or subsidiary in a managerial or executive capacity.

The employer must prove that it has a qualifying relationship with the foreign entity that previously employed the alien. The regulations define the following relationships.

Affiliate means:

(A) One of two subsidiaries both of which are owned and controlled by the same parent or individual;

(B) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity;

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Multinational means that the qualifying entity, or its affiliate, or subsidiary, conducts business in two or more countries, one of which is the United States.

Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

Whether an employer can transfer a foreign national to the United States in L-1A status requires analysis of the structure of the employer, the qualifications of the foreign national, the job abroad, and the proposed in the United States. The Business Visa Lawyers of Zneimer & Zneimer can assist employers with procuring L-1A visas for valuable employees. The immigration lawyers of Zneimer & Zneimer p.c. will analyze whether the employer can be qualified for a Blanket L, which may provide significant savings to qualified employers. Contact our Immigration Attorneys if you need help in procuring appropriate visa for your employees.