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FAQ: What is
an Intercompany Transfer?
NOTE: The information
provided herein is of a general nature and is not intended to
apply to any particular set of facts. The information is not intended as
legal advise
and no attorney-client relationship is established with the Law Offices
of Edward Lau.
If you live in California and wish to consult with this office regarding
an estate plan,
please e-mail us for
instructions. |
Ans:
An L-1 visa is obtained in
order to transfer a foreign national to the U.S. to work for the U.S. parent,
subsidiary, affiliate, or branch office. The basic requirements to obtain
an L-1 visa are as follows:
- The employee must have completed
one continuous year of employment outside of the United States with the
overseas company within the proceeding three years before he/she can be
transferred to the related U.S. company.
- The company abroad must
be "the same employer or a subsidiary or affiliate" of the U.S.
company.
- The "qualifying organization"
must be one that is doing business in the United States and one other country
during the period of transfer.
- The transferred employee
must have been employed abroad in an "executive" or managerial"
position or a position involving "specialized knowledge."
- The transferred employee
must be coming to the U.S. to fill an executive, managerial or specialized
knowledge position in the U.S.
- The employee must be qualified
for the position by virtue of his/her prior experience and education.
- The employee must intend
to depart the U.S. upon completion of his/her authorized stay here in the
U.S.
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