Workshop session 2_L-1 visas from end to end_jake lipman

INSZOOM Immigration Conference 2015Empower Employees for Immigration Compliance

Copyright © 2015 INSZoom Immigration Conference

About the Author: Jake Lipman

Attorney Jakob Lipman has practiced immigration law for over ten years. His practice focuses on employment-based immigration, counseling employers in complex immigration practice and policy concerns. Over the years, he has supported multinational and domestic organizations of all sizes and from every major industry. Jakob has lectured on immigration-related subjects in a variety of settings and has authored articles on corporate immigration compliance as well as the PERM labor certification process. He is an active member of the American Immigration Lawyers Association and is an expert in the area of immigration case management software. Jake is fluent in Spanish.


http://visawolf.com/find-a-visa/permanent-visas-employment/

http://visawolf.com/permanent-us-visas/

L-1 Visas from End To End

IMMIGRATION.EXPERTISE.EXPEDITED


Outline

• Introduction

• Definitions

• Managers & Executives

• Specialized Knowledge

• Process

• Blanket Petitions


H-1B and L-1 Contrasted

• No annual quota

• No prevailing wage issues

• Bachelor’s degree not always required

• 5 and 7 year limits

• Expedited green card processing for L-1A

• Dependent spouse (L-2) are allowed to work in the US

• Blanket petition available


Introduction

• Intracompany Transferee

• An alien who within the preceding three years has been

employed abroad for one continuous year by a qualifying

organization may be admitted temporarily to the United States to

be employed by a parent, branch, affiliate or subsidiary of that

employer in a managerial or executive capacity, or in a position

requiring specialized knowledge.

• 8 CFR 214.2(l)


Elements

• Employed for one continuous year

• Within the last three years

• By a qualifying organization

• Manager or Executive

• Specialized Knowledge


One continuous year… within the last three

• Full 365 Days

• Outside the United States• Time spent inside the US does not usually count towards the one

year

• Within the last three years prior to entry to the United States• H-1B to L-1A is possible


Qualifying Organization

• Parent

• Branch

• Affiliate

• Subsidiary

• Joint Venture



• Affiliate• One of two subsidiaries owned and controlled by the same parent or

individual, or the same group of individuals, each owning and controlling the same share or proportion of each entity.

• Subsidiary• An entity of which a parent:

• Owns, directly or indirectly, more than half the entity and controls the entity, or

• Owns, directly or indirectly, half 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



Documentation Required• Articles of incorporation showing common ownership of the U.S.

and foreign entities• Business licenses or other documents showing common

ownership of the U.S. entity• Annual reports describing the corporate structure• Contracts or other documents detailing the affiliate relationship• Corporate filings in the United States or abroad describing the

corporate relationship• Any other evidence demonstrating ownership and control over

the U.S. and foreign entities (i.e., stock purchase agreements, voting rights agreements, capitalization table, term sheet)


Manager or Executive

L-1A Multinational Manager• Manages the organization or a department• Supervises and controls the work of other supervisory, professional

or managerial employees, or manages an essential functionwithin the organization• Management of independent contractors, vendors or others is considered

• First line managers do not usually qualify unless they manage otherprofessionals

• Authority to hire, fire or recommend employees foradvancement• If no direct reports, must function at a senior level within the organization

• Exercises discretion over day to day operations of the function oractivity



L-1A Multinational Executive• Directs the management of the organization or a major

component or function of the organization

• Establishes the goals and policies of the organization, component or function

• Exercises wide latitude in discretionary decision making; and

• Receives only general supervision or direction from higher level executives, the board of directors or stockholders of the organization

President, Vice President, C Level Employees



• 7 Year Limit

• Streamlined Permanent Residency Process• No Labor Certification

• EB-1 • Always Current

• H-1B to L-1A• H-1B worker develops from individual contributor into manager or

executive


Specialized Knowledge

• Specialized knowledge of the petitioning organization’s product, service, research, equipment, techniques, management or other interests and its application in international markets, or

• An Advanced Level of knowledge or expertise in the organization’s process and procedures



• Specialized knowledge is not generally available in the US

• Beneficiary’s knowledge makes the Petitioner more competitive

• Beneficiary assigned to work that has enhanced Petitioner’s image or financial position

• Specialized knowledge may not be proprietary, but it helps

• Working for third parties must show that Petitioner controls

• Client assignment must require Beneficiary’s specialized knowledge



• Documentation• Patents, licenses, trademarks

• Contracts

• Proprietary Processes or Methodologies

• Certifications

• Training

• Corporate Strategy

• Trade Secrets



• 5 Year Limit• Cannot be extended

• Consider change to H-1B

• Regular Permanent Residency Process• EB-2 or EB-3

• Prevailing wage applies

• L-1B to L-1A• L-1B worker develops from individual contributor into manager or

executive


Blanket Petition

• Advantages• Faster processing

• Apply directly to consulate

• Premium processing not required

• Consular review versus USCIS• Consulates seem to be more business minded

• Specialized knowledge better received

• Face to face interview is usually better


Blanket Petition

• Requirements• At least 1 year in business

• At least 3 offices

• At least 1 of the following:• $25M in combined US sales

• Workforce of at least 1000

• 12 L approvals during last 12 months

• First approval valid for 3 years

• Second approval valid indefinitely


Process

• Individual Petition• Filed with USCIS

• Form I-129

• Form I-129L

• Form G-28

• Fees• $325 Form I-129

• $500 Anti Fraud Fee

• $1225 Premium Processing (optional)


Process

• Blanket Petitions• Filed with US Consulate in Chennai

• Form I-129S

• Fees• $500 Anti Fraud Fee


L-1 Visas from End to End

Thank you!!


Contact Info:

• Jake Lipman• 1390 Willow Pass Road, Suite 190

Concord, California 94520 USA 925-771-8181 T925-771-8180 [email protected]

• INSZoom.com, Inc.• 2603 Camino Ramon, Suite 375

San Ramon, California 94583 USA925 244 0600 T

[email protected]


mailto:[email protected]

mailto:[email protected]

Workshop session 2_L-1 visas from end to end_jake lipman

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