Canada to U.S. Corporate Transfer L-1A and L-1B Visas
Corporate Transferees
According to NAFTA, Canadian based companies may transfer managers, executives, and employess with "specialized knowledge" to their New or Existing, U.S. branch office, affiliate, subsidiary or joint venture, for temporary periods. During the period of transfer, the Canadian based company must continue to do business
abroad. This is called the L-1 Intra-Company Transferee temporary work visa. In addition, the Canadian based company must show that each person to be transferred has worked for the Canadian company as a manager, executive or employee with "specialized knowledge", for at least one full year within the preceeding 3 year period. The foreign parent company and the U.S. branch office DO NOT have to be involved in the same line of business. NO U.S. INVESTMENT IS REQUIRED other than the cost of
establishing a U.S. company and initial office space. Our law office is able to assist clients with the incorporation of U.S. companies in any state, and can arrange for adequate initial office space an additional fee. The processing time for the Corporate Transferee Visa is only 2-3 weeks.
The maximum initial period of authorized stay in the United States for an employee transferred to an existing U.S. company is 3 years; and for a newly formed U.S. company 1 year. These visas may be renewed for consequtive temporary periods.
Legal fees for the L-1A and L-1B visas range from $3,000 to $4,000.
Canadian physicians in a speciality practice such as Cosmetic Surgery, or Hair Transplant Surgery, may now open a U.S. branch office without the need of passing the USMLE, or Flex exams. In addition, a U.S. state license is not a pre-requisite for visa issuance.
The new H-1B VISA REFORM ACT OF 2004 has eliminated the practice of L-1 employees being subcontracted to third party businesses, and has changed the law which previously required beneficiaries of L-1 blanket petition to work for only six months abroad before transfer, to require such employees demonstrate one year of continuous employment abroad with the foreign company before transfer.
In addition, all new L-1 Petitions are subject to the a $500 Fraud Prevention Fee, as well as the standard $185 L-1 Petition Fee.
Canadian nationals have the option of either 1. Submitting their L-1 Intra-Company Transferee Petitions at a U.S. Class "A" Port of Entry for immediate processing, or 2. Sending their L-1 Intra-Company Transferee Petition to the appropriate Regional
U.S.A. Immigration Center in the United States for processing.
Multi-National Executive Green Card Petition
Section 203 of the United States Immigration Act provides for the "Multi-National Business Executive" Corporate Transfer GREEN CARD Petition. Pursuant to this section managers or executives of foreign based companies may apply for a U.S.A. Green Card
once the U.S. branch office, affiliate, subsidiary or joint venture has been doing business in the U.S. for more than one year. To qualify for this "Multi-National Business Executive" Green Card Petition, both the U.S., and the foreign company must be actively involved in business operations; and the U.S. company must be able to show that it has sufficient earnings to pay the salary of the transferred manager or executive. The normal processing time for this Green Card Petition is only 4-6 months.
For more information about Canada to U.S. Business Immigration, send
e-mail to Mark Carmel, Attorney at Law, New York State
uslawyer@uslawyer.com.
