Canada to U.S. Corporate Transferee L-1 Free Trade NAFTA Visas

Corporate Transferees

According to NAFTA, Canadian based companies may transfer a manager, executive or an employee with "specialized knowledge" to their New or Existing U.S. branch office, affiliate, subsidiary or joint venture, for temporary periods, provided that the Canadian based company continues to do business abroad while the manager, executive or employee with "specialized knowledge" is working in the United States. This is the L-1 Intra-Company Transferee temporary work visa. The Canadian based company must show that the 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 arranging for adequate initial office space. We can incorporate a U.S. company in any state, and arrange for adequate initial office space at additional charges. The processing time for the L-1 Corporate Transferee Visa is normally 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, only 1 year. These visas may be renewed for consequtive temporary periods.

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 parent company must tbe 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; and the the transferred manager or executive has employees to supervise. The processing time for this Green Card Petition is only 4-5 months.

For more information about Canada to U.S. NAFTA Business Immigration, send e-mail to Mark Carmel, Attorney at Law, uslawyer@uslawyer.com.



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