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Dutch / American Immigration Issues
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Being transferred to the United States, Intracompany Transferees (L-1's)

Perla Coruza was an HR manager with AKZ International in Brazil . The company wanted to bring over two accountants to the United States for a two-year project.

After a few weeks of frustrating research, Perla called me and asked if there was a possibility for the accountants to come to the US . I asked her how long these guys had worked for the company, what they would be doing in the US, what the relationship was between the two companies in Brazil and the US. Perla said she didn’t know exactly, but that she would find out.

I explained to her that an L-1 visa may a possibility. Here is a short overview:

The L-1 category applies to foreign nationals who work for a company abroad with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either

  • in a managerial or executive capacity (L-1A) or
  • which entail specialized knowledge (L-1B)

for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify.

Perla called back a few days later and told me that both candidates had been employees for the company for four years. The company in the US was actually a daughter of the German company, AKZ AG, so basically a sister of the Brazilian entity. I believed that this would be fine, but we needed to show the relationship. I gave her a list of necessary documents: Evidence of the qualifying relationship between the U.S. and the foreign employer which address ownership and control, such as an annual report, copies of articles of incorporation, financial statements, or stock certificates;

  • A letter from the alien's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications and salary and demonstrating that the alien worked for the employer abroad for at least one continuous year within the three-year period before the filing of the petition in an executive or managerial capacity or in a position involving specialized knowledge; and
  • A detailed description of the proposed job duties and qualifications and evidence the proposed employment is in an executive or managerial capacity or in a position involving specialized knowledge.

Perla had one last question. Her boss had decided that these accountants needed to start next week. “Can they start?” she asked. “Well”, I answered, “the USCIS has a system in place for certain visa categories, including the L-1, that if you pay $1,000 for premium processing they guarantee processing within 15 business days. Then you would need to add time for the visa process in Brazil , so the soonest they could start is in about a month from the date of filing”.

“I wish we would have called you sooner”, said Perla.

-- / --

Other Immigration Topics:
  Being transferred to the United States, Intracompany Transferees (L-1's)  
  Free Advice or Nightmare  
  Getting a Social Security Number  
  Immigrant Intent  
  Labor Certification and PERM  
  Secure America and Orderly Immigration Act of 2005  
  Talented Specialty Workers with a Bachelor Degree (H-1B)  
  To invest is a long short-term affair (E-2)  
  USCIS Immigration Benefit Application Fees  
  You want to work in the US, but how? Here are some answers...  



We hope you find this information helpful. If you have any immigration questions, please contact David Asser, either by phone at (602) 228 9773 or e-mail at david@asserlaw.com. You can also visit the website at www.asserlaw.com

 


 
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