Congratulations to our clients from India for the recently approved application for L1A – Intra-company Transferee Visa! This social media and public relations company from Mumbai opened a subsidiary in the US intending to transfer its CEO (and family) to manage the new U.S. operation.

The L-1A Intracompany Transferee classification applies to qualified executives and managers who can be transferred from their foreign employer to work for up to seven years in the United States for an appropriately affiliated U.S. company. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S. for the purpose of establishing one. The qualified executive or manager must show that he/she has been working in an executive or managerial capacity for the foreign parent company abroad for at least one continuous year in the three years immediately preceding his/her L-1A application.

When the case involves a new operation in the U.S., the USCIS applies a higher level of scrutiny in evaluating the evidence. Some of the challenges include showing an appropriate legal relationship between the foreign parent company and the U.S. branch subsidiary or affiliate along with the number of managerial support employees for an Intra-Company Transferee, a sufficient investment amount, sufficient office space, and a qualified description of employment responsibilities of the immigrant EB-1 preference which is similar to the non-immigrant L-1A category and does not require a labor certification as many other EB categories do.

This case, as with all Cella & Associates Employment-based and/or Investment-based applications, was handled by attorney Joseph G. Cella and Senior Case Manager Tatyana Meerson.

If you need help to obtain an L-1 visa for you or one of your employees, or with any immigration matters, please contact us at 877-583-7080.

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