| L-1 - INTRA-COMPANY TRANSFEREE
Description
The L-1 intra-company transferee visa allows executives, managers, and employees with specialized skills to transfer from the foreign company to a U.S. office, subsidiary, or affiliated company to perform temporary services. Executives and managers are issued L-1A visas, whereas employees with specialized skills are issued L-1B visa designation.
ADVANTAGES
Processing Time
Petitions are usually decided by the Immigration Service in 90 to 120 days
Duration
L-1A visas are granted initially for one to three years, with a total stay not to exceed seven years. L-1B visas are granted initially for one to three years with extensions available for a total stay not to exceed five years.
Permission To Work in The U. S.
The intra-company transferee is allowed to work for the U.S. subsidiary or affiliate company.
Includes Spouse & Children
The spouse and children under 21 are allowed to accompany the L-1 visa holder during the period of the transferee status. Dependent spouses and children are designated under the L-2 classification.
Conversion To Permanent Residence
In limited circumstances, it may be possible to convert the L-1 visa for executives and managers to lawful permanent residence status.
REQUIREMENTS
Previous Employment
The applicant must have been employed by the foreign "parent company" for at least twelve months during the three year period immediate prior to filing the L-1 visa application.
Capacity Of Employment (Past)
The applicant must have been employed as an executive, manager, or as a specialized skill worker for a minimum of twelve months during the three years immediately preceding the filing of the L-1 visa petition.
Capacity Of Employment (Future)
The applicant be employed as an executive, manager, or as a specialized skill worker for the same company, or its U.S. subsidiary or affiliate.
Intra-Company Relationship
The current (foreign) and prospective (U.S.) companies must be either the same company, or related by subsidiary or affiliate ownership.
LIMITATIONS
Seven year Limitation
L-1A visas may not be extended beyond a total of seven years. L-1B visas may not be extended beyond a total of five years.
New employees Excluded
New employees may not be transferred prior to serving one year abroad as an executive, manager, or specialized skill employee of the foreign parent company.
Foreign Company's Existence
There must be continual existence of the foreign company during the transferee's stay in the U.S.
Spouse & Children Employment
Dependent spouses and children are able to work while in dependent L visa status after obtaining an Employment Authorization (EAD).
Intra-Company Relations Continue
L-1 visa holders may remain only as long as the U.S. company qualifies as the same company or subsidiary or affiliate status with the foreign company.
P-1 - PERFORMING ARTISTS & ATHLETES
Definition
P-1 (athletes and entertainers), P-2 (reciprocal exchange performers) and P-3 (culturally unique performers) visas are issued for the purpose of allowing the performer to enter the United States to compete or perform for a temporary time period.
Duration
The P-1 may be granted for up to five years with extensions not to exceed an total stay of ten years.
The P-2 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.
The P-3 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.
ADVANTAGES
Permitted To Work In U.S.
P visa holders are allowed to enter the United States and perform for payment or prize money. The compensation for the performance may be U.S. based or foreign based.
No Labor Certification
The P visa can be issued without seeking a labor attestation or labor certification, as in the case of the H visas. Certain P visa classifications do require an advisory opinion from the appropriate labor organization, however.
REQUIREMENTS
P-1 Athletes
Athletes must demonstrate competition individually or as a team member at an internationally recognized level of performance.
P-1 Entertainers
Entertainers must be part of a group that has received international recognition as outstanding for a sustained and substantial time period. The entertainers must also have been a member of the group for at least one year and provide integral functions to the group's performance.
P-2 Exchange Performers
P-2 performers must participate through a reciprocal exchange program between a United States and a foreign based organizations which exchange artists and entertainers. The performers must serve an integral part in the performance.
P-3 Culturally Unique Performers
P-3 artists and entertainers must be performing in a program that is culturally unique.
LIMITATIONS
Individuals Not Included
P-1 entertainers (though not athletes) must be performing as part of a group and not individually.
Consultation Required
P-1 and P-3 visa petitions cannot be approved until the appropriate labor organization is consulted by the Immigration & Naturalization Service.
Reciprocity
P-2 programs must be reciprocal in nature
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