Call today to schedule your immigration consultation 954-385-0157 or email: BAlvarado@Blandon-Law.com.

Blandon Law Immigration

Monday, November 2, 2009

Transferees - Not Even Transferred


   When a foreign business owner or executive seeks to expand her company into the U.S. market, I recommend the L visa.  The foreigner must be employed continuously abroad for 1 of the past 3 years by a parent, branch, affiliate or subsidiary of a U.S. company.  She may also be coming to the U.S. to open a new office.  The work itself must be in a managerial or executive capacity or one that involves specialized knowledge.  Of course, all these terms "managerial," "executive" and "specialized knowledge" are subject to wide interpretations.  Immigration, after all, does not accept at face value that a foreigner qualifies.  As an attorney, I make the argument -- and have a strong record of winning it.
     The truly curious thing about L visas, however, is that foreigners who have been living in the United States for many years may qualify to change their status to transferee. If the person has been working for the foreign company for one year, but has been physically in the U.S. (perhaps training at the subsidiary), the one year is not interrupted.  In addition, if the foreigner has been in the U.S. with another status in excess of 3 years, the 1 in 3 year requirement can still be met.  Word to the wise:  if you worked for a company abroad that has -- or is willing to open -- a U.S. office, investigate this option.

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