Archive for the ‘FAQ L-1’ Category
Do I qualify for L-1A status as a professional or functional manager?
L-1A status is available to managers or executives who are being transferred from a foreign company to a U.S. subsidiary, branch or parent of that foreign company. The person must have worked abroad for at least one year within the three years preceding the filing of the petition in an executive or managerial role.
There are two ways to qualify as an L-1A manager. The first involves showing that the L-1A applicant will manage a professional employee or employees (i.e. is a professional manager). Professional typically means that the employees have a minimum of a Bachelor’s degree in a relevant field. The second way to qualify is by demonstrating that the L-1A applicant will manage essential functions of the U.S. company (i.e. is a functional manager). This could be a division, department, operations, etc.
The USCIS has been scrutinizing L-1A functional manager petitions more closely in recent years. It is best to demonstrate that the L-1A manager will oversee professional employees and manage essential functions of the company, rather than solely rely on functional manager duties.
Please contact our immigration law firm if you’d like assistance with your L-1A petition or have questions about this category.
Tags: executive, functional manager, L-1, L-1A, manager, professional manager
Posted in FAQ L-1 | Read More »
Am I an intermittent H-1B or L-1 visa holder?
Intermittent status applies to H-1B and L-1 visa holders who reside in the U.S. for fewer than 6 months in a one year period. If an H-1B or L-1 visa holder maintains a residence abroad and is only needed periodically in the U.S. (not to exceed 6 months) the individual is an intermittent H-1B or L-1 employee not subject to standard time limitations.
Typically, a person may hold H-1B status for a maximum period of 6 years with limited exceptions going beyond 6 years. For L-1A status (managers/executives), the maximum time period is 7 years. For L-1B status (specialized knowledge professionals), the maximum time period is 5 years. These H-1B and L-1 time limitations do not apply to intermittent H-1B and L-1 visa holders and these individuals can renew their status indefinitely.
Filing for intermittent status is the same as filing for regular status, with a notation made that the individual resides abroad and is therefore an intermittent employee. Intermittent status is an attractive option for individuals stationed abroad and due to its flexibility, should be utilized whenever possible to avoid the standard categorical restrictions of H-1B and L-1 status. Please don’t hesitate to contact our immigration law firm if you would like to discuss intermittent status in detail.
Tags: H-1B, intermittent, L-1
Posted in FAQ H-1B, FAQ L-1, H-1B | Read More »
