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What are the standard clauses for an L-1 intra-company transferee visa application?

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Introduction

The L-1 intra-company transferee visa is a non-immigrant visa that allows a U.S. employer to transfer an executive, manager, or an employee with specialized knowledge from one of its affiliated foreign offices to one of its offices in the United States. This visa is particularly useful for multinational companies that need to move their key personnel across borders to manage operations, oversee projects, or share specialized knowledge. The application process for the L-1 visa involves several standard clauses and requirements that both the employer and the employee must meet.

Overview of the L-1 Visa
Eligibility Criteria
1. Employer Requirements
2. Employee Requirements
Standard Clauses in the L-1 Visa Application
1. Form I-129
2. Form DS-160
3. Supporting Documentation
Legal Precedents and Case Laws
Conclusion
TLDR

1. Overview of the L-1 Visa

The L-1 visa is divided into two categories:

L-1A Visa: For executives and managers.
L-1B Visa: For employees with specialized knowledge.

The L-1A visa is valid for up to seven years, while the L-1B visa is valid for up to five years. The primary purpose of the L-1 visa is to facilitate the temporary transfer of employees within a multinational company.

2. Eligibility Criteria

2.1 Employer Requirements

To qualify for the L-1 visa, the U.S. employer must:

Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate).
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.

2.2 Employee Requirements

The employee must:

Have been employed by the qualifying organization abroad for one continuous year within the three years preceding the application.
Be seeking to enter the United States to provide services in an executive, managerial, or specialized knowledge capacity for a branch of the same employer or one of its qualifying organizations.

3. Standard Clauses in the L-1 Visa Application

3.1 Form I-129

The Form I-129, Petition for a Nonimmigrant Worker, is the primary form used to apply for the L-1 visa. The form includes several key sections:

Part 1: Information about the employer, including the company’s name, address, and contact information.
Part 2: Information about the employee, including personal details, job title, and job description.
Part 3: Information about the relationship between the U.S. company and the foreign company.
Part 4: Details about the employee’s previous employment with the foreign company, including job duties and duration of employment.

3.2 Form DS-160

The Form DS-160, Online Nonimmigrant Visa Application, is used to collect the necessary information from the employee. This form includes:

Personal Information: Name, date of birth, nationality, and passport details.
Travel Information: Purpose of travel, intended date of arrival, and address where the employee will stay in the U.S.
Work Information: Details about the employee’s current job and the job they will be performing in the U.S.

3.3 Supporting Documentation

The application must be accompanied by several supporting documents, including:

Proof of Employment: Letters from the foreign employer confirming the employee’s job title, job duties, and duration of employment.
Proof of Relationship: Documents proving the qualifying relationship between the U.S. company and the foreign company, such as articles of incorporation, annual reports, and financial statements.
Detailed Job Description: A detailed description of the job duties the employee will perform in the U.S., demonstrating that the position meets the requirements for an executive, managerial, or specialized knowledge role.
Organizational Charts: Charts showing the company’s organizational structure, both in the U.S. and abroad, to demonstrate the employee’s role within the company.

4. Legal Precedents and Case Laws

Several case laws and legal precedents have shaped the interpretation and application of the L-1 visa requirements:

4.1 Matter of Z-A-, Inc.

In this case, the Administrative Appeals Office (AAO) clarified the definition of "specialized knowledge." The AAO emphasized that specialized knowledge must be distinct and not commonly held within the industry. This case is often cited to determine whether an employee’s knowledge qualifies as specialized.

4.2 Matter of Siemens Medical Systems, Inc.

This case addressed the issue of qualifying relationships between the U.S. company and the foreign company. The AAO ruled that the relationship must be clearly documented and that the companies must be actively engaged in business operations.

4.3 Matter of X

In this case, the AAO provided guidance on the managerial and executive capacity requirements. The AAO ruled that the employee’s job duties must primarily involve managing the organization, a department, or a function, and not performing the day-to-day operations of the business.

5. Conclusion

The L-1 intra-company transferee visa is a valuable tool for multinational companies to transfer key personnel to the United States. The application process involves several standard clauses and requirements that must be met by both the employer and the employee. Understanding these requirements and the relevant legal precedents can help ensure a successful application.

TLDR

The L-1 visa allows multinational companies to transfer executives, managers, or employees with specialized knowledge to the U.S. The application process involves submitting Form I-129 and Form DS-160, along with supporting documentation proving the qualifying relationship between the U.S. and foreign companies and the employee’s qualifications.

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