A company located in any country may start a new company or purchase a company in the U.S. and pursuant to L-1 Visa, transfer its managers or specialists to the U.S. These managers or specialists who are being transferred pursuant to an L-1 visa are also eligible to apply for a Green Card.
PROCESS, REQUIREMENTS AND COMMENTS
The stock holders of an American and the Parent companies have to be 51% same, which establishes the affiliated relationship between the companies.
The Parent company’s managers or specialists being transferred to the U.S. may be either shareholders or just employees of the Parent company.
The Parent company managers or specialists being transferred to the U.S. must have worked for the Parent company for at least 1 year out of the prior 3 years.
The Parent company and its American affiliate do not need to be involved in the same business. (The affiliated relationship is established by common ownership of the minimum of 51% of the shares of stock).
The Affiliate in the U.S. must demonstrate intent to actually run a business, which can be demonstrated through a thorough business plan and the hiring of several American workers. After 4-5 months after the case filing, the U.S. affiliate is expected to rent office space and to start hiring American employees (minimum 2-3).
The number of employees approved to be transferred from the Parent company to the United States would depend on the size of the American affiliate’s business operations and the business plan.
Because the L-1 employees from the Parent company are inter-company employees being transferred, their pay scale is not subject to review by the U.S Department of Labor. The employees may be paid in the U.S. or even abroad in the currency of the Parent company’s country.
It takes about 2-4 months to get the L-1 approval and about 12-16 months to get the Green Card. Spouse and unmarried children under 21 years of age may accompany the L-1 Visa holder to the U.S.
After the Green Card approval for the managers, the company may continue to operate, or it may also be sold or shut down, at the shareholders option without affecting the Permanent Residency. The Green Card holders would then the right to reside in the U.S. or abroad, establish other businesses, bank accounts, etc., as any other U.S Permanent Residents or citizens, with a right to apply for an American citizenship after 5 years.