Commentary on the Type of Employment to be Undertaken in the US
Employment in Home Country vs. Employment in the US
It is quite acceptable for a specialist in the home country to be transferred to the US to take up a managerial or executive position. In other words, as long as the beneficiary has at least one year’s experience with the petitioning company is any one of the senior qualifying positions they can be transferred successfully.
Is the Beneficiary Qualified for the US Job?
It is very important to demonstrate with documentary evidence that shows how the beneficiary’s education, training and experience would actually qualify them for the job on offer in the US. Creating a job description of the US position and then drafting a statement showing how the beneficiary’s education, training and experience qualify them for the position could do this.
For new start-up offices, this will still be important since the beneficiary must be able to demonstrate that they have the education, training and experience to successfully set up the office and have created a senior role for themselves within the one year initial qualifying period.
Business Expansion - L Nonimmigrant Visas
- L Nonimmigrant Visas - Business Expansion
- Business Immigration Preface
- Overview of a Management Position
- Overview of an Executive Position
- Overview of a Specialized Knowledgeable Specialist Position Section 214 (2) (B)
- Commentary on the Type of Employment to be Undertaken in the US
- The One Year Within The Three Prior Years Rule
- Blanket Petitions
- Start-Up New Office
- Establishing a Management or Executive Position For the New Office
- Securing the US Office
- Funding
- After The First Year
- The Temporary Intent vs. Dual Intent Rule
- Duration of L Visas
- Petitions Denied, Revoked or Withdrawn
- Continuing to do Business in the Home Country
- Parent, Branch, Subsidiary and Affiliate Companies
- Employment vs. Source of Paycheck
- Full-Time vs. Part-Time L Visa Beneficiaries
- Day-to-Day Managerial, Executive or Specialist Duties
- Working While Awaiting Renewal of L Status
- Spouse of L Visa Holder's Right to Work
- Summary