Can foreign companies transfer personnel to the U.S. to work for a related company in the U.S.?
Yes. The "L1-A visa" is a nonimmigrant visa category that allows a foreign company to transfer a manager or executive to a U.S. branch, affiliate or subsidiary.
The general requirements are:
(1) the alien has worked for the foreign company in a managerial or executive capacity for 1 year out of the 3 years immediately preceding the time of application;
(2) the alien must be coming to work for the U.S. branch, affiliate or subsidiary; and
(3) both the U.S. and foreign company must continue doing business for the entire period of stay by the alien in L-1A status.
One of the major advantages under the immigration law is that an L-1A manager or executive can apply for a Green Card without having to first go through a lengthy and tedious labor certification. There is a seven (7) year maximum period of stay in the U.S. by L-1A executives or managers.
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