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Employee Relocation to USA

Employee Relocation to USA

Globalization has led many companies to set up their businesses in various countries, many of them choosing the United States. For this purpose, they also have to deal with personnel relocation to USA which must be completed through specific procedures.

In the lines below, our immigration lawyers in the US explain the process behind employee relocation to USA. Most importantly, they will advise on the visa companies need to apply for in order to move workers from one country to another.

The L-1 visa for intracompany transfers to USA

The intracompany transfer visa, or L-1 visa, enables qualified non-US citizen professionals working for multinational corporations to join an umbrella company of the same corporation that is based in the US.

The L-1 visa category is also available to businesses that want to send a key employee to the US in order to establish a presence without having a permanent establishment here.

Personnel relocation to USA is a procedure that needs to be carried out with attention, the L-1 visa is divided into 2 sub-categories, as follows:

  • the L-1A visa is issued for workers performing administrative or executive duties;
  • employees with specific expertise of a company’s goods, services, and management practices are eligible for an L-1B visa.

Feel free to address our immigration lawyer in Miami about employee relocation to USA under any of the 2 visas.

One of the most appropriate ways to move here is to apply for a Green Card in the USA. Since the State places a high level of confidence on entrepreneurs it has created a dedicated program in this sense. This is the EB-5 visa which is one of the most appreciated in the world for the relatively simply requirements.

The L-1A visa for personnel relocation to the United States of America

Key individuals who can demonstrate they have previously worked in this capacity are able to transfer to the US to work in the same or a similar function thanks to the L-1A visa. This type of intracompany transfer visa is designed exclusively for executives and managers.

However, as an L-1A applicant, one must provide evidence of his/her position within the firm and their ability to plan, organize, direct, and control its key operations.

Feel free to inquire with our US immigration law firm for details on how to apply for the L1-A visa.

Employee relocation to the USA under the L1-B visa

The L-1B visa is not intended for people who occupy key positions, however, they need to have a good knowledge of their work within the company. This knowledge is typically acquired through years of experience, and it is essential to the company’s overall operation and competitiveness.

For intracompany transfers to USA under both L-1A and L-1B categories, the applicant must demonstrate the following in order to be granted an L1 visa:

  • in the previous 3 years before filing for the L1 status, the employee has spent at least one year in an executive, managerial, or specialized knowledge job;
  • the employee must hold the same role or a related capacity for the same company’s parent, branch, affiliate, or subsidiary in the United States;
  • the foreign corporation and the American company have a qualifying relationship.

If you need support in personnel relocation to USA, our immigration lawyers in the United States can help with the preparation of the necessary documents.

Steps to relocate personnel to the United States

A petition must be submitted on behalf of the employee in order to apply for a US intracompany transfer visa. Once the petition has been approved, the employee must submit their own visa application.

According to data provided by the American Immigration Council:

  • at the level of 2019, there were 28.5 million immigrant workers representing 17% of the US labor market;
  • the largest number, 4.174 million were healthcare and social assistance workers;
  • then 3.387 million worked in the manufacturing sector.

If you need more information and support in employee relocation to USA, contact our US immigration attorney.