Transfers
of personnel are an important part of doing business on a world-wide scale,
explains attorney Magdalena Cuprys
America
is a nation of immigrants. Yet its immigration policy is strict. Each day new
restrictions are imposed on immigrants intending to enter the country. Immigration
is easier for those who have immediate family members who are American citizens
or green card holders, or who have a million dollars to invest, or who have
extraordinary ability or skills. All others may feel that they have to abandon
their dream of going to that great land of plenty and opportunity.
Many
people from around the world have an "American Dream." But they find
that the road to this dream is no longer smooth and is turning rougher day by
day. There is, however, a road which makes it possible for one to legally
access the United States. On this road, there is no restriction to invest a
minimum amount. One need not be a close relative of an American citizen, and
one does not have to marry an American citizen. What is required is that a
foreign company set up a U.S. affiliated company (Branch, Subsidiary, Affiliate
or Joint Venture) in America. Then personnel can be transferred based on
L-Visas.
Explains
attorney Magdalena Cuprys: “The L-Visa for international personnel transfers
also applies to smaller companies. For example, the Executive of a trading
company in Mexico with 10 employees can set up a subsidiary in the U.S. and
then transfer to the U.S. on a so-called L-1A visa. The U.S. company can even
be in a different line of business.” Ms. Cuprys explains in more detail.
In
order to qualify, one must demonstrate that the transferring employee has been
employed abroad for at least one year out of the last three years as a Manager
or in an Executive capacity (L-1A), or in a Specialized Knowledge position
(L-1B).
A
person is called a "Manager" in the parlance of American immigration
law when he/she manages the organization or a department of that organization,
supervises and controls the work of other supervisory professional, or manages
employees and has the authority to hire and fire those persons whom he
supervises.
If
he/she is not supervising anyone then he/she should at least work at a senior
level with the organization. A person who directs the management of the
organization or a major part of it, sets the goals or policies of the
organization or part of the organization, has extensive discretionary
decision-making authority and is subjected to general supervision or direction
only from higher level executives, partners, board of directors or the stock
holders of the organization is deemed "executive" under the American
immigration laws.
"Persons
with Specialized Knowledge" are people having knowledge that is specific
to the company where they are employed, its procedures and policies, company
products, or particular marketing methods.
This
affiliated company then has the legal capacity to qualify an employee for an
L-Visa, which affords one the legal right to transfer to America to take up a
similar position with the American entity. With an L-1 visa, the employee has
extensive rights and privileges in the USA, is fully authorized to work, travel
and conduct business throughout the duration of the L-1 Visa for up to seven
years. One can remain in America continuously until the L-1 status expires, and
can travel in and out of America as often as desired. However, the employee is
only allowed to work for the American affiliated company.
This
visa will initially be valid for 1-3 years (depending on how the U.S. affiliate
has been doing business), and can thereafter be extended every 2 years for a
total of 7 years. There are several immigration options once one holds an L-1
Visa through company sponsorship (Lawful Permanent Residence/Green Card). The
accompanying family members (spouse/children) will also be eligible to obtain
visas, and under newly enacted regulations, spouses are granted employment
authorization (work permits). Children can attend US schools and universities
and can often qualify for lower “In-State” tuition at Colleges and Universities.
There
is no need for the American company to have existed for a long time. In fact, it can be established immediately
prior to the application for the L-1 visa. Even a sole proprietor may utilize
the L-1 visa if he is able to demonstrate to the U.S. immigration authority
that in his absence there would be a responsible person in his country of
nationality to look after and manage day to day running of his business. It is
not necessary that the U.S. affiliate carry on the very same business which is
being carried on in the applicant’s home country.
The
whole process of setting up such an affiliate and obtaining the L-1 visa can be
completed within a few weeks utilizing the Department of Homeland Security
"Premium Processing" Service. This service processes cases within 2
weeks and can be an extremely efficient procedure.
Concludes
Ms. Cuprys: “The law firm of Cuprys & Associates/Serving Immigrants is here
to assist clients in pursuing these and other available immigration avenues. In
the business context, it is particularly important to seek legal advice before
you act.”
*** Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
