| » The L-1 Visa Two Step Method Those who serve as a manager of a business located outside of the U.S.A. and
who are transferred to a business in the U.S.A. as a manager or executive may qualify for
a green card if the foreign and U.S. business are linked by 50% or more common ownership.
Those who fall under this definition qualify for the L1A visa for managerial transferees.
The L1A visa may be extended for a total of 7 years and is easily converted to a green
card.
The L1A visa was designed to permit multinational corporations to assign managerial
staff to foreign operations. Small business may also take advantage of the L1A.
Suppose Mr. Smith owns a real estate development company in the UK. This company
employs three full time staff and has gross sales of about $500,000 USD. This would be the
smallest size company that should attempt the Two Step. Mr. Smith decides to open a U.S.
subsidiary company to engage in a similar business. Mr. Smith incorporates a company in
the U.S., and makes plans to develop a small apartment complex. Mr. Smith hires at least
one staff. Mr. Smith now may transfer himself to manage and establish the US operation
using the L1A visa. INS will grant Mr. Smith an initial validity period of one year. After
one year of doing business in the US Mr. Smith may extend the L1A for an additional three
year period and he can apply for his green card. Mr. Smith could have hired people to
establish his US business and after one year of doing business in the US applied for his
green card from the UK without obtaining the L1A.
The key points to the Two Step are:
- 50% common control between the US and foreign company
- Applicant served as a manager with foreign company for one of three
years prior to transfer to US as L1
- After one year of doing business in the US whether or not the
applicant has an L1 one may apply for the green card
- The L-1A visa includes spouse and dependents under 21 years of age.
Spouses and dependents may not work in the US without a work visa but they may go to
school
This simply put, is the Two Step Method.
The Immigration Handbook contains several chapters describing L1A visas and the Two
Step Method for obtaining a green card.
The Two Step permits the small businessman to earn his way to a green card with a
minimum of capital, say $150,000 to establish an office, start his business and survive
for a year, compared to the $500,000 minimum requirement for the investment green card.
The obvious disadvantage is that one must be prepared to manage a business in a foreign
land, hire foreign employees and more than likely spend a lot of time on airplanes.
The Two Step also permits virtually every managerial employee of a multinational
company who is transferred to the US to obtain a green card. Just plan to file about six
months in advance of the transfer. Even those white collar workers who don't wish to live
in the U.S. permanently may want a green card so their spouses can work in the US and so
children can attend state supported universities at the lower local tuition rates. |
