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Immigration Issues/L1 Conditions for Employer

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Question
Hi Ajay,

Could you please help me understand the conditions for any employer to be eligible to do L1 visa for employee.
1. Is there a no. of employees condition ?
2. Is there a minimum wages condition ?
3. Is H1-B better than L1-A or otherwise, and why ?

i will be very thankful for your response.
Aman

Answer
Hi,

There is no minimum # of employees required at the foreign company. However, it is expected that the foreign company will have at least a few employees (preferably more), since a requirement is that the employee sponsored by the U.S. branch or subsidiary or affiliate of the foreign company has been a manager or executive at the foreign company for at least one year during the past 3 years. General information about the L1 visa category is here: www.h1b1.com/L1visa.htm

Unlike the H1B category, there is no prevailing wage requirement in L1 category. In addition, there is no degree requirement for the L1 category, and there is no visa cap either. On the other hand, the L-1 petition requires extensive documentary evidence to establish the existence of the foreign company and the viability of the U.S. company, the relationship between the two entities, the nature of the proposed employment and the employee’s qualification for the offered position. Thus, there is a lot of paperwork required for the L1 category, unlike the H1B category which requires only that the U.S. employer is offering employment in a position which normally requires a U.S. bachelor's degree or equivalent in a relevant field of study to satisfactorily perform the  job.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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