Immigration
Immigration Options for Foreign Managers and Executives
Let’s say you are the CEO of a top international company and now want to come to the U.S. to oversee a new U.S. branch office that just opened up in San Diego, California. Sounds like a legitimate reason to come to the U.S. but determining the best immigration strategy may not always be easy. For example, many people will think that the U.S. company can just petition an H-1B visa for the CEO. However, it is a little known fact that many CEOs do not actually qualify for an H-1B visa. In fact, many executives and managers will not qualify for a H-1B visa because being a CEO/Manager is viewed as a more of a managerial occupation than a “specialty occupation”, which requires a college degree. For example, Facebook CEO Mark Zuckerberg would not even qualify for an H-1B visa because he did not graduate with a Bachelor’s degree. Others may think the executive can come on a B-1 visa but a B-1 visa holder is not allowed to work in the U.S.
So what type of visa would be the best to bring over a multi-national executive or manager? Many companies and executives/managers go with the L visa. The L non-immigrant visa category is useful for international companies to bring foreign executives and managers to the United States on a temporary basis. The L visa is used to transfer employees from a foreign company to a “related” U.S. company. The maximum time period for L-1 classification is 7 years. It can be used for executives, managers, and employees with specialized knowledge. Family members are eligible for L-2 classification and the spouse may also apply for an open-market work permit.
One of the major advantages of the L-1 visa is that executive and managers who come to the U.S. in this category can file an EB-1 petition for permanent residency if the position later becomes permanent. This is one of the easiest ways to obtain permanent residency without labor certification. Also, priority dates for the EB-1 category
Let’s say you are the CEO of a top international company and now want to come to the U.S. to oversee a new U.S. branch office that just opened up in San Diego, California. Sounds like a legitimate reason to come to the U.S. but determining the best immigration strategy may not always be easy. For example, many people will think that the U.S. company can just petition an H-1B visa for the CEO. However, it is a little known fact that many CEOs do not actually qualify for an H-1B visa. In fact, many executives and managers will not qualify for a H-1B visa because being a CEO/Manager is viewed as a more of a managerial occupation than a “specialty occupation”, which requires a college degree. For example, Facebook CEO Mark Zuckerberg would not even qualify for an H-1B visa because he did not graduate with a Bachelor’s degree. Others may think the executive can come on a B-1 visa but a B-1 visa holder is not allowed to work in the U.S.
So what type of visa would be the best to bring over a multi-national executive or manager? Many companies and executives/managers go with the L visa. The L non-immigrant visa category is useful for international companies to bring foreign executives and managers to the United States on a temporary basis. The L visa is used to transfer employees from a foreign company to a “related” U.S. company. The maximum time period for L-1 classification is 7 years. It can be used for executives, managers, and employees with specialized knowledge. Family members are eligible for L-2 classification and the spouse may also apply for an open-market work permit.
One of the major advantages of the L-1 visa is that executive and managers who come to the U.S. in this category can file an EB-1 petition for permanent residency if the position later becomes permanent. This is one of the easiest ways to obtain permanent residency without labor certification. Also, priority dates for the EB-1 category