For Canadian companies looking to send their Canadian employees to the United States to work with their American parent, branch or subsidiary company, the L-Visa is an attractive option. In order to qualify for an L-Visa there are six main requirements.
First, the U.S. company must be related to the Canadian company i.e., parent, branch, subsidiary etc. Second, there must be evidence that sufficient physical office space has been secured in the United States. This can be in the form of a signed lease agreement, mortgage or other proof of real estate purchase. Third, a new office must be active and operating within one year after the L-1’s admission to the United States (if requesting an extension of stay). Fourth, the applicant, i.e., the employee being sent to the United States, must have worked for the foreign/Canadian company for at least one year of the last 3 years. Fifth, the applicant/transferee’s capacity with the foreign/Canadian company must be in an executive, managerial, or specialized knowledge position. Finally, the position that the applicant/transferee will be assuming in the United States must be a managerial, executive or specialized knowledge assignment.
In the right circumstances, the L-Visa category is a great option for a Canadian company looking to send employees to United States to work out of their American parent, branch or subsidiary company.
By Bryan Fitzpatrick, Pushor Mitchell LLP
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