L1A Eligibility

[ar2565]

Folks,

I have a question about L1A eligibility for a team member. We're a Canadian company with a 100% owned subsidiary LLC in the USA. 

 

The team member we wish to sponsor is a Canadian resident but not a Canadian citizen. She worked for 14 months at the US subsidiary. That was her first stint with us, on a H1B. Then we got her to join the Canadian office earlier this year and has been working for 6 months now. She is a part of senior/executive management and we want to send her back to our Texas office. H1B is the obvious choice since she has specialized skills, but we're exploring the possibility of a L1A - Intra Company Executive/Manager transfer, since it helps in filing her Permanent Residency in the USA.

 

My question is that while she has been an employee of the company for 20 months now, (greater than the 1 year requirement), the break-up is:

 

a. 14 months in the USA office

b. 6 months in the Canada office

 

Experts, does she qualify for a L1A? 

 

cheers

 

PS: We consulted our immigration lawyer already and TBH I don't feel confident in their analysis.

[jairichi]

6 more months to go before she is eligible for L1A.

http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

 

 

• Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
• Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

[rahul412]

If you are an employer, then obviously you need an attorney for immigration services. Go and hire one or contact this forum owner.

[srinivas.akyana]

Hello jairichi,

 

In order to quality, it says "one continuous year" - does that mean that:

1. An employee stays in abroad from Jan 1, 2014 - Dec 31, 2014 continuously in the same year
2. An employee stays in abroad from Jan 1, 2014 - Oct 31, 2014 and traveled back to USA on Nov 1, 2014 - Dec31, 2014 and back to abroad from Jan 1, 2015 - Apr 30, 2015.

I understand that an employee will be eligible for L1 in #1 scenario but can you please confirm, if an employee is eligible for L1 in #2 scenario as well?

 

Thanks!