Immigration law provides employers in Florida with operations or affiliates in foreign countries a means of transferring specialized workers into the U.S. The employer may seek an L-1B nonimmigrant classification for the employee to enter the country. Foreign companies wishing to establish a new business location within the United States can also ask that employees receive an L-1B nonimmigrant classification.
An employer must have an existing relationship with a foreign parent company, affiliate, subsidiary or branch office to qualify as an international organization that needs to transfer employees between countries. Although the employer does not have to conduct international trade activities, it must show that is has been engaged in ongoing business activities related to goods or services.
The specialized knowledge of the employee is central to gaining approval for an application to enter the country. The person must know crucial information about the company’s product, service, research, operations or management to justify coming to the country. The applicant also needs to have been employed by the company for a full year within the previous three years. Employees approved for entry may work in the country for up to three years. Extensions up to two years are possible. An employee coming to start a new office can only have an initial stay of one year.
A company planning on transferring an employee into the United States could ask an immigration lawyer to assist with the process. A lawyer might prescreen the company and the employee to determine whether qualifications are present that would satisfy immigration authorities. Legal assistance may speed the process of completing necessary immigration paperwork for the employee and qualifying relatives.
