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L-1 VISAS APPROVED FOR SHORT-TERM ASSIGNMENTS

The L-1 non-immigrant visa classification is reserved for the intra-company transfer to the United States of full-time executive, management or personnel with specialized knowledge. The INS has recently clarified an important issue pertaining to these visas.

While an employee on an L-1 visa must be employed full-time by the company, he or she need not be employed full-time in the United States. For example, if an individual is an executive with a company that has offices in both Canada and the United States, he is eligible for the L-1 as long as the company employs him full-time and he can divide his work hours between the countries. Another example is where the person is employed full-time but only in the U.S. for a short-term project. This, too, would satisfy the requirements for an L-1 visa. The primary issue is whether the alien's intent for coming to the United States is consistent with the regulations, not how much time is spent in the United States.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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