Based on current laws and legal precedents, the ideal visa for your employee who is transferring from your foreign branch to the US would be an L-1 visa.
The L-1 visa is a nonimmigrant visa that allows multinational companies to transfer employees from a foreign branch to the US branch. The purpose of the L-1 visa is to allow foreign executives, managers, and specialized knowledge employees to work in the United States for a limited period.
To qualify for an L-1 visa, your employee must have worked for your foreign company for at least one year out of the last three years in an executive, managerial or specialized knowledge capacity. The employee must also be coming to work for a related US company in an executive, managerial or specialized knowledge capacity.
If your employee qualifies for an L-1 visa, they can stay in the United States for up to seven years if they are an executive or manager, and up to five years if they are a specialized knowledge employee.
There are some potential limitations or exceptions to note. One of the limitations of the L-1 visa is that it is a nonimmigrant visa, which means that it does not lead to permanent residency or citizenship in the United States. Additionally, there are specific requirements for the employee’s job duties and the relationship between the US and foreign branches of the company.
To apply for an L-1 visa, your employee will need to submit a petition to the US Citizenship and Immigration Services (USCIS) on their behalf. This requires a detailed description of your company's operations, including the US branch and the foreign branch, as well as documentation demonstrating that the employee meets the L-1 visa requirements.
It is recommended that you seek the assistance of an experienced immigration attorney in the L-1 visa application process to ensure that all requirements are met and to maximize the chances of a successful application.
By