Have Questions?
close slider
Have Questions?
close slider

Call Us

+91-9606023371
+91-9606023373

United States (US) work visas

The United States L1 visa is a non-immigrant visa that allows overseas companies to transfer employees under two types of L1 visa schemes. For L1 visa transfers of executives and managers, including business owners, for up to seven years, there is the L1A visa, and for specialized knowledge employees, the L1B visa allows entry for up to five years to a new or existing US office. To qualify for an L1 visa, the employee, which can include business owners, must have worked for a subsidiary, parent, affiliate or branch office of the US company outside of the US for at least one year out of the last three years.

One of the benefits of the L1 visa is that there is no quota. Unlike in the case of the H1B visa category, an unlimited number of visas can be issued. However, unless the company is a very large company with blanket filing, a considerable amount of documentation needs to be submitted for each L1 visa petition to the USCIS in duplicate. Indian and Chinese nationals are able to come under the L1 visa category. They are unable to come under the E2 and E1 visas, which are limited only to certain nationalities.

Now there are 2 main options for employers who want to hire migrant workers in Canada:
  • The Express Entry Program
  • Temporary Foreign Worker Program/International Mobility Program

L1 Visa and Employment Based EB1C Green Card

The requirements for employment-based immigration (permanent residence) under the EB1C immigrant scheme are similar to the requirements for the L1A Executive and Manager Visa category. Many overseas executives and managers, including business owners, come under the L1A visa scheme first and then apply at a later date for EB1C as an international manager or executive, which is one of the best ways of gaining an employment-based immigrant visa (green card).

As you need to show that you have worked for a business outside the US for at least one year in the last three years, you need to apply for the EB1C immigrant visa within two years of entry to the US on an L1 visa. The business needs to have been established in the US for at least one year before you can apply under this green card scheme.

Companies operating in the US can apply to the relevant USCIS service center for an L1 intra-company transfer visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L1 visa for up to three years. For a new office (that has been in operation for less than a year), the L1 visa is granted for one year.

Time to obtain a Canadian work visa:

It usually takes 6 months or less to process complete Express Entry applications, but in the meantime, workers can be hired on site under the Temporary Foreign Worker Program or International Mobility Program while their Express Entry application is processed.

Mistakes or omissions in the application process can cause delays. Contact us to have your candidate's application handled in-house by a member of the Law Society of Upper Canada.

Uses:

This category of Canadian work visas is split into three subcategories.
  • The Federal Skilled Worker Program (FSWP) is frequently used by employers to bring in highly educated and skilled workers, managers, executives, and the like.
  • The Federal Skilled Trades Program (FSTP) is designed for skilled tradespeople, such as construction specialists, natural resources industry technicians, and manufacturing supervisors.
  • The Canada Experience Class (CEC) is for migrants with previous Canadian work experience, such as international students, who often apply while already in Canada.
    The 3 National Occupation Classification List codes covered by this visa are: Managerial (Skill Level 0), Professional (Skill Type A), Technical (Skill Type B). Applications for the Canada Experience Class are not subject to a Labour Market Impact Assessment (see below). In combination with the fact that many candidates in this category are already living and working in Canada, this means that a Canada Experience Class visa may be an employer's quickest route to getting a skilled worker on site.

Labour Market Impact Assessment

If you want to hire a skilled worker through either the Federal Skilled Worker Program or the Federal Skilled Trades Program, you will need to apply for a Labour Market Impact Assessment (LMIA) to show that there is a genuine need for a foreign worker to fill the role and that no Canadian worker is available.

The job offer for which an LMIA is being made must meet the following conditions for each visa subcategory:
  • The Federal Skilled Worker ProgramMust be full time, permanent, and not seasonal; must be Managerial (Skill Level 0), Professional (Skill Type A), and Technical (Skill Type B) on Canada's National Occupation Classification List.
  • The Federal Skilled Trades Program Must be full time and last at least 1 year; must be Technical (skill Type B) on Canada's National Occupation Classification List; and must offer wages and conditions at a similar level to those offered to native Canadians working in the same role.
  • Canadian Experience Class: A Labour Market Impact Assessment is not needed for this visa subcategory.However, applications supported by an assessment receive extra points and are more likely to be successful. The conditions for this subcategory are the same as for the Federal Skilled Worker Program (above).

Dependents

Under the Express Entry program, any dependent family members of the main applicant are also granted permanent residence in Canada and enjoy all the same rights to live, work, and study in the country. However, under the TFWP program, dependent family members must make their own visa applications, but the main candidate's status may help, especially if they're highly skilled and will be working in Canada for 6 months or more. If a candidate wants to take their family with them, please contact us for advice tailored to their case.

Temporary Foreign Worker Program/International Mobility Program Time to obtain a Canadian work visa: A minimum of 30 days.
Uses:

    The Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) are very similar visa categories, which allow employers to hire migrant workers to fill short-term labour and skills shortages. Which program you use is determined by whether you need a Labour Market Impact Assessment (LMIA); those who do should apply under the TFWP, while those that don't should use the IMP.

    To find out if you need an LMIA, you can review the Canadian government's list of LMIA exemption codes yourself, which can be a complex and lengthy process. Alternatively, our in-house Canadian immigration specialists can handle the entire application for you.

    Once you know which visa category to apply for, you can make the candidate an official job offer, after which they can apply for a Canadian work permit.

There are two types of employees who may be sponsored for a USA L1 visa:

Under the Express Entry program, any dependent family members of the main applicant are also granted permanent residence in Canada and enjoy all the same rights to live, work, and study in the country. However, under the TFWP program, dependent family members must make their own visa applications, but the main candidate's status may help, especially if they're highly skilled and will be working in Canada for 6 months or more. If a candidate wants to take their family with them, please contact us for advice tailored to their case.

    L1A Executives and Managers

    The L1 Visa requirements for management and executive roles for these purposes are quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function of the department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three-year period, extendible in two-year increments to a maximum of seven years. For a new US office, entry for an L1 visa is granted for one year.

    L1B Specialized Knowledge Staff

    This category covers those with knowledge of the company's products or services, research, systems, proprietary techniques, management, or procedures. This should be explained in some detail when applying for the L1 visa. Staff in this category are issued an L1B visa, initially for three years, extendable to a maximum of five years.

    After completing the maximum allowable period of L1 visa status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L or H status.

  • L1 Visa requirement for employees to have worked abroad for the business for one year in the last three years.
  • The overseas employment must have been for a consecutive period of at least one year in the last three years.
  • The overseas employment must have been in an executive, managerial, or specialized knowledge worker role to count towards L1 visa eligibility.
  • Time spent in the US may not count towards the one-year period required to come under the L1 visa category. So, in some cases, the employee abroad may have to work for longer than one year for the business abroad to meet the L1 visa requirements.
  • Those working abroad as specialized knowledge workers may be able to come to the United States as an L1A manager or executive, while those working previously abroad as a manager or executive can come as a L1B specialized knowledge worker. But only if the US operation has been doing business for at least one year. Otherwise, they can only enter under the L1 category, which more closely matches their existing role.
  • You need to provide detailed documentation that the L1A executives and managers' criteria are met; they must generally supervise other professional or managerial staff and/or direct and control the day-to-day operations of a significant function, unit, or subdivision of the overseas employer.
  • It can be even more difficult to come under the L1B specialized knowledge worker visa criteria. Under the L1B visa, you need to be familiar with the employer's specific products, procedures, or methods to qualify for this visa.

E3 Visa for Australians in a Specialty Occupation

If you are an Australian citizen with a professional level job in the US, you may apply for an E3 visa for entry to the US to take a job in a "specialty occupation". This is a huge benefit for Australian citizens who would otherwise have to come under the H1B visa category, which is heavily oversubscribed at the beginning of April each year. In comparison, the E3 visa quota of approximately 10,500 for Australian citizens only is never fully used. In addition, unlike with the H1B visa, spouses of E3 visa holders are allowed to work.

Several supporting documents must be provided, and other conditions must be met.

These include:
  • An academic qualification at least equivalent to a US bachelor's degree, or experience and qualifications equivalent to at least an US bachelor’s degree.
  • Proof of a US job offer in a specialty occupation, which is a professional-level job that usually requires a US bachelor's degree or equivalent, or higher level qualification.
Some of these jobs include:
  • Dependents

    Under the Express Entry program, any dependent family members of the main applicant are also granted permanent residence in Canada and enjoy all the same rights to live, work, and study in the country. However, under the TFWP program, dependent family members must make their own visa applications, but the main candidate's status may help, especially if they're highly skilled and will be working in Canada for 6 months or more. If a candidate wants to take their family with them, please contact us for advice tailored to their case.

    Temporary Foreign Worker Program/International Mobility Program Time to obtain a Canadian work visa: A minimum of 30 days.
    Uses:

      The Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) are very similar visa categories, which allow employers to hire migrant workers to fill short-term labour and skills shortages. Which program you use is determined by whether you need a Labour Market Impact Assessment (LMIA); those who do should apply under the TFWP, while those that don't should use the IMP.

      To find out if you need an LMIA, you can review the Canadian government's list of LMIA exemption codes yourself, which can be a complex and lengthy process. Alternatively, our in-house Canadian immigration specialists can handle the entire application for you.

      Once you know which visa category to apply for, you can make the candidate an official job offer, after which they can apply for a Canadian work permit.