Working in the United States: L1 and E visas (Fr)

It is impossible to work on American territory without a visa adapted to your situation.

A / Le visa L1 : “intracompany transfer visas”

It is a visa issued for a person transferred within a subsidiary or branch
American. This visa is issued for a period of 3 years and is renewable for a period
of 4 years. It makes it easier to obtain the Green Card than other visas.

It also allows the spouse and children of the L1 visa holder to be allocated
automatically an L2 visa which allows them to study in the USA.

There are three cumulative conditions for granting this visa: the applicant must have worked for one year with the French parent company during the last three years preceding the visa application, the parent company must hold at least 51% shares of the subsidiary and finally and the applicant must occupy management or senior executive positions in the United States.

The INS Local requires a certain number of documents, namely:

  1. The articles of association, shareholders' agreements and share certificates of the parent company and the subsidiary.
  2. Proof of the manager's functions of the person concerned
  3. Proof of the financial capacity of the American subsidiary to compensate its employees
  4. The parent company's balance sheet
  5. Document I-129 approved by the INS
  6. Proof that the employee in question has worked one year in the last three years for the parent company. The American company must then file with the local INS (that of the head office of the subsidiary) an application for admission to the United States on behalf of the employee.

This authorization is materialized by the delivery of document I-129; The interested party must then send all the documents to the American consulate in France to obtain his visa.

The disadvantage of this type of visa is that it takes longer than
for an E visa it usually takes 3 to 4 months; in case of emergency it is possible
to obtain a visa in fifteen days on condition of paying an additional sum of 1000
dollars (premium processing).

B / The E visa There are two types of E visa: the E1 “treaty trader” visa and the E2 “treaty investor” visa.

These visas are issued to people who come to the United States to exercise an activity
international trade between his country of origin and the United States.

French nationals have the establishment agreement dated November 25
1959 between the USA and France.

The E1 visa is granted to people who represent a foreign company in the USA, of which 50% commercial activities are carried out with American companies.

This visa is granted for an unlimited number of years, (it is adire as long as the
American company justifies a significant commercial activity with France) and allows
the spouse to stay in the United States and the children to go to school. It concerns
small and medium enterprises.

The E2 visa is granted to people who will create a business in the United States.
United and who will invest a minimum of $ 250,000.

This visa lasts as long as the activity of the American company.

The documents to be provided in addition to the passport are as follows: The articles of association of the company
American, meeting reports, share certificates and proof of activity
important commercial: Invoices, orders, contract, bank account. This visa is
advantageous because its delivery is much faster since the request is made
only at the American consulate in France.

On the other hand, it would appear more difficult to obtain the green card via the E visa because there is a
number of E visa granted each year. These quotas do not exist for L1 visas
which, if the documents are correctly assembled, will be issued automatically.

Finally for people with particularly high professional qualifications
highly qualified, the American employer will need to apply for an H or O visa depending on the
situation of interest. The candidate will be authorized to stay in the United States for a period
necessary to perform these specific functions.

The American immigration legislation is very tightly regulated, it is necessary to
provide the required visa because otherwise the sanction of expulsion from the territory would be immediate.