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Palm Beach County Immigration Attorney > Blog > Business Based Immigration > Sending Workers to Establish Subsidiaries in Florida

Sending Workers to Establish Subsidiaries in Florida

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According to official data from the State of Florida, numerous foreign-affiliated companies choose to establish satellite offices, branches, and subsidiaries in the Sunshine State. These foreign-affiliated companies have holdings of almost $100 billion, and they employ almost 420,000 workers in Florida. The United States welcomes foreign investment, and it also provides a pathway for companies that wish to establish subsidiaries in the nation. One of these pathways involves the L-1A visa program.

Intracompany Transfers Under the L1-A Visa 

The L1-A visa is for companies that wish to transfer managers or executives from a foreign head office to a subsidiary or branch in the United States. However, the L1-A visa also allows companies to send a manager or executive into the United States to set up a subsidiary or branch that does not yet exist. This represents the first move of a company exploring new opportunities in Florida.

How Do I Get an L1-A Visa for My Employee? 

In order to obtain an L-1A visa, you will first need to select an appropriate employee whom you will task with setting up the new subsidiary. Note that you cannot send any employee, and they must satisfy the definition of a “manager” or “executive” under US immigration law. This definition is quite vague, however. An executive is someone who makes decisions that affect the company with very little oversight.

A manager, on the other hand, is someone who controls or supervises other employees within the company. In some cases, managers do not control other employees but rather an “essential function of the business.” For example, a manager might be in charge of the business’ software – even if this managerial role does not involve supervising other employees.

Perhaps the most important requirement is work experience. In order to obtain an L-1A visa, the worker must have spent at least one year working “abroad.” In other words, they must already have experience working overseas for your company. This worker must also have one year of experience as a manager or executive before you send them to the United States. Finally, you must show that you have secured physical premises for your new subsidiary before you send the worker into the United States.

Time Limits Associated with L-1A Visas 

Note that if you send a manager or executive to set up a subsidiary in Florida, they will only have one year to accomplish this goal. However, these business visas may be renewed – and this is something you might want to discuss further alongside your business immigration attorney in Palm Beach County.

Find a Qualified, Experienced Immigration Attorney in Palm Beach County 

If you have been searching for a qualified business immigration attorney in Palm Beach County, look no further than the Devore Law Group. Over the years, we have helped numerous individuals explore various immigration opportunities in the Sunshine State. If you wish to send a worker to establish a subsidiary in Florida, consider reaching out and discussing the L-1A visa program in more detail. Book your consultation today.

Sources: 

uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

selectflorida.org/for-international-companies/

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