The Legitimate One : L-1
-Sudhir Shah, Advocate, Mumbai

After Uganda, once again disturbances in Kenya should be an eye opener for Indians who have made African sub-continent as their home. The atrocities of Idi Amin made Indians flee from Africa and return to their home country or seek shelter, by asking Political Asylum and Refugee status in UK and USA. Similarly, Indians residing in Kenya may also now have to return to India and multitude of them may flee to USA and ask Political Asylum or Refugee status there. What has happened in Uganda and Kenya may also happen in other parts of Africa. Today Indians who are residing in different parts of Africa, have a constant fear of their well being and ladies are only happy when the male members return home from their work.

Majority of the Indians who have settled in different parts of Africa are businessman and large number of them are doing well in their business. These people, instead of waiting till the time they are driven out of their homes and from Africa and then seeking Political Asylum or Refugee status in USA should consider an hon’ble and legitimate option available to them of incorporating a company in USA as a branch, partly or wholly owned subsidiary or joint venture of their existing business and transfer themselves and their family members to USA on Intra-Company Transferee L-1 visas.

USA government has in 1970 created Intra-Company Transferee L-1 non-immigrant visa which allows a foreign manager, executive or person with specialized knowledge to work in USA for 7 or 5 years and upon fulfilling certain conditions obtain permanent residence in USA. If a foreign business entity which could be a sole proprietary or partnership firm, private or public limited company, a co-operative society to trust would establish its branch or wholly or partly owned subsidiary or enter into partnership or joint venture with a USA company, the said USA company can invite the person working with the said foreign business entity as a manager, executive or person with specialized knowledge for a minimum period of one year in aggregate during last three years to work with it in the same capacity of manager, executive or person with specialized knowledge on Intra-Company Transferee L-1 visa. Managers and Executives are granted L-1 A visas which allows them to work in USA for an aggregate period of 7 years. Persons with specialized knowledge are issued L-1B visas which permit them to work in USA for a total period of 5 years. These people are also allowed to invite their spouse and unmarried children below the age of 21 years to reside with them in USA. If they desire to work in USA they can do so after obtaining prior permission. L-1 A managers and executives can also be sponsored for a green card by their employers in which case their applications would be under Employment Based First Preference category which do not require labor certification. It is not necessary that the Intra Company transferee should possess a minimum educational qualification or be paid salary equivalent to the prevailing market rate in USA. They may even be paid in their home country in their own currency. The business of the foreign entity and USA entity necessarily need not be the same and there is no mandatory requirement to invest any minimum capitol in the USA business. In short the Intra-Company transferee L-1 visas are the most flexible and convenient visas available to the Indian businessman who are settled in Africa.