An L-1A is a visa is for a foreign worker coming to the US to perform services in a managerial or executive capacity for a US branch of a multinational company. In the broadest terms, the petitioner must establish i) that it is a qualified organization, and ii) that the worker is qualified as an executive or manager.
An organization is qualified if it is either a US affiliate, parent or subsidiary of a foreign business entity. The terms “affiliate, ” “parent, ” and “subsidiary” are defined by immigration regulations, and not by their generic meaning. There are additional documentary requirements which the organization must meet if it is a “new office” which has been functioning for less than one year. Some of these additional documentary requirements include production of a business plan and proof of sufficient premises to house new offices (note that an actual lease agreement is required, and a virtual office is likely to be considered unacceptable).
A worker is qualified for the L-1A visa if the person has worked for the foreign counterpart of the US organization for at least one of the past three years in an executive or managerial capacity. The terms “executive” and “managerial” are also specifically defined by immigration regulations, although the definition is intuitively logical.
What Is L1 Blanket Visa, Eligibility And Process
Unlike H-1B visas, there is no quota on the number of L-1A visas which may be issued every year, therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.
An advantage of the L-1A visa over work visas like H-1B is that it does not require any specific educational background. After all, some of the most successful and talented CEOs have no educational degrees at all. L-1A is also considered a “dual intent” visa, meaning that you may have immigrant visa petitions (green card) pending, and still have no problem in applying for L-1A extensions. Another advantage is that your dependents, which would be in the US on L-2 status, are able to obtain work authorization. Employers on a tight budget can also be assured that they are not required to pay the worker prevailing wage. Also, as previously mentioned, L-1A visas are available year-round.
The disadvantage of L-1A is that you have a strict 7-year limit as to how long you can extend your status. Those who initially enter the US in L-1A status, may opt to change status to H-1B to take advantage of indefinite extensions based on having a pending employment based immigration petition (green card). Changing status to H-1B may not be necessary, however, because there is potential for an L-1A worker’s employer to file for an EB-1C Multinational Executive/Manager immigration petition, which is of the highest priority (generally, there is no waiting period for the “priority date” to become current).
Satisfying The One Year Abroad Requirement For L 1 Employment Visa
L-1A visa petitions are one of the most complex visa petitions to properly document. A professional understanding of the legal definitions relating to the US organization and the candidate is necessary in order to present an effective case. In cases where a “new office” is being established, particular attention to detail is necessary. First-hand knowledge of what the immigration service expects to receive from the petitioner is essential to success.
To discuss L-1A visa petitions and other alternatives with an experienced immigration lawyer from the Shah Peerally Law Group, feel free to contact us by email or call us at 510-742-5887.L-1 Visa is one of the employment based visas available in the United States. It is for overseas’ managerial employee with specialized knowledge to work at a related entity in the United States. With an L1 visa, employers can transfer employees from overseas to their own companies in the United States. Alternatively, an L1 visa can also be pursued by entrepreneurs or start ups to conduct business in the U.S. If you are interested in an L visa, please contact our Chicago L1 Immigration Lawyers to schedule a consultation.
AtCIPOLLA LAW GROUP, we have over 30 years of combined experience andExcellent Approvalhelping foreign executives and entrepreneurs for their immigration matters. Nominated as one of the top 10 best immigration law firms in America, we are confidence to help you achieve your immigration goals.Call 773-687-0549 or contact ustodayfor a consultation. We speak 中文, Español, Français, Italiano and Portuguese.
Call A Seasoned L1 Visa Attorney Orlando Trusts! (407) 999 4957
The L-1 visa is initially issued for one year when the US business enterprise is less than a year old or for up to 3 years for US businesses older than 1 year. The visa will be extended after the initial issuance in two and three-year increments for a maximum of seven years in total for L-1A and 5 years in total for L-1B. It is important to note that a L-1 extension application must be filed before the initial L-1 status expires.
A big advantage of the L-1A visa is that it is almost identical to the requirements for the EB-1C green card case.
For all L-1 visa petitions, there must be a qualifying relationship between the US employer and overseas employer including a parent-subsidiary relationship, affiliate relationship, branch office relationship, or joint venture relationship. Once the qualifying relationship is established, the qualifying overseas employment and proposed US employment must be established (i.e. specialized knowledge (L-1B Visa), managerial, or executive (L-1A Visa).
L 1 Visa Attorney, Everett Wa (snohomish Co) & Bellevue (king Co): Genesis Law Firm
The term “special knowledge” means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
L-2 Visas are available to the spouses and the unmarried children under the age of 21 of L-1 Visa holders. Spouses of L-1 visa holders are permitted to work, however the minor children under the age of 21 are not.
Large Companies may obtain L-1 Blanket Status which allows large US companies that require frequent transferring of non-US employees to do so with one blanket L-1 Petition. Individuals will still need a petition, but blanket status will still eliminate much of the paperwork.
L1 Visa To Green Card: The Ultimate Guide
In recent years, USCIS has adjudicated L-1 visa in a strict manner, probably due to a large number of fraudulent applications in the past few years, as well as the rules and restrictions surrounding the L-1 Visa is extremely complicated. Thus, it is important that you engage a skilled attorney to lay out a clear strategy in light of the law and your particular circumstances. A properly thought out case and strong filing with supporting evidence are essential for an L-1 Visa Petition.
Our Principal Attorney Gerald Cipollais an experienced immigration lawyer with strong business background. He is a member of the Chicago Mercantile Exchange (CME), as well as a former law professor at the City Colleges of Chicago, an Immigration Advisor forChristianityToday.com Church Law & Taxand was nominated as one of thetop 10 immigration lawyersin the US.
Proving “managerial capacity” and other L-1 requirements are crucial to the success of a L-1 visa. With over 30 years of collective experience representing foreign managers/executives and entrepreneurs to expand their businesses in the U.S, our Chicago L-1 immigration lawyer can assist you. Call 773-687-0549 or contact the Cipolla Law Group online today and learn how our immigration law firm can strategically plan and represent your L-1 visa petition. We are conveniently located in Chicago, Illinois.The L-1A investor visas are for high-level corporate personnel of a foreign company to be transferred to work at a company in the US. To qualify, there must be a foreign company seeking to transfer a worker to a US company. Both companies must be owned by or a part of the same corporate group. The L1A investor visa is not for low-level employees. It is for executives and managers, which for L1A purposes, means that it is limited to high-level personnel responsible for making important corporate decisions and who supervise subordinates who also make important corporate decisions. For example: David is an executive at “Company A” located in France. Company A has a sister company in the US called “Company B”. David is to be transferred to be an executive in the US at Company B. The L1A visa would allow David to be transferred from the company in France to work at the company in the US.
L1a Visa News. Us Immigration Blog
The L1A investor visa is used by both employees and by investors, i.e., owners of multinational companies. Employees use it as a work visa. Business owners use it as an investor visa. In other words, the L1A can be used in different ways, although the requirements for getting the visa remain the same. Contact our office to speak directly to one of our immigration lawyers about qualifying for the L1A investor visa.
With the L1A visa you and your immediate family will be able to legally live in the USA. Your immediate family includes your spouse and your unmarried children under the age of 21.
The L1A will authorize you to work in the USA. Your spouse will be eligible to get a work permit. Your spouse’s work permit allows your spouse to legally work
0 comments
Post a Comment