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L1 Business Visa For U.S. Immigration

 

 

By Shahzad Ahmed - NeJame Law Partner

Board Certified US Immigration Attorney Shahzad Ahmed in Orlando, FL, gives an overview of the process and benefits of obtaining an L-1 Visa for U.S. Immigration:

"Today we’re going to talk about the L1 Business Visa for U.S Immigration. The L1 visa is a valuable tool for business persons who wish to expand their operations into the U.S. Unlike some other visas it does not require a large investment of time and money. The L1 Visa is for intra-company transferees. If you work for a company in your home country, and wish to transfer to a U.S. office of that company, you may qualify for an L1 Visa. In order to keep it simple, lets call your home company the sending company and lets call the U.S. company that you are coming to work for, the receiving company. Keep in mind, that even if your company doesn’t currently have a U.S. office, that’s okay, because your receiving company may be either an existing company or a new one. First lets discuss some of the benefits of this popular business visa, then, we’ll review its requirements. With an L1 Visa you can enter the U.S.  to work for the receiving company. During your L1 stay, you may travel outside of the U.S. so if you need to return to your home country to keep an eye on your sending company, you may do this. Another benefit of the L1, is that you may bring your spouse and child, under 21 years of age, with you on L2 status. Your child may attend school, and your spouse may apply for work authorization. Perhaps the most important of all, the L1 provides an opportunity for you to apply for a Green Card if you will be working as an executive or a manager of the company. Now lets review the requirements of an L1 visa. First, there must be a qualifying relationship between the sending company and the receiving company. That means one company must be either a parent, subsidiary, affiliate, or a branch of the other. It will be your counsel’s job to make sure there is a proper qualifying relationship between the two companies. Your receiving company in the U.S is not limited to the same type of business that your sending company is engaged in. Second, as the employee who is being transferred to the receiving company, you must have been employed by the sending company for at least one year. Your employment for the sending company must be thoroughly documented to the U.S. Immigration Service. Third, your past employment at the sending company, must have been in the capacity of an executive, manager, or an employee with specialized knowledge. Here your case may get tricky, especially if your company is small. The U.S Immigration Service is very particular about the definition of these terms, so lets review them. An executive is someone who directs the management of the organization and sets its policies and goals. A manager oversees other supervisors. Typically, an executive or manager may not be a first-line supervisor. Many petitioners and their counsel’s fail to make this distinction, and many cases are routinely denied for this reason. If you apply as an employee with specialized knowledge, you must explain what special knowledge you possess for the companies functions, services, equipment, or other that entitles you to this classification. Again, you and your counsel must submit adequate documentation to establish this. I hope that you found this introductory information about the L1 Visa program helpful. The L1 Visa is the visa of choice for many business professionals. However, the L1 application should be prepared for you by an expert with extensive experience handling these cases. If I can help answer questions about L1 Visa’s or if you have concerns about your ability to obtain an L1, please email me, or call, I’d be pleased to help you."

Contact our Immigration Lawyers in Orlando

If you are considering applying for an L1 Visa, contact an experienced US immigration attorney from NeJame Law. We are available for you at (407) 500-0000. You may also fill out the online form provided on this page or e-mail us directly at Immigration@nejamelaw.com.

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