L-1A Visa and L-1B Introduction
L1 Visa Lawyer
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Welcome to the California Law Offices of Chris M. Ingram. We’re delighted to have you join us for our video presentation on Intra-Company Transfers L-1A and L-1B Visas. In this presentation series, we’re going to give you a comprehensive review of this subject and you may find it useful to share this presentation with your board and any employee candidates that may be under consideration for being transferred.
In a nutshell, foreign companies are always looking to expand into new territories and countries. Many companies would like to get a foothold in the US market by establishing a sales office, distribution center or administrative office and so on. Often times, a senior manager from the foreign company will be transferred to oversee the expansion and to head up the new division.
Another situation might be where a multi-national company wants to keep moving key people around various parts of the organization internationally, as the manager or executive is being groomed for greater things.
Finally, there are various skills that many multi-national companies have difficulty sourcing from within the US, so they have to recruit overseas from their other branches. STEM skills such as Science, Technology, Engineering and Mathematics are increasingly hard to source in the US labor force. There is a constant pressure on companies to maintain their competitive edge, and therefore being able to recruit and develop that right mix of international talent is very important.
US Immigration is very much aware of the international commercial pressures, and has enacted immigration legislation that is intended to create a pathway for companies to expand into the US market, if they haven’t done so already, or simply transfer management-level talent from their foreign offices into an established US branch.
Many of our clients ask – ‘how big does a company need to be before it should be considered multi-national enough to qualify for this type of visa?’ This is a great question, but the legislation does not exactly specify minimum company sizes. Basically, if you have a company that has management and executive staff, supervisory level and then a general employee labor force, then it could be a company with as little as ten employees total.
In truth, the smaller the company the more intensive scrutiny it will be under should an application be made. We would suggest that companies with more than 25 employees, and that’s been established more than five years looking to expand into the US market by opening a new branch would be a better starting point. Where a company is smaller than this, we’d discuss the E2 Treaty Investment visa as perhaps a more suitable option.
The L-1A visa is for executives and managers, and the L-1B visa is for specialists. One of the main, if not most attractive, features of the L-1A is that, unlike the L-1B, L-1A intra-company transferees can secure a green card relatively easily and very quickly indeed. For example, if the intra-company transferee is coming to an already established US branch, then the L-1A transferee could secure a green card within a year.
As a result, many small business owners looking to expand into the US try to squeeze into an L-1A business profile as opposed to the more conventional E2 visa profile, which does not, at present, offer a direct pathway to green card status.
Where the intra-company transferee is the main, majority, and principal shareholder in the foreign company, US Immigration has allowed these aliens to obtain L-1A visa status. But then when that alien is ready to apply for green card status, they have argued that the alien doesn’t qualify because although he/she is technically an employee of the company, in reality, he/she has no superiors and is not answerable to anyone for the most part, and therefore no true “master/servant, employer/employee” relationship exists.
This position is not universally or consistently held within US Immigration, therefore getting from L-1A to green card status where the transferee is the owner of the business, can be somewhat unpredictable and challenging.
Ok – in the next presentation we’re going to cover the main qualification requirements of the L-1A and L-1B visas, so you can get a fairly comprehensive view of this opportunity. We look forward to you joining us for the remainder of this series.
Immigration Law Offices of Chris M. Ingram
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
[Cross Streets 4th and Wilshire]
Santa Monica,
California 90401
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
Please note that nothing contained in this website or link therefrom shall be regarded as providing legal advice. Please contact us directly for legal advice specific to your situation. Thank You.
Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
Important Notice: Please note that all videos created by the Law Offices of Chris M. Ingram are intended as general information only and not specific legal advice pertaining your case. If you would like specific legal advice on any immigration matter please do not hesitate to contact this law office accordingly. All pictorial images used in these videos and the website in general are licensed stocked images and not portraits, or otherwise, of anyone from the Law Offices of Chris M. Ingram, nor of its clients unless otherwise indicated by name. All images are used solely for illustrative purposes only. Copyright 2010-2015 All Rights Reserved.
What is an L1 Visa Lawyer and How Can They Assist You?
Understanding the Role of an L1 Visa Attorney
An L1 visa lawyer specializes in U.S. immigration law with a particular focus on facilitating the L1 visa process for individuals and their employer. The L1 visa is a nonimmigrant work visa designed to allow multinational companies to transfer executives, managers, or specialized knowledge employees from an affiliated foreign office to one of its offices in the United States. This type of lawyer is well-versed with knowledge and experience in the intricacies of immigration policy and the specific requirements needed for successfully obtaining an L1 visa.
Consultation Is Key
Arrange a consultation interview with potential lawyers which are often free or at a low cost. This meeting will allow you to discuss your case specifics and gauge whether the l1 lawyer understands your business goals related to international transfers using an L1 visa petition. It also gives insight into their communication style and commitment level of assistance.
Assessing Fees and Services
Understand how they charge for their services—some might offer flat rates while others may charge hourly fees. Ensure there are no hidden costs by asking for all details upfront about possible charges during your consultation period. Comparing these fees among different lawyers can help you find one that offers not just quality but also value.
Navigating Complex Legal Requirements with an L1 Lawyer
The process of applying for an L1 visa involves numerous complex legal steps and strict compliance with U.S. Citizenship and Immigration Services (USCIS) regulations. An L1 visa lawyer assists clients by ensuring all paperwork is correctly filled out, supporting documents are thoroughly prepared, and all legal criteria are met. From drafting detailed job descriptions that meet USCIS standards to advising on the structuring of corporate entities to qualify under the L category, these lawyers provide invaluable guidance throughout to both the individual and employer.
Strategic Advice and Planning
Beyond handling legal documentation, an expert L1 visa lawyer offers strategic advice tailored to both individual applicants and corporate clients. They help in formulating a clear immigration plan that aligns with personal career objectives or business goals. For businesses looking to establish new offices for a subsidiary in the U.S., these attorneys can advise on compliance with new office requirements for L visas, which involve proving legitimate business operations within one year.
Representation During Legal Proceedings
In cases where applications face challenges or denials from USCIS, a professional L1 visa lawyer acts as a representative in addressing these issues through proper legal channels. They might also represent clients during interviews or appeal processes when necessary. Their expertise not only enhances the likelihood of a favorable outcome but helps ease potential stresses associated with navigating complex immigration pathways.
Addressing Legal Challenges
If legal issues arise during an application’s processing—such as questions regarding eligibility criteria or document authenticity—an experienced L1 visa lawyer is equipped to address these effectively. They provide strategic advice based on a deep understanding of immigration law to navigate through any challenges smoothly.
Ongoing Support After Visa Approval
The role of an L1 visa lawyer extends beyond just obtaining a visa; they also offer ongoing support once it has been approved. They guide clients on compliance with immigration laws while working in the U.S., including an extension of stay, changes in employment conditions, petition for renewal, and transition to other types of legal status if applicable.
Frequently Asked Questions
What is an L1 Visa Lawyer?
An L1 visa lawyer specializes in U.S. immigration law, focusing on helping businesses and individuals obtain L1 visas. These visas permit foreign employees to transfer from a multinational corporation's overseas office to its U.S. office or establish a new office in the U.S.
What are the Key Responsibilities of a California L1 Visa Attorney?
An L1 visa lawyer assists clients in preparing and filing the necessary documentation to apply for either an L1A or L1B visa, provides guidance on compliance with U.S. immigration laws, represents clients during legal proceedings, and offers advice on maintaining legal status while residing in the U.S.
How Can an L1 Lawyer Benefit Your Visa Application Process?
An experienced L1 visa lawyer can significantly enhance the chances of a successful visa application by ensuring proper documentation and adherence to all regulatory requirements, advising on potential pitfalls throughout the process, and representing the client effectively in front of immigration authorities.
How does an L1 Visa Law Firm enhance the likelihood of application approval?
An experienced L1 Visa lawyer can significantly increase the chances of approval by meticulously preparing application documents, highlighting key aspects that meet visa requirements, advising on complex issues such as proving “specialized knowledge,” and responding adeptly to requests for additional information from USCIS.
What specific preparations does an L1 Visa Atorney handle in the application process?
L1 Visa lawyers prepare detailed petitions that include compiling organizational charts, job descriptions, proof of employment qualifications, evidence of business operations at both domestic and foreign branches, and more. They also guide clients through preparing for interviews and adjusting status post-arrival in the U.S., if applicable.
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