Jacksonville, FL L-1 Visa Attorney
Understanding the L-1 Visa: Benefits, Categories and Challenges.
Reliable Legal Counsel for Managerial or Executives Residing Abroad
The Law Office of Joanne M. Fakhre, P.A. advises foreign executives, managers, and "specialized knowledge" employees on the most efficient means of obtaining work permits through the L-1 Visa. U.S. Citizenship and Immigration Services (USCIS) processes L-1 petitions submitted by U.S. employers to temporarily employ qualified foreign nationals in the United States. The L-1 can often allow for an extension of a current home country employment risk-free.
Is L-1 Visa Right for Me?
The L-1 Visa Requires:
- The steering of the organization or department
- Directing professionals in management, administration, or services
- The establishment of new office/managing or securing the United States 'related business, and/or the recruitment of other managers and employees
For the most part, L-1 Visas' translation of business is advantageous for entrepreneurs interested in directing an office in the United States. Legal plaintiffs using L-1 are required to be engaged in the management of a business, particularly to move or create knowledge that contributes to the goods and services offered by a company. Additionally, they need to do so in a leading role - either as a low-level executive or manager - meaning that you can't move your own start-up with a minimum of two people.
The L-1 Visa may reveal another opportunity for immigration that has escaped you thus far. As an L-1 visa holder, you will be able to live and work in the United States and eventually apply for a Permanent Resident Card upon establishing a new office, a perk not provided by other nonimmigrant visas.
Ready to navigate the L-1 Visa process? Contact us at the Immigration Law Office of Joanne M. Fakhre, P.A. today for your consultation and expert guidance at tel:(904) 447-1937.
Benefits of the L-1 Visa
The L-1 Visa offers several key benefits for managers, executives, and employees with specialized knowledge who wish to work in the U.S. Here are some of the advantages:
-
Transfer to the U.S. as a Manager or Executive: The L-1 Visa allows international managers and executives to transfer to the U.S. to work at a related company, such as a subsidiary, affiliate, or branch. This is a great opportunity for businesses with global operations.
-
Path to Permanent Residency (Green Card): The L-1A Visa, for managers and executives, provides a faster pathway to a Green Card. After holding an L-1A Visa for a certain period, you can apply for permanent residency, unlike other non-immigrant work visas.
-
Family Accompaniment: The L-1 Visa holder can bring their spouse and children (under 21) to the U.S. on an L-2 Visa. L-2 visa holders are also eligible to work in the U.S., which is a major advantage for families.
-
No Annual Cap on L-1 Visas: Unlike other work visas, there is no annual limit on the number of L-1 Visas issued, meaning there is less competition and a higher chance of approval.
L-1 Visa Categories (L-1A vs. L-1B)
The L-1 Visa is divided into two categories:
-
L-1A: This category is for managers and executives. To qualify, the applicant must have worked for a foreign company in a managerial or executive capacity for at least one year in the last three years. This visa allows the holder to transfer to the U.S. and manage or direct an organization or department.
-
L-1B: This category is for employees with specialized knowledge. The applicant must possess specific expertise or knowledge that is crucial to the company’s operations. L-1B applicants typically work in roles requiring unique technical knowledge or skills related to the business.
Common Challenges in the L-1 Visa Process
While the L-1 Visa offers many benefits, there are challenges during the application process:
-
Proving Prior Employment: Applicants must demonstrate that they have been employed abroad for at least one continuous year within the last three years.
-
Documenting Company Relationship: Applicants need to show that the U.S. business is related to the foreign business (e.g., parent, subsidiary, branch, or affiliate).
-
Establishing Managerial or Specialized Knowledge Role: The applicant must provide evidence that they meet the criteria for a managerial or executive position (L-1A) or possess specialized knowledge (L-1B).
L-1 Visa Extensions and Renewals
The L-1 Visa is not a permanent solution, but it can be extended:
-
Initial Duration: L-1A visa holders are typically allowed to stay for one year if opening a new office in the U.S., and up to seven years if transferring to an existing office. L-1B visa holders can stay for up to five years.
-
Extension Process: Extensions are possible, but applicants must prove continued eligibility. For example, they must show they are still employed in a managerial or specialized knowledge capacity.
-
Common Reasons for Denial: Extensions can be denied if the applicant has not fulfilled their duties as expected or if there is insufficient evidence of the company’s operational success in the U.S. It’s crucial to maintain thorough documentation and provide consistent proof of eligibility.
The L-1 Visa Process: Your Application From Start to Finish
The L-1 application process includes the following steps:
-
Checklist for Application Package
The types of application forms and supporting documents that are needed are dependent on the specific L-1 category upon request, as well as the size and location of your employer's business.
-
File an L-1 Petition
When the application is complete, the US employer must sign and mail it with the required fee to the address shown on the USCIS Specialty Crowdfunding Formats page.
-
Complete the Application
-
Principal applicant's photograph. See the form directions for photo submission specifications.
-
Form G-28, if necessary.
-
Copy of the check for the filing fee (Form I-129, Petitioner for Transferee, or Form I-129S, Non-Petitioner for Specialty Occupations).
After submitting your work visa to the USCIS office, you will need to wait to be summoned for an appointment with your local consulate. When your set date arrives, you will need to have a brief interview regarding your maximum qualifications (a look at your resume from the consulate). Upon final approval, you will have to begin your job within months of obtaining your "visa stamp." Upon reaching the country, you must contact the USCIS office to obtain a Social Security Number (SSN) to be able to work. Schedule your consultation with our knowledgeable lawyer at The Law Office of Joanne M. Fakhre, P.A. today.
FAQ: L-1 Visa
-
Can my family members join me in the U.S. on an L-1 Visa?
Yes, your spouse and children under 21 can join you in the U.S. on an L-2 Visa. Your spouse may also be eligible to work in the U.S. with an L-2 Visa.
-
How long can I stay in the U.S. on an L-1 Visa?
The length of stay depends on the type of L-1 Visa you hold. L-1A holders can stay up to 7 years, while L-1B holders can stay up to 5 years. If you’re opening a new office in the U.S., the initial stay may be granted for 1 year.
-
Can I apply for a Green Card while on an L-1 Visa?
Yes, L-1A visa holders (managers and executives) have a direct path to a Green Card. L-1B holders (specialized knowledge workers) can also apply for a Green Card but may face a longer process.
-
Do I need to have a job offer in the U.S. to apply for an L-1 Visa?
Yes, to apply for an L-1 Visa, you must have an offer from a U.S. employer that is related to your foreign employer, such as a subsidiary, affiliate, or branch.
-
What happens if my L-1 Visa application is denied?
If your L-1 Visa is denied, you can appeal the decision or reapply. In some cases, the denial may be due to insufficient documentation or eligibility. Consulting with an immigration lawyer can help clarify the reasons for denial and the next steps.
Get an Initial Consultation Advocate and Advisor
As you will quickly realize, different legal ways often lead to US immigration. Rely on an experienced L-1 Visa lawyer at our Florida law firm that bends over backward to review your case in every way.
Ready to navigate the L-1 Visa process? Contact us at the Immigration Law Office of Joanne M. Fakhre, P.A. today for your consultation and expert guidance at tel:(904) 447-1937.
