Visas L-1 – service transfer within the company for managers, managers and persons with special knowledge.

Visas L-1 – service transfer within the company for managers, managers and persons with special knowledge.
The L-1 visa for internal transfer within the company allows the manager, manager or employee with special experience to transfer from a foreign company to a subsidiary or a subsidiary in the United States for temporary work. The applicant must work in a foreign company for at least 12 months out of three years immediately preceding the filing of the L-1 visa petition. The applicant must be hired to work either as a manager / manager (category L-1A) or as an employee with “specialized knowledge” & raquo; (category L-1B).
There are no restrictions on the nature of the company’s activities (for example, import-export, construction, services, & mdash; in particular, restaurant business, etc.). A foreign company or its owner can create a new business in the United States or acquire an already existing American business. The latter option may have the advantage of speeding up the process of obtaining a permanent place of residence.
Initially, L-1 visas are issued: 1) for one year, if the US company is a new enterprise, or 2) for three years, if the American company already has been active for at least one year. Managers and managers with L-1A visas can stay in the US for up to seven years. Employees with special knowledge can remain in the status of L-1B up to five years. Renewal of visas is not automatic: when applying for an extension of the status, it must be shown that the American company is sufficiently developed and really needs the position of this manager, manager or specialist, and that the financial condition of the company allows it to have an employee in the status of L-1. At the same time, a foreign company must continue to function throughout the L-1 status period.
Who is eligible for the visa?
Manage (control) one of the key functions of the organization or department; Main surveillance and supervision of other professional or administrative staff; Have the right to hire and fire personnel, as well as give recommendations for staff increase.
To manage the entire organization or one of its major components or functions; Define the goals and policies of the organization; Take a wide range of decisions at your own discretion.
According to the requirements for a person with special knowledge (L-1B), you must possess:
Special knowledge of the company’s products and its application on the world market; Expanded or unique knowledge about the methods and technological processes of the company.
Requirements for an American company:
In the case of a new enterprise, an American company must have an office space and be able to financially support the applicant for a visa and the beginning of its activities; In the case of continuing existing activities, the US company must demonstrate the need for a manager, manager or specialist, as well as the availability of an office space, tax returns and a financial opportunity to pay the salary offered to the applicant for a visa; An American company must have a proper attitude to a foreign company: parent-subsidiary / subsidiary-parent company, joint venture, branch or branch.
Advantages of the L-1 visa:
There are no quotas for issuing L-1 visas (visas can not end within a year); There are no annual restrictions on the number of visas for one company; The applicant for the L-1 visa does not need to demonstrate the existence of a residence abroad; L-1 visa holders can apply for permanent residence; L-1A visas are not subject to the Labor Certification requirement (Electronic Check Management Program), and this allows the L-1A visa holder to obtain a Green Card relatively quickly and without problems; Underage children and spouses automatically get the right to receive L-2 visas. Under the L-2 visa, the spouse (s) can work if they receive a separate work permit from the Citizenship and Immigration Service.
What problems, complexities and issues of the consular or immigration service arise when filing a petition and visa application for category L-1?
White & amp; Associates has been working with L-1 visas for more than 20 years. Next, we give some of the problems and difficulties that we had to face:
The Citizenship and Immigration Service interprets the terms & laquo; leader & raquo; and & laquo; manager & raquo; in different ways: one employee may consider some position as managerial or managerial in nature, and the other & mdash; no; The meaning of the term & lquo; specialized knowledge & raquo; so controversial and controversial that it has already become the subject of many lawsuits; Too small office space, insufficient to accommodate staff; Insufficient initial capital; Template business plans and job descriptions; Few staff to be considered a manager or manager, at the time of applying for a visa extension; There are few office employees in the subordination of an employee with a L-1 visa; There is not enough financial means to pay a salary to an employee with a L-1 visa; The distribution of share capital in US and foreign companies is not consistent with how the Immigration Service interprets the term & laquo; branch & raquo ;; There is little evidence that the employee with the L-1 visa directed and gave instructions to employees, or that employees reported to him; If a foreign company & mdash; small, with a small staff, there is a doubt that the applicant for the L-1 visa worked as a manager or manager, and whether the office will continue to function in its absence; Applicant for visa L-1 & mdash; holder of a controlling interest in a foreign company; More than one employee at the same time submit petitions for L-1 visas; The consular officer discovered new “significant” raquo; data.
What help will White & amp; Associates?
For new US companies, we help register a company in the US, open a bank account, obtain the employer’s identification number, register in the Dun & amp; Bradstreet, get local permits, organize the development of a business plan specifically for the purpose of L-1, prepare a petition, and prepare the applicant for a consular interview or, if you are already in the United States, to change the status. For existing US companies, we will help the applicant for an L-1 visa to obtain approval immediately for three years.
To solve complex issues and situations, we use our experience. If the attorney is already available, we can offer a “second opinion” & raquo; on business. If your petition has been sent back for recall or it is about to happen, we can delay the recall process or react to the received & laquo; Notification of intention to withdraw the petition & raquo ;. If your petition is refused, we will submit your interests in the appeal process or we will select alternative options for the employee. In addition, we will help the employee deal with personal problems related to immigration. Rates here are very high: refusal to petition can irretrievably undermine the whole project, and the consular recommendation to withdraw the petition may delay the arrival of the employee for 6 months or more & mdash; as a result, the company will have to pay an expensive lease, while its head is stuck outside the US for months. Contact us and find out more about how we could help you.


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