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L-1 Visa Attorneys: Taking Care of Your Employee Transfers
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Do you run an overseas company and want to expand your business to the United States (U.S.)? Are you an executive or manager who wishes to transfer from a foreign company to a U.S. subsidiary or parent company? The L-1 visa may be your best route. At Andrew T. Thomas, Attorneys at Law, our L-1 visa lawyers can help you navigate the L-1 visa process. Read on for more information about the L-1 visa and how our law firm can help.
The L-1 visa is a nonimmigrant category that allows multinational companies to temporarily transfer employees from a related foreign office to a U.S. base. To be eligible for the L1 visa, the petitioning company must meet certain requirements, including:
The foreign-based company must have a qualifying relationship with the U.S. entity
The foreign employee must have worked continuously for at least one year for the parent foreign company within the three years preceding the petition in an executive or managerial capacity
The foreign employee intends to come to the U.S. to work for the same employer in an executive, managerial, or specialized knowledge position.
L-1 visas are divided into two separate categories. The L-1A classification authorizes the transfer of an executive or manager from a related foreign office to a U.S. branch. The L-1B visa enables the transfer of a specialized knowledge employee from an affiliated office to a U.S. base. Both classifications allow foreign companies without related U.S. offices to send an executive, manager, or specialized knowledge employee to the U.S. to establish a new office. However, as the employer, you must demonstrate that:
You have secured adequate physical premises to serve as the newly established office
The employee has been employed for one continuous year within the three years before the filing of the nonimmigrant petition
The new U.S. office will support an executive or managerial position within one year after the petition is approved
You have the financial capacity to pay your employees and begin doing business in the U.S.
To begin the application process as the employer, you must complete and submit Form I-129 (Petition for a nonimmigrant worker) with the U.S. Citizenship and Immigration Services (USCIS). Another way is by submitting a blanket L1 visa petition. Blanket petitions allow employers to transfer eligible foreign employees to U.S. offices quickly without filing an individual petition with the USCIS.
For you to qualify for a blanket petition, you must meet the following requirements:
You and the qualifying organization are engaged in commercial trade
You have a U.S. office that has been engaged in business for one year or more
You have three or more domestic and foreign branches, affiliates, and subsidiaries
You have a U.S. subsidiary or affiliate with total annual sales of $25 million, a U.S. workforce of at least one thousand employees, or have received ten L-1 approvals in the previous twelve months
The L-1 visa grants eligible employees a maximum stay of three years. However, the maximum stay is one year if the employee is transferred to begin a new office. L-1 visa employees may request an extension of their stay in increments of two more years. Nevertheless, L-1A visa holders can only extend their visa for a maximum of seven years, while the maximum limit is five years for L-1B visa holders.
L-1 visas are dual intent visas that allow qualified employees to apply for permanent residence during their stay in the U.S. If you work as a manager or executive in America under the L-1 visa, you may also be eligible for the EB-1 multinational executive or manager green card. An experienced immigration lawyer from Andrew T. Thomas, Attorneys at Law, can help you prepare and file your EB-1 green card application.
Andrew T. Thomas, L1 visa attorneys play a crucial role in providing support and guidance for your L-1 visa application. We are familiar with the legal intricacies that come with immigration applications and can make the process smoother. We do not only handle these legal complexities but can help you understand them better so you can navigate the process seamlessly. Amongst other things, our immigration lawyer will:
Answer any questions that you may have about the L1 visa
Assist you with gathering all the documents you require to file your application
Assist you with your L-1 visa renewal or extensions
Guide you through the L-1 visa application process
Help you and your dependents maintain the benefits of your L-1 visa
Help you navigate complex immigration law regulations
Monitor your entire application process from start to finish
Work with you to ensure that you meet all L1 visa requirements
The terms and conditions for qualifying for the L-1 visa can be complicated. Therefore, it is advisable to consult with a skilled L-1 visa lawyer to ensure your applications are correctly completed. Andrew T. Thomas, Attorneys at Law, have successfully helped many clients with their immigration needs; we can help you, too! All you have to do is schedule a free consultation with us today and speak to one of the members of our qualified legal team. Do not hesitate to contact us today for an outline of what to expect during the L visa process and how you can be better prepared.
You may sponsor a family member (spouse or children under twenty-one) by seeking admission on their behalf through the L-2 nonimmigrant visa. If the USCIS approves your application, they will be granted the same period of stay as you. Your spouse can work for any U.S. employer without filing for an employment authorization document. Further, your children may study in a U.S. college or university on their L-2 visa.
