L-1 VISA ATTORNEY IN NEW JERSEY
New Jersey Immigration Lawyer
The L-1 intra-company transferee visa is available to foreign citizens who have worked abroad for one (1) continuous year within the preceding three (3) years in an executive, managerial, or specialized knowledge capacity, and who are also being temporarily transferred to the U.S. to work in a similar capacity in affiliation with the same organization.
Evidence of the qualifying relationship, proof of employment abroad and a detailed description of the job duties, qualifications and requirements will be required by USCIS to approve the petition. During the transfer, spouses and children under 21 may accompany the L-1 visa holder, and are also eligible for employment.
Managers are defined by the following:
- Manages the organization, or a department, subdivision, function or component of the organization.
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or department or subdivision of the organization.
- Has the authority to hire and fire as well as other personnel actions.
Executives are defined by the following criteria:
- Directs the management of the organization or a major component or function of the organization.
- Establishes the goals and policies of the organization, component or function.
- Exercises wide latitude in discretionary decision-making.
- Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
The definition of specialized knowledge is:
Special knowledge is knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application to international markets, or an advanced level of knowledge or expertise in the organization's process and procedures.
Information about L-1 Visas
Conversion to Permanent Residence
In certain circumstances, L-1 visas for executives and managers may be converted to lawful permanent resident status. However, the applicant must show that they intend to depart the U.S. when the stay is over.
Individual petitions may be granted for up to three (3) years, with a possible extension of two years for all L's and another two years beyond that for all executives and managers.
Business Abroad Must Continue
The petitioner must be doing business in the U.S. and at least one other country for the duration of the stay. Both the U.S. and the foreign company must be active.
Persons coming to open a new office in the U.S. will only be granted a one-year stay in the US. The USCIS also typically requires additional information about the plans for the new office such as proof that office space has been obtained, a business plan has been developed, the applicant has had the appropriate experience with the foreign company and that the foreign company will remain in existence during the full period of the applicant's transfer to the U.S. If the company wants to have the L-1 visa extended beyond the initial year, it will have to demonstrate that it has proceeded with the plans outlined in the initial petition.
The USCIS will scrutinize cases where the transferred employee also has an ownership interest in the company, since the USCIS may not believe the owner intends to ever leave the U.S. The U.S. employer will need to show that the firm's need for the transferee is not indefinite and that the transferee's foreign business interests are a strong lure for the person to return home upon the expiration of the transferee's stay in the U.S.
What Are the L-1 Petition Requirements?
U.S.-based and foreign employers may file the petition. However, a foreign employer must have a business entity in the United States. Filed petitions must include the following:
1. Evidence of a substantial relationship between the United States and foreign employer derived from ownership and/or control, such as:
- An annual report;
- Articles of incorporation;
- Financial statements;
- Copies of stock certificates
2. A letter from the foreign employer that explains the following information about the individual:
- Dates of employment;
- Job duties;
- Proof that the individual worked for at least one continuous year within a period of three years that preceded the filing of the petition;
- A description of the individual's job duties, work qualifications, and evidence that the job is an executive, managerial or specialized knowledge position
If the individual is opening a new office in the United States, the petition must include evidence that the business is in the United States, and:
- Has sufficient property to house the office;
- Currently, or upon the business being established, has a relationship with the foreign employer
Has the financial capacity to start doing business in the United States,
which includes showing:
- The amount of investment
- The structure of organization in each business
- The size and condition of the foreign employer's finances
If the individual is petitioning as an L-1 manager or executive seeking to open a new office, the evidence must establish that the operation in the United States will support the individual's position within one year's time.
Over 10,000 Immigration Cases Handled
The first step to understanding your visa application process is calling us for an initial consultation. In your no-cost, no-obligation appointment, we review your entire immigration record and financial circumstances to determine if you qualify for an L-1 visa. We also exhaustively review your family's immigration history to find out if you have other options available to you.
Our approach is undeniably effective. Since 1987, the Law Offices of Lloyd E. Bennett has been responsible for helping more than 10,000 individuals and organizations meet their objectives through immigration law. We have helped clients secure visas, counseled them through the complex immigration system, and helped achieve their goals. We have the resources, skills, and knowledge to put your case on the fastest path to success. This is our promise: we maximize your case's success while addressing your questions quickly and keeping you informed at every step.
Please contact our New Jersey immigration lawyers today for assistance.