The U.S. Citizenship and Immigration Services (USCIS) is in charge of governing the ability of foreigners to work and live in the United States for an extended period of time. The USCIS issues visas to people who meet specific criteria for either employment or permanent resident status. The L visa series is one of the most powerful kinds of temporary visas in the U.S., allowing people to work and live in the U.S. for a long period of time.
Opening a New Office in the U.S. With an L1 Visa
Foreign companies can obtain an L1 visa if they want to open a new office in the United States. A “new office” is one opened by an organization that’s already been doing business in the United States via a branch, parent company, affiliate or subsidiary for no more than one year.The requirements for using an L1 visa to open a new U.S.-based office will vary based on the how the employees will be coming to the U.S., including if they will be using either an L-1A visa or an L-1B visa.
Initially, the duration of the L1 visa is one year. However, it may be extended when certain conditions are met.The law does not require a minimum amount of capital investment in order to open a new office with an L1 visa. The normal capital investment for your industry is what is recommended.
The L-1A Visa for Managers and Executives
When the beneficiary comes to the U.S. and is either a manager or an executive, and they are going to be employed at the new U.S.-based office, the petitioner must submit the following documentation and evidence:
- Proof that there are sufficient physical premises to house the new office and that these premises have been secured.
- Evidence that the beneficiary has been employed continuously for at least one year during the three year period that preceded the petition filing. Furthermore, the beneficiary had to have been employed as either a manager or an executive. Additionally, the proposed employment of the beneficiary has to involve some type of managerial or executive authority over the new office.
- The new U.S. office will reach the standard of “doing business” within one year following the petition’s approval. Furthermore, the U.S. operation will support a managerial or executive position. The operation will also have to show information that supports the following: the nature of the office, including the scope of the business, the organizational structure and its financial goals; the size of U.S. investment and the ability of the foreign entity to pay the beneficiary so that they can begin doing work in the U.S.; and the foreign entity’s organizational structure.
Any manager or executive who will be opening a new office in the U.S. must be actively involved in the business’ daily operations, particularly during the initial phases. Additionally, the beneficiary must have both the authority and plans for hiring new staff members. They also must have a lot of room to make important decisions regarding management and the organization’s goals. For more useful information on L-1A visas, review our informational pages:
The L-1B Visa for the Specialized Knowledge Professional
When a beneficiary comes to the U.S. as a specialized knowledge professional, and they will be opening or employed by the new U.S. office, they must provide the following documentation and evidence:
- Proof that there are sufficient physical premises to house the new office and that these premises have been secured.
- Evidence that the U.S. business entity either is or will be a qualifying organization.
- Proof that the petitioner has financial ability to pay the beneficiary so they can being doing business in the United States.
For additional helpful information on L-1B visas, read:
L Visa Benefits
Professionals who have an L-1 visa are allowed to work for a company for a specific amount of time. The duration of employment will vary based on the person’s home country. The longest time period a person can possibly get with a L-1 visa is seven years. The L-1 visa is thought of as an acceptable step toward getting a green card which would require an adjustment of status. Read our informational article, Adjustment of Status from L-1A to EB-1 Visa.
Pride Immigration Law Firm PLLC Is Ready to Assist You
If you are interested in pursuing an L1 visa or, are currently maintaining L1 status and are interested in pursuing permanent residency, contact Pride Immigration Law Firm PLLC for professional legal assistance. Our experienced immigration attorneys will be able to advise you as to your options and guide you through the L1 visa or adjustment of status process.
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We believe in educating our clients so that they feel confident in our services. Our firm offers consultations by phone or at our office location so that you can make an informed decision. Call or contact us online to schedule your consultation today.
Beeraj Patel, Esq.
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