It’s always difficult to deal with immigration laws and policies of the United States, however, the L1 Visa is one of the best choices for multinational corporations that want to transfer some of their human capital to the United States for practising business management. At US Area Immigration Services, we try to make it easy for you to obtain your L1 Visa and assist you to do this successfully. Read everything you need to know about L1 Visas: six practical tips for L1 Visa application in this guide.
Know About L1 Visa
The L1 visa is an exceptional visa that permits a specific worker in an organization to operate in a separate organization of the same company in the United States. In other words, this visa enables the foreign company to send a manager, an executive or a professional employee to work in the U.S. for an American company that has a qualifying relationship with an overseas company. Examples of qualifying relationships between two firms include a branch office, an affiliate and a parent and subsidiary relationship.
6 Tips for Success in Your L1 Visa Application
1. Partnering Foreign Entity Should We Gross Revenues of Not Less than $ 500000
To approve an L1 visa application, the foreign company should be able to record total annual revenue of not less than half a million dollars for the previous fiscal year. Most importantly, this is not the law mandating it. If you decide to examine the requirements for the L1 visa, you will not find that the foreign company has to generate $500,000 in revenue. However, in our firm and practice dealing with L1 visa issues, we have found that if the revenue is small USCIS may have many concerns regarding the foreign entity. When the revenue is too low, USCIS may look at the possibility that the prospective L1 visa beneficiary is engaged in actual managerial or executive responsibilities. Also, they can ask questions such as whether the company abroad is real or is merely an operating company. In short, in case the gross revenue of the foreign company is below $500,000, it can be safely assumed that USCIS will scrutinize the L1 application more than once if the gross revenue of the company is above $500,000.
2. Foreign Entity should have a minimum of 10 full-time employees employed with them
A further measure is beneficial in making sure the foreign entity has a minimum of ten full-time employees on its payroll. As with the gross revenue tip above, there is no statutory minimum of employees. But again, as a firm that frequently deals with L1 applications, in situations where the number of eligible employees for the foreign entity is small, then USCIS can come up with a myriad of other questions concerning the proposed visa beneficiary’s position in the business. In this case, the beneficiary should have worked for the foreign employer in a managerial, executive or a specialized knowledge position. In particular, when a company abroad has very few employees, it becomes difficult to prove that the individual beneficiary performed the services of a manager, executive or highly skilled knowledge worker.
3. US Companies should have adequate Physical area to carry out the business
To achieve the needs for L1 application concern, the U.S. company needs to provide adequate physical facilities to run the business. What this means is that the U.S. company must hold a lease or own a property that allows it to run the business from this location.
This is an important requirement because the U.S. company should have enough space to accommodate all employees included in the projected creating year five of the company’s business plan. Some kinds of L1 visa petitions require an accompanying business plan that shows the need for the number of To & From employees forecasted to be hired up to year 5. To meet that obligation there ought to be space conserved to accommodate all employees assumed through year five.
For instance, when the actual office of the U.S. company is insufficient in space, USCIS turns to the business plan and asks how 20 employees anticipated in year five could fit into just 100 square feet.
4. A U.S. Company Needs Structural Requirements
For an L1 visa, the U.S. entity should either already be in business or be established to be in business soon. That means the organization should already have infrastructure developed in such a manner that the organization is operational from the time the L1 visa beneficiary arrives in the United States.
5. Required Revenue of the New Foreign Company to Support the Newly Formed Domestic Company
USCIS will also wish to know or satisfy itself on several aspects for example whether or not the foreign entity has adequate capital to support the U.S. entity during the propagation period of the U.S. corporate entity. The L1 visa itself has an option for L1 new offices meaning a brand new U.S entity. Ensure that you can prove that the foreign entity has revenue or otherwise planning to have revenue for it to fund the US entity’s first years of operation.
6. Have an Organizational structure Chart (one fit for L1-A managers or executives)
The organizational chart is an attachment to your L1 petition and it demonstrates your position with the foreign organization as well as the expected position with the related enterprise in the U.S., the organization chart should indicate that you have subordinates, and those subordinates are skilful workers, who must possess at least a bachelor degree as a condition to perform their functions of the job description.
Building on this tip further your application will be more powerful if you submit an organizational chart with two subordinates below you to USCIS. It is undoubtedly better to have two subordinates rank below you rather than just one. It is desirable that you have competent subordinates, and every one of your subordinates should have competent subordinates. That only serves to bolster the argument that you are a manager or an executive.
Conclusion
To apply for an L1 Visa is not a challenge when you know the following aspects to be true. Thus, to achieve immigration, you need to prepare all documents to perfection and seek help from an immigration attorney. For any type of mobility whether public or executive, whether the individual is a manager or an employee with specialized knowledge, the tips highlighted herein will enhance the chances of a smooth transition.
Here at US Area Immigration Services we have the pleasure of being able to assist clients in learning the process of US Immigration. Ready to start your journey? However, if you need support contact us today.