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Businessmen: you may also wish to visit E2treatyInvestorVisa.com

THE L-1 INTRACOMPANY TRANSFEREE VISA

The L1 visa is one of the most useful visas out there. However, if you don't know what you're doing, it is also one of those visas that can be denied in a heartbeat. We have a strong business background and can help you navigate these difficult waters.

It is ideal if you have a business plan with three-year financial projections. If you don't, we can create one for you.

THE DIFFERENCE BETWEEN AN E VISA AND THE L-1

The difference between the two investor-related visas, the E-2 Treaty Investor or E-1 Teaty Trader and the L-1 Intracompany Transferee is profound. Whereas the E visas require for you to be a national of a treaty country (primarily Western Europe, Canada, Mexico and Australia), the L-1 can be applied for by an entity or individual from anywhere in the world. An additional benefit is that there is no annual limit on L-1s. Unlike the H-1 for example, which ran out last year causing problems for companies across this country, there are an unlimited number of L-1s available.

Another recent change you may enjoy is the ease with which your spouse can work. In the past, your husband or wife would have to apply for their own visa in order to work. Now, we can simply apply for a work authorization and your spouse can work wherever he or she likes and can even change jobs without problems.

THE COMPANY

The first consideration in this case is the status of the company. You must have worked for a branch, subsidiary or affiliate of the parent company for one year out of the past three. Affiliate is one of the latest changes to this L-1 Intracompnay Transferee visas and it refers to the fact that two companies can be owned by the same entitiy or person as long as there is a majority interest in each. For example. you own a real estate development firm in Canada and buy a 60% interest in a hotel here, then you may qualify. The company does not have to be a corporation on either end. We have dealt with companies as well as individuals who owned both companies.

THE THREE POSSIBLE JOB POSITIONS

The employee must come to the United States as either a Manager, Executive, or person with Specialized Knowledge. Each of these areas have tricks and traps and you will want to speak with a lawyer to make certain that you qualify before you open the foreign office. For example, if you are a first-line supervisor, you will be denied. An executive, for lack of a better term, is the brains behind the company. This person need not run the entire company; he or she may run a particular department, operation, or function. The manager, on the other hand will run the operation or parts of it. However, it cannot be lower-level management. Ideally, the executive will guide the operation and the manager will manage the execution of those tasks on a higher level.

TIME ALLOWED UNDER THE L-1 VISA AND NEW OFFICES

A Manager or Executive may remain for up to seven years, while a person with Specialized Knowledge may remain in the country for only five. If you are opening a new office in the U.S. you will typically be granted only one year at first and then will have to renew the case. In our experience, the first renewal is more difficult than a new L-1, so I urge you to make certain your case requirements are organized well before renewing that visa.

When you open a new office, the government will want to see proof that you will be real. They may want to see a number of items (we have a full list we provide our clients) such as proof of premises (purchase or lease), phones, office equipment and so on. You can not file a case based on a hypothetical by showing you have the money in the bank. The USCIS (Immigration Dept, or United States Citizenship and Immigration Services) wants to know you are serious and it makes sense.

OWNERSHIP AND GREEN CARD APPLICATIONS

Many of our clients are individuals and not companies. Here we have a small glitch. If the USCIS notes that you have an interest in the company, they may be concerned you intend to live here permanently. You will have to demonstrate that the need for your position is a temporary one. All nonimmigrant visas (they start with letters of the alphabet) are temporary and the USCIS has to believe you will leave at some time in the future. This is strange in a way because unlike an E Treaty Investor or Treaty Trader visa, the L-1 Intracompany transferee visa allows you not only to apply for a Green Card but you can remain here while you are waiting. Very few visas (H,E,L,O) allow you to do this. In fact, as the Manager or Executive of an international firm, you would be in the highest possible category of Green Cards (called EP-1 or EB-1). This is a much quicker Green Card than the standard work-related Card called the Labor Certification Green Card.

FOR LARGE EMPLOYERS

If you are a large company, there are special procedures available in order to bring in a large number of persons and you would obtain what is called a 'blanket' L-1. The company must have been in business for at least a year and have at least 3 branches, subsidiaries or affiliates. The second major requirement is that the company must have either had ten L-1 visas approved in the last year, have sales of at least $1,000,000 in the U.S., or have over 1,000 U.S. workers. A benefit of the blanket is that the employee need only have worked abroad for 6 months.

The area of Specialized Knowledge can likewise be a blessing or a curse.

L-1 INTRACOMPANY TRANSFEREE VISA: THE BASICS OF THE LAW

We will explain some of the basics of the L-1 Visa here and will do our best to make this complicated area easy for you. There is more information under "L-1 Visa Law" above and below. If you have any questions or don't understand something on the L-1 Intracompany Transferee visa, feel free to call us at the number above and a qualified immigration lawyer will be happy to answer your concerns.

First, you must be coming to the U.S. to work for the same company, its affiliate or subsidiary. You can only enter the U.S. to work in one of three categories: as a manger, executive, or person with specialized knowledge. You can make your initial entry as a B-1 Visitor for Business and then prepare a Change of Status while in the country. Many people use this system in order to enter and set up a business as it is impossible to do so from your home country. A B-1 allows you to enter for a temporary period and then set up your firm. You can file the Change of Status to that of an L-1 Intracompany Transferee in this country.

A B-1 does not allow you to work here so you may want to file your L-1 under the government's Premium Processing Service. With this service, you will receive a reply in two weeks' time. We are one of the quickest processing firms as we complete cases in an average of 10 business days, so you can potentially have your visa in a month. However, the government can respond with an RFE (Request For Evidence), wherein they ask you more questions. This will slow you down. In order to speed your case up, we include a free legal brief, also called a Memorandum of Law. In this Brief, we explain the employee, and the company in detail. We research laws, code sections and cases and apply them to the facts of your case like a custom-made suit so that any questions they ask are addressed. The document on its own carries a $5995 value, but we do not charge anything for it when you are a client. Your goals of speed and effectiveness are the same as ours.

FOR MORE INFORMATION ON THE LAW OF L-1s, PLEASE VISIT THIS PAGE