Performance reviews or appraisals done by the L1B visa worker for subordinate employees should also be provided. A detailed business plan of the new U.S. office must be provided and it should include growth timelines, hiring plans, financial targets, market analysis, and business strategies. Other documents that show the amount of investment put into the new U.S. office, the secured physical premises of the office, the products or services of the business, and the planned staffing structure should also be provided. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.© 2023 All Rights Reserved.
To determine whether a qualified relationship exists between the U.S. sponsoring employer and the overseas employer, the amount of ownership and control between the two employers will be looked at. Ownership is the right to possess the assets of a legal entity with absolute power and control. Control is the right to direct the management, establishment, and operations of a legal entity. Licensing relationships or franchises are generally not qualified corporate relationships under the L1B visa petitions. The skilled business immigration lawyers at Maiona Ward work diligently on behalf of clients in Boston and the surrounding communities.
The L-1 visa is primarily used to assist multinational companies that experienced difficulties in bringing to the United States critical personnel temporarily from abroad. The individual must be coming to the United States to provide services to the same employer or a branch office, subsidiary or affiliate. For this reason, L-1 visa holders are known as intracompany transferees.
An L-1B petition must be filed by a U.S. sponsoring employer on behalf of an individual. l1b vs l1a must have been working for the organization abroad for one continuous year within the three years preceding admission. The initial duration of the L-1B employee’s stay can range from several months to 3 years depending on the employee’s country of origin. In some circumstances, the L-1B visa can be renewed for up to two years, making for a maximum stay of 5 years including renewals. Simply being “familiar” with the company’s special processes or unique products is generally not enough to qualify as having specialized knowledge.
The employer has secured sufficient physical premises to house the new office. Doing business means the regular, systematic, and continuous provision of goods and/or services. Have been working for the qualifying company overseas for one continuous year within the three years immediately preceding admission to the United States. Annual sales of twenty-five million in the U.S., a work-force of at least one thousand, or have received approval of at least ten individual L petitions in the previous 12 months. It’s important to note that the foreign national needs to only meet one of these standards. The Beneficiary must either have special knowledge OR advanced knowledge.
L-1 visa holders may begin the green card process immediately. This means that an L-1 visa holder doesn’t give up their L-1 status while applying for permanent residency. Seeking to enter the United States to render services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations. Similar to H-1B visa holders, the L1 visa and O1 visa holders are no longer considered to be maintaining valid status as of the day the employment has been terminated.