OnlineVisas is an ancillary law-related services company of the Velie Law Firm. Unless the petitioning company is already established and well-known, it may be necessary to provide extensive documentation to prove that the requirements are being met. Executives who are sole owners of companies can still meet the requirements but must establish employee status. L-1-B visa is for specialized employees, who have essential specialist skills or knowledge. The next step is to file your Form I-129 as well as the L supplement.
No further extensions may be granted once these limits have been reached. In addition, the description of the applicant’s daily duties must demonstrate that the beneficiary manages the function rather than performs the duties related to the function. An employee who “primarily” performs the tasks necessary to produce a product or to provide services is not “primarily” employed in a managerial or executive capacity.
To qualify as an employer, the U.S. company seeking to petition on behalf of the L1 visa applicant must “have a qualifying relationship with a foreign company”, defined as parent company, branch, subsidiary, or affiliate. For starters, U.S. or international employers that wish to transfer employees into the United States must file an I-129 document and its corresponding “L” supplement with U.S. In addition, the employer must confirm and certify the employee’s relationship with the company and demonstrate the need for his or her services within the United States.
The company must file a petition for an international transfer on form I-129 with the USCIS. The service will review the documentation for both the Foreign Company, and the U.S. company as well as the proffered position. For L-1A visas these positions must be in an Executive, Managerial, or Essential Function to the organization. Petitions are usually approved in three year increments, with the exception of new office petitions. In this case the immigration petition would only be approved for one year. After the USCIS approves the petition, the L-1 worker/transferee must apply at the U.S.
This would require you to keep an eye on US visa bulletins to know when the priority date has become current. Some industry representatives have accused companies of utilizing the L-1 program to replace U.S. workers. Yes, you may move L-1 employees to different sites provided they remain under your management and control. No, there is no such requirement, but paying L-1 workers significantly below the prevailing wage or the wages of your U.S. resident staff is likely to result in the USCIS viewing your petition unfavorably. It could also result in investigations by the USCIS or Department of Labor. Under no account should you risk putting in jeopardy the issue of an L-1 visa by engaging in anything that might be construed as work.
Although adjudicators are supposed to decide cases purely on their merits, critics of the federal government complain that politics has crept into the L-1 visa decision-making process. The government defines the term as meaning that the applicant has to show that his or her claims are more likely true than not. It doesn’t mean that you have to remove all doubt from the adjudicator’s mind – you just have to convince him or her that your evidence is probably true.
l1b visa is pertinent that USCIS has the right to make unannounced site visits to employers of L-1 workers. The purpose of a site visit is to ensure that the employer is employing the L-1 worker in a manner that is consistent with the terms described in the visa petition, which of course, must be signed under the pains and penalties of perjury. The popular L-1 visa allows U.S. employers to transfer an Executive or Manager from one of their affiliated foreign offices to one of their offices in the United States.
The confirmation page will need to be brought to the visa interview at a U.S. Employers may file for L1 visas for individuals that worked full-time continuously for one year in the past three years before filing. The individual must have a managerial or executive position , or provide specialized skills or knowledge . I am thrilled to share that , We have just got our Permanent residence status under humanitarian and compassionate category. It was great experience to get professional service from visaplace. All team members very knowledgeable, hard worker, polite and professional.
We are so happy we found a great firm to continue working with in the future and can be sure of a great outcome and complete professionalism. The L1 and E2 visas are powerful options for investors and entrepreneurs. Both of these options allow someone to live and work in the United States. While the L1 visa and the E2 visa have many similarities, they are very different in many ways. If you are a citizen of Canada, you may apply for your L1 directly at a US port of entry. In addition to the other requirements to get an L1 visa, specified above.