Summary
This summary will basically run through the key requirements that I will, with your help, endeavor to satisfy. If we can satisfy each of these points fully there should be no problem getting your visa approved.
1. Defining the Management, Executive or Specialist Position:
a. We’ll need to draft a complete job description that satisfies one or more of these titles.
b. We’ll need to draw up organizational charts for both your home company and US company illustrating that you function in the hierarchical order in a senior position. In most cases you’ll need to have either other employee subordinates or subcontractor subordinates working under your direct supervision.
c. We’ll need to collate all education and training certificates to further evidence your function as senior operative.
d. Your C.V. / Résumé will also need to show your career progress.
e. Sample pay-slips or other financial proof of your senior position will be useful.
2. Satisfying the ‘One Year In Three’ Rule:
a. Your pay-slips will also enable us to prove that you can satisfy this rule.
3. Capitalizing and Setting Up the US Office
a. We’ll need alien company accounts showing sufficient profitability to fund the opening of a US branch.
b. We’ll also need proof that suitable offices, bank accounts funding and perhaps even office equipment have actually been secured in readiness for issuance of your L1 visa.
c. Your US Branch will need to be incorporated to establish as a legal entity to which the alien can transfer. The LLC is in most cases the best type of incorporated company.
d. We’ll also need to show how the US company will be a branch of the home company. For example, the names on any bank accounts opened should indicate ownership. Also, if the company has already been incorporated this will also serve as evidence in this regard.
My office will diligently guide you through the entire documentation production, in addition to preparing your entire visa application package. When the package is ready for signing you will be given the opportunity to review and revise your package in any way before final signature.
Once in the US, you can again retain my office to make any separate employment authorization application for your spouse if applicable to your case.
Bearing the above in mind I look forward to working on your case. May I take this opportunity to wish you the very best with this application and your future business endeavors.
Chris M. Ingram, ESQ
Attorney at Law
Business Expansion - L Nonimmigrant Visas
- L Nonimmigrant Visas - Business Expansion
- Business Immigration Preface
- Overview of a Management Position
- Overview of an Executive Position
- Overview of a Specialized Knowledgeable Specialist Position Section 214 (2) (B)
- Commentary on the Type of Employment to be Undertaken in the US
- The One Year Within The Three Prior Years Rule
- Blanket Petitions
- Start-Up New Office
- Establishing a Management or Executive Position For the New Office
- Securing the US Office
- Funding
- After The First Year
- The Temporary Intent vs. Dual Intent Rule
- Duration of L Visas
- Petitions Denied, Revoked or Withdrawn
- Continuing to do Business in the Home Country
- Parent, Branch, Subsidiary and Affiliate Companies
- Employment vs. Source of Paycheck
- Full-Time vs. Part-Time L Visa Beneficiaries
- Day-to-Day Managerial, Executive or Specialist Duties
- Working While Awaiting Renewal of L Status
- Spouse of L Visa Holder's Right to Work
- Summary