L1-A Visa: Chapter 3 – Start Up or Existing US Branch *
Some latitude in duties is permitted during a start-up operation, but the beneficiary will be given only one year to satisfy the qualifying conditions. The initial L1 visa will be granted for one year.
Establishing a Management or Executive Position For the New Office
As mentioned above, when entering the US to start up a new branch it is important to submit documentary evidence in the petition to show that within the first 12 months an office will be set up that would support an L1 management or executive position. In other words, the office would have to be staffed by subordinates or hired contractors over whom the L1 beneficiary would manage.
Securing the US Office
Even though no visa would have been approved or even applied for at this stage, it is a requirement that the petitioner have already secured, typically, by way of lease, the physical premises needed for the new office. In these cases, it would certainly be wise to insert into the lease term that the petitioner be excused from the lease if the visa petition is subsequently denied.
Funding
The petitioner will have to demonstrate to the satisfaction of USCIS that the home country has sufficient capital to fund the new US office. Company accounts and a business plan will play an important role here.
After the First Year
Coming up to the end of the first year the petitioner will have to make a new filing for the beneficiary. This new application would not only have to re-satisfy all the original conditions for the L visa but also that the beneficiary would qualify for the period ahead.
- Evidence that the US and the foreign company are still related to each other.
- Evidence that the US branch has commenced trading.
- A statement of the beneficiary’s duties completed during the first year.
- A statement of the beneficiary’s proposed duties for the period of the extension (next two years).
- A statement of the staffing structure now in place. Positions filled.
- A statement of the likely future staffing structure. Positions to be filled.
- Proof of wages paid to-date to all staff mentioned.
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Trading accounts of US Company.
Select Your Chapters Here
Chapter 1 – Managers, Executives & Specialists
Chapter 2 - The One Year Within Last Three Rule
Chapter 3 – Start Up or Existing US Branch
Chapter 4 – Temporary Intent vs. Dual Intent Rule
Chapter 5 – Duration of L Visas
Chapter 6 – Petitions Denied, Revoked or With Drawn
Chapter 7 – Continuing to Business in Home Country
Chapter 8 – Parent, Branch, Subsidiary and Affiliate Companies
Chapter 9 – Employment vs. Source of Paycheck
Chapter 10- Full-time Part-time L1
Chapter 11 – Day to Day Managerial, Executive or Specialist Duties
Chapter 12 – Working While Awaiting Renewal of L Status
Chapter 13 – Spouse of L Visa Holder’s Right to Work
Chapter 14 – Summary
US Immigration Law Offices of Chris M. IngramUS Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Admitted in New York
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