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L-1 VISA

L-1a Visa

This visa category allows successful entrepreneurs or managers of businesses in foreign countries to open and expand their business in the United States with an intention to create wealth in the United States. The key parts to acquire this visa are that the person must be in a managerial role in the foreign entity; the entity must be a profitable one in the foreign country and must be a medium to large sized entity.

The USCIS has no specific guidelines to define managerial role. Hence there is broad discretion and each case is decided on its merits. Managerial role generally would mean that the person is either the owner taking active part in the company's operations or someone who has been with the Company in an important executive position for at least 1 full year in the 3 years prior to filing of such application. Such person must demonstrate that he has financial and operational authority in the current foreign and will continue to have it in the entity established in the United States. It is also preferable to show that the person applying has played a key role and often signs on Company's financial dealings and is authorized to make decisions on an important area of company's operations.

The USCIS does not have any guidelines as to what is considered to be a successful foreign business. Generally, The USCIS looks at the overall economy on the geographic area one is applying from and decides what is considered successful in that area. For instance, a foreign business entity with revenue of approximately $ 1 million with 10 – 15 employees is considered a successful foreign business.

Such visa is generally granted for a period of 7 years with an initial approval of no more than 4 years and an extension of no more than 3 years. However, it is considered to be a dual intent visa which means you are automatically eligible to apply for a Green Card in the due course of time upon securing such visa.

Spouse and children under the age of 21 get dependent visas for the same period as the applicant. Spouse is granted a work permit to secure employment in the United States.

If you feel you are interested in knowing more or applying for this category of visa please contact our office at 727-807-3385. We can help you get up and running in a smooth and timely manner. We can help you create the U.S. entity with all the required licenses and agreements, find an office space and review its lease, and of course application and securing for the L-1a visa and dependent visa for your family.

L-1b Visa

This category of visa is for people with unique knowledge, skills, or talent which is essential for operations of the business or a particular project the business has undertaken. Such employees of the enmity located in the foreign country are given an L-1b visa to come and work in the US branch or sister concern of the foreign entity. While their stay in the United States such employees are expected to train US employees with such skills to facilitate the entity to function efficiently upon such employee's return.

This visa is granted for a total span of no more than 5 years with an initial authorization of no more than 3 years and an extension of no more than 2 years. However, it is considered to be a dual intent visa which means you are automatically eligible to apply for a Green Card in the due course of time upon securing such visa.

Spouse and children under the age of 21 get dependent visas for the same period as the applicant. Spouse is granted a work permit to secure employment in the United States.

 
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