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L-1 Visas | San Diego Immigration Lawyers Law Offices of Jacob J. Sapochnick

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L-1 Visas | San Diego Immigration Lawyers Law Offices of Jacob J. Sapochnick Schedule a Consultation: 1.866.488.1554 Tap Here To Call Us San Diego Immigration Lawyers Law Offices of Jacob J. Sapochnick Home Contact San Ysidro, California Intracompany Transferee VisaShysterLaw Offices of Jacob J. Sapochnick Home Our Law Firm Legal Consultation Services Ask An Immigration Lawyer Processing Times Resources Blogs Contact Us Schedule a Consultation 866.488.1554 619.819.9204 Home Services Work Visas L-1 Visas L-1 Visas Intracompany Transferee (L-1) VisaThe L-1A category is a non-immigrant visa nomenclature meant for aliens coming to work in the United States in an executive or managerial topics on an work of a temporary nature for a U.S. subsidiary or parent visitor of the foreign employer. There are two subdivisions of the L-1 category: 1) L-1A Intracompany Transferee Executive or Manager and 2) L-1B Intracompany Transferee Specialized Knowledge. The L-1A visa nomenclature allows a foreign visitor to transfer an executive or manager to the U.S. subsidiary or parent company. If an united U.S. subsidiary or parent visitor does not yet exist, the L-1A nomenclature allows the foreign visitor to send the executive or manager to the United States for the purpose of establishing the united subsidiary or parent company. Both the L-1A and L-1B require the payee to have worked upalong for the foreign employer for at least one year within the proceeding three years. If the wayfarer is not employed in an executive or managerial capacity, the L-1B visa nomenclature comes into play. In order for the wayfarer to be eligible, the petitioner must demonstrate that though the wayfarer is not employed in an executive or managerial topics with the company, the wayfarer possesses specialized knowledge and can represent the organization’s interests (L-1B). There is no yearly limit on the number of L-1 visas issued.What is a parent company?A parent visitor is typically one that exhibits tenancy over one or increasingly smaller subsidiary companies. Parent companies are typically larger, and may own stock in the smaller visitor (-ies) controlled.What constitutes employment in an executive capacity?An employee is often employed in an executive topics if their duties involve considerable visualization making on a wide range of issues and the independence to make those decisions with little supervision.USCIS defines executive topics as follows under section 101(a)(44)(B) of the Immigration and Nationality Act:The term "executive capacity" ways an work within an organization in which the employee primarily-(i) directs the management of the organization or a major component or function of the organization;(ii) establishes the goals and policies of the organization, component, or function;(iii) exercises wide latitude in discretionary decision-making; and(iv) receives only unstipulated supervision or direction from higher level executives, the workbench of directors, or stockholders of the organization.(C) If staffing levels are used as a factor in determining whether an individual is vicarial in a managerial or executive capacity, the AttorneyUnstipulatedshall take into worth the reasonable needs of the organization, component, or function in light of the overall purpose and stage of minutiae of the organization, component, or function. An individual shall not be considered to be vicarial in a managerial or executive topics (as previously defined) merely on the understructure of the number of employees that the individual supervises or has supervised or directs or has directed.What constitutes employment in a managerial capacity?An employee is often employed in a managerial topics if their duties involve the supervision, tenancy of the work to be performed by other professional personnel, and the management of an essential function of the organization or a subdivision of the visitor or organization.USCIS defines managerial topics as follows under section 101(a)(44)(A) of the Immigration and Nationality Act.The term "managerial capacity" ways an work within an organization in which the employee primarily-(i) manages the organization, or a department, subdivision, function, or component of the organization;(ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;(iii) if flipside employee or other employees are directly supervised, has the validity to rent and fire or recommend those as well as other personnel deportment (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and(iv) exercises discretion over the day- to-day operations of the worriedness or function for which the employee has authority. A first-line supervisor is not considered to be vicarial in a managerial topics merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.For Answers to Your Personal QuestionsContact a U.S. Immigration Law Expert TodayRequirementsAn L-1 transferee cannot file a petition on their own behalf. In order to file for an L-1 visa, the U.S. subsidiary/parent visitor or the foreign employer seeking to transfer the qualifying employee must file USCIS Form I-129 Petition for a Non-immigrant Worker with the L supplement withal with documents in support of the petition.The U.S. subsidiary/parent visitor must demonstrate that a qualifying relationship exists with the foreign company/qualified organization. Qualifying organizations include a parent company, branch, subsidiary, or affiliate.The foreign company/qualified organization must either currently be doing viable merchantry or demonstrate that they will self-mastery viable merchantry in the United States and at least one other country through a qualifying organization for the elapsing of the beneficiary’s stay in the L-1 visa classification.What does 'doing business' mean?A qualifying organization is engaging in merchantry if there is regular, systemic, and continuous provision of goods and/or services. The qualifying organization and/or U.S. subsidiary must establish that the transferee will be coming to the United States to engage in merchantry activities as outlined above.Supporting Documents for L-1 VisaThe pursuit is a list of some documents that should be included in the L-1 petition. The list is not all inclusive and specific details pertaining to your using should be discussed with a licensed shyster in detail. Additional documents may be necessary depending on the specific case. The list includes but is not limited to the pursuit items:Biographical Documents of Beneficiary:Copy of Passport I.D. Page;Copy of U.S. Visa I.D. Page (if applicable);Copy of I-94 Arrival/Departure Record (if applicable);Employment Verification Letter;Payroll Summary for the past year;Payroll Stubs/ Earnings Statements –for the last year;Resume;Documents from Foreign Company/Qualifying OrganizationDocumentation establishing that the payee has worked in the foreign visitor for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or was employed in a position involving specialized knowledge and that the payee is coming to the U.S. to work in an executive, managerial, or a specialized knowledge position;Documentation regarding the beneficiary’s position held at the foreign unite – e.g. position description; work product; projects completed, etc.;Company statement describing the proposed position explaining the specialized knowledge required, current and future visitor projects;Letter from CEO/company official explaining how the individual with specialized knowledge is integral to visitor operations;Copies of wares of incorporation or equivalent;Copy of document of Registration or equivalentCopy of workbench passport (startup organizations);Company list of shareholders;Copy of company’s most recent federal income tax return;Copy of visitor lease for merchantry premises;Copies of telephone bills and yellow page directory listing, including directions for merchantry premises;Copies of profit & loss statements;Copy of wastefulness sheet;Copies of visitor wall statements-for the past year;Copy of visitor brochures, marketing material, website print outs;Color photographs of merchantry premises (interior and exterior);Company organizational orchestration (including employee names and their job titles);Company list of employees, with job titles and a unenduring job unravelment of each position;Evidence of establishment of a U.S. subsidiary or parent visitor (if one does not yet exist);Documents from U.S. Subsidiary/Parent CompanyCompany statement including a job unravelment and requirements for the beneficiary's position. If the payee will be applying for the L-1B visa classification, the statement should include a unravelment of the specialized knowledge they possess integral to the company’s operations to do merchantry in the United States;Note: If a U.S. subsidiary or parent visitor of the qualifying organization does not yet exist, the qualifying organization must write this statement and explain the extent of which the employee will be engaging in doing merchantry for the establishment of an unite U.S. Company.Copies of wares of incorporation;Copy of organizational minutes;Copy of IRS Letter for EIN issuance;Copy of visitor stock ledger;Copies of issued stock certificates;Copies of wall statements-past year;Copy of merchantry license;Copy of seller’s permit;Employee organizational chartCopy of commercial lease for merchantry premise (square footage and floor plan)Copies of telephone bills and yellow page directory listing;Color photographs of merchantry premises (interior and exterior);Business plan;Documents from U.S. Subsidiary/Parent CompanyCompany statement including a job unravelment and requirements for the employee's position. If the payee will be applying for the L-1B visa classification, the statement should include a unravelment of the specialized knowledge they possess integral to the company’s operations to do merchantry in the United States;Note: If a U.S. subsidiary or parent visitor of the qualifying organization does not yet exist, the qualifying organization must write this statement and explain the extent of which the employee will be engaging in doing merchantry for the establishment of an unite U.S. Company.Copies of wares of incorporation;Copy of organizational minutes;Copy of IRS Letter for EIN issuance;Copy of visitor stock ledger;Copies of issued stock certificates;Copies of wall statements-past year;Copy of merchantry license;Copy of seller’s permit;Employee organizational chartCopy of commercial lease for merchantry premise (square footage and floor plan)Copies of telephone bills and yellow page directory listing;Color photographs of merchantry premises (interior and exterior);Business plan;Stay and ExtensionsThe initial period of clearance unliable for L-1 category is a maximum of three years. Extensions of stay can be unromantic for a total period of up to seven years for managers and executives and a total of five years for specialized knowledge employees. In order to file for an extension, the employer should re-file USCIS Form I-129 Petition for Non-immigrant Worker withal with L supplement. Supporting documentation is normally not required for extensions.DependentsThe family members of L-1 aliens can come to the U.S. under the L-2 category. However, they cannot engage in employment in the United States unless they transpiration their status to a non-immigrant category for which employment is allowed.Frequently Asked Questions well-nigh L-1 Visa Contact Us Schedule a Consultation 866.488.1554 Name (Required) Email (Required) Phone (Required) Message Enter text from the Image Above: Please enter the text from the image on the left. 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Submit 1502 6th Ave San Diego, CA 92101 Phone: 619.819.9204 Fax: 619.393.0467 We serve the pursuit localities but not limited to: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim. Home Speaking Engagements Privacy Policy Disclaimer Site Map Contact Us L-1 Visas | San Diego Immigration Lawyers Law Offices of Jacob J. Sapochnick Copyright © 2018, Law Offices of Jacob J. Sapochnick Justia Law Firm Website Design