
In a recent interview with attorney Michelle Canero, recognized as one of the leading immigration experts in Miami, shared key details about the L-1 Visa process and how multinational companies can transfer key employees to the United States.
“The L-1 Visa is a vital tool for multinational companies looking to transfer key personnel to the U.S. to continue their work with the same company or a subsidiary. It allows employees with specialized knowledge, executives, or managers to expand their careers in the U.S.,” explained Michelle during the interview.
What is the L-1 Visa?
The L-1 Visa is a non-immigrant visa designed for employees of multinational companies who are being transferred to a U.S. office, subsidiary, or affiliate. This visa allows qualified workers to continue their employment with the same company in the U.S., whether as a manager, executive, or someone with specialized knowledge.
L-1 Visa Guide: Application Process
Filing the Application: The first step is for the U.S. company to submit a petition to the U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee. This includes providing proof of the relationship between the U.S. company and the foreign company, as well as documentation about the employee’s qualifications.
USCIS Review: Once the application is submitted, USCIS will review the documentation to determine if the company and employee meet the L-1 Visa requirements. This review can take several months, depending on the complexity of the case.
Approval and Visa Issuance: If the application is approved, the employee will be issued an L-1 Visa, allowing them to enter the U.S. and begin working for the U.S. entity. The L-1 Visa can be issued for up to 1 year for new companies or 3 years for existing companies, with the possibility of extensions.
Michelle emphasized that the process can be complex, and delays are common if the application is not properly prepared. “Having an immigration attorney is essential to avoid unnecessary delays and ensure the application is complete and accurate,” Michelle explained.
Who Qualifies for the L-1 Visa?
The L-1 Visa is available to employees of multinational companies who meet the following criteria:
Employee Role: The employee must be a manager, executive, or have specialized knowledge that is critical to the company’s operations.
Employment History: The employee must have worked for the foreign company for at least one year within the last three years before applying for the L-1 Visa.
Company Relationship: The U.S. company must have a qualifying relationship with the foreign company, such as a subsidiary, branch, or affiliate.
Main Requirements:
Be a manager, executive, or specialized knowledge worker.
Have worked for the foreign company for at least one year in the past three years.
The U.S. company must have a qualifying relationship with the foreign company.
Can I Work While My L-1 Visa Application Is Pending?
One of the most frequently asked questions is whether you can work while waiting for the approval of your L-1 Visa. According to the regulations, applicants who are already in the U.S. on a valid status may continue working for the company while their L-1 Visa application is pending, as long as they maintain valid status.
“It’s important to remember that while waiting for approval, the employee should not make any changes to their employment status or role without consulting an immigration attorney,” Michelle explained.
Common Mistakes in the L-1 Visa Process
Michelle also warned about the most common mistakes that can affect the success of an L-1 Visa application:
Incomplete Documentation: Failing to provide sufficient evidence of the company’s relationship or the employee’s qualifications can lead to delays or denials.
Incorrect Employee Classification: Not accurately classifying the employee as a manager, executive, or specialized knowledge worker can result in rejection.
Failure to Meet the One-Year Requirement: Some applicants mistakenly believe that time spent in other roles or with different companies counts toward the one-year requirement, which is not always the case.
“A mistake in the application not only delays the case but can also affect future immigration opportunities,” Michelle warned.
Conclusion
The L-1 Visa is an excellent option for multinational companies looking to transfer key employees to the U.S. However, the process requires careful attention to detail and an understanding of the requirements. Having an experienced immigration attorney can make all the difference in ensuring a smooth and timely process.
“The key to success in this process is working with an attorney who understands the complexities of the L-1 Visa and can guide you through each stage,” Michelle concluded.
For a comprehensive L-1 Visa Guide, and if you need help with your L-1 Visa application or have questions about your immigration status, Canero Fadul Reis Law is here to assist you.
Don’t hesitate to contact us for specialized legal advice.
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