Visa for Executives, Managers and Professionals with Specialized Knowledge
As in investor visas, the L-1 (A and B) requires an immigration business plan. The plan is considered the backbone of the visa application. All L-1 visa business plans have to be focused on what Immigration officers look for when processing L-1 applications.
In the following article I will show you the key points that must be shown in a immigration business plan when applying for an L-1 visa. Likewise, I will dive into other basic concepts you should know.
What is an L-1 Visa?
There are two L-1 visa types: A and B. According to the United States Citizenship and Immigration Services:
“The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.”
This visa is widely used by business owners who hold executive or managerial positions in their foreign headquarters and wish to open a subsidiary in the US. With this, they can move in with their families and eventually become permanent residents.
About the L-1B visa, US Immigration states:
“The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.”
Keep in mind that the employee must be a professional with specialized knowledge required in the US company.
In both cases, L-1A & L-1B, the American company must provide a detailed immigration business plan showing financials, business and marketing strategies, employees, market research, among others.
L-1 Visa General Qualifications
To qualify for L-1, the employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Executive Capacity
The L-1A visa requires that the person being transferred to the US must be an Executive or Manager. According to Immigration:
“Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.“
Specialized Knowledge
The L-1B visa requires that the person being transferred possess specialized knowledge. According to the Immigration Department:
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.
Permanent Residence or “Green Card”
This is a very attractive visa to many, because it eventually allows its holders to apply for permanent residence. Likewise, the company must meet certain requirements that your lawyer will explain in detail according to your particular case.
L-1 Visa Business Plans
The business plan is the most effective way to show immigration officials the details about the business. Likewise, the plan must show the relationship between the company in the US and the one outside the country. Additionally, it must also show the need for the personnel that is intended to be transferred. Finally, it will also show that the company in the US It will generate enough money to pay salaries.
Transferee Executive or Manager
Employees, their positions, their duties, responsibilities and tasks should be detailed in the visa business plan. If an executive or manager is transferred, the plan must show that there will be other professionals, executives or managers under his supervision. A very common error in applications for this visa is to try to transfer executives and managers who do not have qualified personnel under him, which does not justify his transfer.
Transferee Specialized Knowledge
In the case of specialized personnel, the business plan must show why that position requires a profile like the one being transferred. Additionally, the plan will show that this role must be filled by someone with particular knowledge and/or abilities. Otherwise, we would not be justifying the transfer of the specialized professional.
Conclusions
The L-1 visa is one of the most attractive non-immigrant ways available in the United States. This visa allows the petitioner to eventually apply to permanent residence.
This visa allows the spouse and children under 21 years of age of the petitioner to apply for an L-2 visa. The advantage of this visa is that the spouse can obtain a work permit.
It is very important to have a detailed L-1 visa business plan when submitting this visa application. Our vast experience in business plans for immigration makes us market leaders in the United Estates.
If you wish to speak with us, do not hesitate to contact us.