What Are the Eligibility Requirements of the L-1 Visa Program? Atlanta Business Immigration Lawyer Explains

The L-1 visa is available to employees of an international company that has an office in the United States. It allows a foreign worker to enter the United States and work at the company’s U.S. office after working abroad for at least one continuous year within the previous three years.

If you intend to petition for an L-1 visa, you will have to provide documentation to prove the following:

·       The U.S. company has a qualifying relationship with the entity abroad;

·       The foreign employee has worked abroad for the required amount of time; and

·       The foreign employee worked abroad in a qualifying capacity.

One minor oversight during the petitioning process could lead to a denial of your application or unnecessary delays. Charles Kuck is an immigration attorney in Atlanta who can answer your questions about the L-1 visa program and help you gather evidence to prove your eligibility. Call 404-816-8611 today to schedule a consultation at Kuck Immigration Partners.

Let’s examine a few of the eligibility criteria for obtaining an L-1 visa:

U.S. Company Has a Qualifying Relationship with the Entity Abroad

The U.S. office must be an affiliate, subsidiary, parent, or branch of the foreign entity, and both the foreign entity and the U.S. office must continue to share common control and ownership. Your attorney may use the following evidence prove these criteria:

·       Articles of incorporation;

·       Business licenses;

·       Annual reports that describe the corporate structure;

·       Contracts that detail the affiliate relationship;

·       Corporate filings that describe the corporate relationship;

·       Stock purchase agreements; and

·       Voting rights agreements.

This list is non-exhaustive. Your L-1 Visa attorney can help you identify other evidence to prove that the U.S. company has a qualifying relationship with the entity abroad.

The Foreign Employee Has Worked Abroad for the Required Amount of Time

In order to qualify for an L-1 visa, the foreign employee must have worked at the foreign entity for at least one continuous year within the previous three years. You can use the following evidence to prove this criterion:

·       Payroll records;

·       Paystubs;

·       Tax returns; or

·       Proof of work product.

The Foreign Employee Worked Abroad in a Qualifying Capacity

The foreign employee must demonstrate that he or she worked abroad in an executive, managerial, or specialized knowledge capacity. You can use the following evidence to prove this criterion:

·       Job descriptions related to your position;

·       Patents or other evidence of the company’s services, products, or technology that are based on your work;

·       Your résumé;

·       Organization charts that show your position;

·       Performance reviews; and

·       Loans or financing from the company.

If you are interested in petitioning for an L-1 visa, contact Kuck Immigration Partners. Charles Kuck is an immigration attorney in Atlanta who will help you navigate U.S. immigration laws and avoid crucial mistakes.

Call 404-816-8611 today to schedule a consultation. You can learn more about U.S. immigration laws by visiting www.immigration.net