The U.S. Citizenship and Immigration Services governs whether a foreigner may live or work in the United States and for how long. This department is responsible for issuing visas to eligible foreigners matching specific criteria to live or work in the country. The L-series visa is considered to be a powerful temporary visa as it allows residency and work for a longer period of time than standard.
The L-1A visa is most commonly used for a company that seeks to transfer a manager or executive to another business. A company in the United States may transfer an executive currently working for a foreign office and allow them to reside and work in the United States. Much like the L1B and H1B visas, it is required to fil an I-129 petition along with the L1A visa application. Both applications must be filed with U.S. Citizen and Immigration Services. To learn more about the criteria, be sure to read our informational materials on L-1A Visa Requirements for more information.
The L-1B is another type of intra-company transfer visa in a similar vein to the L-1A visa you may apply for. However, this visa differs in that it is used for an individual who has knowledge regarding a specialty in a certain industry. This will vary depending on the industry and is dependent on the company. As such, a petitioner seeking to get the L-1B visa will need to prove that he or she does have specialized education in a certain area that demands it. To learn more about the criteria, review our information on L-1B Visa Requirements.
In these situations, “doing business” refers to the typical systematic, regular and ongoing provision of services and/or goods by an organization that qualifies, as well as including more than just the presence of the office or anagent of the organization abroad and stateside. In other words, it is not appropriate for a small business owner to petition for an L-1 visa in order to transfer his or her self to the United States; in this situation, the owner would essentially shut down the foreign business, which cannot function if the owner is going to go to The United States.
For example, if one owns a fast food joint in another country, it is not possible to shut down that joint and move to The United States to begin a new one using an L-1 visa. The business needs to capable, though international trade isn’t required, meaning the company may produce services stateside that are used only in the country.
Evidence of “Doing Business”
In order to establish evidence that the organization will be conducting regular business, it is important to provide a certain amount of paperwork. To start, one will need to obtain a certified copy of the most recent IRS Form 1120 for the company; this is its tax return, along with all of its schedules and attachments.
Import and export firms may require additional customs forms that the company regularly uses in the day to day operations. In addition to this, the following forms are needed:
- Form 7525V (Shipper’s Export Declaration)
- Form 7501 (Entry Summary)
- Form 301 (Customs Bond)
- Any other forms which would be used in everyday business for importing and exporting, such as shipping insurance policies, bills of lading, invoices, shipping manifests, general business correspondence, wire transfer advisement, inspection certifications, sales contracts, letters of credit and any others.
All forms included in the application must have the identification number of the importer.
Consultations Are Available
Pursuing an L1A or an L1B visa is a serious investment. The immigration attorneys at Pride Immigration Law Firm PLLC have extensive experience managing all aspects of an L visa case. We offer consultations because we believe that understanding your circumstances is essential when making an important decision.Call our offices today or send our immigration attorneys a message online to schedule your consultation today.
Beeraj Patel, Esq.
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