New Company L - 1 Visa

“NEW COMPANY” L-1 VISAS

The EB-1(c) Multinational Manager/Executive category is indeed a valuable option for foreign nationals who want to establish or invest in a new office in the United States. Here are some key points about this category:

1. Eligibility Criteria: To qualify, the applicant must have been employed for at least one year in the three years preceding the application in a managerial or executive capacity with the foreign company. The foreign company must also have a qualifying relationship with the U.S. entity (parent, subsidiary, affiliate, or branch).

2. New Office Requirement: When opening a new office, the applicant must show that the U.S. entity will support a managerial or executive position. This includes demonstrating plans for staffing and the ability to pay the new employee's salary.

3. Application Process: The process involves filing Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). If approved, the applicant can then apply for lawful permanent residence either through adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.).

4. Benefits: The EB-1(c) category has no labor certification requirement, which can expedite the process. Additionally, it is not subject to annual quotas, making it a faster route to obtaining a green card compared to other employment-based categories.

5. Investment Opportunities: This category is attractive for entrepreneurs looking to expand their business operations into the U.S., as it allows them to establish a legal presence and eventually apply for permanent residency.

If you’re considering this route, it’s advisable to consult with an immigration attorney to navigate the complexities of the application process and ensure that all eligibility requirements are met.

New Office L-1A Visa Requirements

For the EB-1(c) Multinational Manager / Executive category and the related L-1A petition for new offices very well. Here’s a more detailed breakdown of the points you've mentioned:

New Office Definition

• Timeframe: An organization operating in the U.S. for less than a year is classified as a new office. This status is significant for the EB-1(c) and L-1A petitions.

• Doing Business Requirement: The U.S. office must not only exist but also actively conduct business. Mere establishment without operations does not meet the requirements.

Employment History

• Foreign Employment: The beneficiary must have worked continuously for at least one year in a managerial or executive capacity with the foreign entity before applying.

Supporting Evidence for U.S. Office

To demonstrate that the U.S. office can support an executive or managerial position within one year, the petitioner must provide:

1. Proposed Nature of the Office:

   • Outline the scope and purpose of the U.S. entity.

   • Describe its organizational structure and financial goals, indicating how it aligns with the company's overall strategy.

2. Financial Considerations:

   • Investment Size: Detail the size of the investment being made in the U.S. office.

   • Financial Ability: Evidence that the foreign entity can pay the beneficiary’s salary and support the business operations, such as bank statements or financial reports.

3. Organizational Structure:

   • Provide information about the foreign entity’s structure, including the roles of key personnel and how the new office fits into this structure.

Business Plan

• Importance of a Business Plan: A comprehensive and reliable business plan is crucial. This should include:

  • Financial forecasts.

  • Staffing estimates.

  • Market analysis and operational strategy.

Duration of Initial Approval

• One-Year Approval: Initial L-1A petitions for new offices are typically granted for one year. During this time, the new office must demonstrate its ability to operate and support the designated executive or managerial role.

Extension Considerations

For extensions, USCIS assesses several factors, including:

• Number of employees.

• Growth in cash flow.

• Existence of significant customers and clientele.

Providing substantial evidence of these characteristics is essential for the success of extension requests.

Conclusion

Filing for an EB-1(c) or L-1A new office requires careful planning and thorough documentation to establish the legitimacy and operational capacity of the new office. Consulting with an immigration attorney or an expert in this area can enhance the chances of approval by ensuring compliance with all regulatory requirements.

L-1A Status to EB-1(c) Green Card

You’ve outlined the process for obtaining a Green Card through the EB-1(c) Multinational Manager/Executive category very clearly. Here’s a more detailed breakdown of the steps involved and important considerations:

Steps to Apply for an EB-1(c) Green Card

1. Eligibility Requirements:

   • The foreign national must have worked for the parent, branch, affiliate, or subsidiary of the U.S. corporation for at least one year within the three years preceding the petition.

   • The role must have been in a managerial or executive capacity outside the U.S.

2. L-1A Extension:

   • Before applying for the EB-1(c) Green Card, the U.S. corporation typically needs to secure a successful extension of the L-1A status. This extension demonstrates that the U.S. office is operational and can support an executive or managerial role.

3. Filing the I-140 Petition:

   • The U.S. company can submit Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national.

   • No Labor Certification Required: One significant advantage of the EB-1(c) category is that it does not require labor certification from the U.S. Department of Labor. This expedites the process since the U.S. company can file the I-140 petition without waiting for labor certification approval.

4. Supporting Documentation:

   • The I-140 petition must be accompanied by necessary documentation, including:

     • Evidence of the qualifying relationship between the U.S. entity and the foreign company.

     • Proof of the beneficiary’s employment history, detailing their managerial or executive roles.

     • Financial documentation demonstrating the ability of the U.S. entity to support the position.

5. Simultaneous Filing of I-485:

   • Depending on the foreign national's country of citizenship and the availability of visa numbers, the I-140 petition and the adjustment of status application (Form I-485) may be filed simultaneously. This is known as concurrent filing and can expedite the process of obtaining a Green Card.

6. Visa Availability:

   • For countries with high demand for U.S. immigrant visas (like India or China), there may be waiting times due to annual limits. It's essential to check the Visa Bulletin issued by the U.S. Department of State to determine current visa availability.

Conclusion

The EB-1(c) Multinational Manager/Executive preference category is an advantageous pathway for foreign nationals seeking permanent residency in the U.S. after establishing or expanding their business operations. The streamlined process, lack of labor certification, and potential for concurrent filing make it an attractive option for qualifying individuals and organizations. Consulting with an immigration attorney can provide tailored guidance and ensure compliance with all requirements throughout the process.

Would you like more information on the application process or specific requirements? Please contact us or send an email.