L1 visa indeed holds a unique power to bring you to the United States of America. By the power of this visa, you have the authority to work in the USA. Also, to travel in and out of the country legally. In that sense, many are eyeing to have this kind of visa.
But before you jump into deciding that you will use this type of visa, you need to consider many factors. First of all, it will be the company you are working for. And if this type of visa suits you. In addition, there is a lot of classification under this visa that you need to be aware of.
There is the L1-A, L1-B, New office petitions, and blanket petitions. As we all know, the L1-A refers to the managers and executives. In comparison, the L1-B is suited for those with specialized knowledge or skill. Now, read over this L1 visa guide to know the difference between the process of L1 new office petitions and L1 visas.
L1 Visa: An Overview
The L1 visa is a kind of visa for you to enter the United States of America under the company that you are working for. Your company must be large enough to be acknowledged as a multinational company.
But be mindful that the company you are only allowed to work with is stated in your L1 visa. Working at a different company may affect the status of your stay in the USA. In addition, you can bring over some dependents with you under this type of visa.
L1 Visa: The process
Here is a clear view of the chronological order of the process of the L1 visa
- Filing of I-129 or the Petition form Non-Immigrant Worker
You must complete the following documents.
- You must give proof that you have maintained a lawful status while in the USA.
- Proof that you have been in your position as manager or executive. It should be for a year in one of its branches or subsidiaries outside the USA.
- Provide the complete details of the proposed position you will hold in the USA.
- Evidence that you will hold a position to be a manager or executive in your proposed work.
- If you are going to process it under premium processing, you need to submit the I-907 form.
- Proof that your employer can pay your salary while in the USA.
L1 New Office Petition: The Process
In this section, the process will first start from knowing if the applicant is eligible to submit. For executives and managers, they should be able to secure the following documents:
- There is sufficient and ample and sufficient space to hold the new office
- They should be employed within a year in the three years before application submission.
- Who and what will execute the operation in the United States of America Office.
For specialized workers:
- Accurate and enough space to holp the new office
- The USA business is a parent, branch, affiliate, or subsidiary of the USA office.
- The employer must provide the employee’s salary to support his living while working in the United States of America office.
Documentation need for the L1 new office petition
Here are the documents required to qualify for the L1 new office petition.
Formation and Registration of the Company
This includes the business licenses and other documents that allow the new office to commence in the US. It should provide all the legal documents to avoid delays in the process.
Proof that the Physical area is already secured
The USCIS wanted to see if the office was large enough to host the operation of the business. They wanted to see the floorplans of the actual building where your offices are placed. In addition, you can include the letterhead of the office, business cards, and copies of utility bills in your documentation. This acts as proof that the office address is accurate. Photographs of the place from the inside and outside may also be required.
This proves that the business has an accurate ladder to step into. It will also show what the company will be doing if there are shortcomings along the first year of the office.
The number of staff reflects if the operation matches the workforce. You can submit the organizational chart of the company to support this.
Relationship between the foreign employer and the USA company
This proves that an actual relationship matches why they are sending foreign employees to the USA. This can be reflected in the organizational chart.
Viability proofs of the USA company
This is proved by showing the company’s taxes documents, bank statements, purchase orders, current contracts, accounts payable, and more.
Now that you have the differences between the L1 individual visa and the L1 new office petition, it will be easier to decide which suits you. In this sense, please read over the details and talk about them with your immigration lawyer. We hope that this has helped you a lot in your decision-making. If you have some suggestions based on your experiences, share them with us.