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L1 Visas and US Company Registration

By Ben Hart

Republish: EasyPublish™ Published: 29Sep2010 Word count: 430 Viewed: 573 time(s) Get Free Content For Your Site

The following article discusses the United States visa classified as L-1 and how the US visa process can be impacted by the strategies employed when incorporating an American company.

The L1 visa was designed to provide a means for intra-company transfers within multi-national organizations. For example, the President of an offshore division of an American company could utilize the L1 visa when transferring to the company's home office in the United States.

There are two subcategories of the main L1 visa category that should be examined when discussing this visa. The L1A visa was designed for executives and management transferees who wish to take up employment within the same corporation, but in the United States. The L1B was designed for highly skilled technicians and other essential technical personnel who must be transferred to an American position in order to provide necessary technical expertise.

The incorporation of an American company is comparatively easy when one looks at jurisdictions outside of the USA. That said, the ease with which an LLC can be incorporated has lead many to the mistaken belief that L1 visas can be easily obtained once an American company is formed. In reality, tnothing could be further from the truth. The L1 visa petition is carefully scrutinized by adjudicators at the United States Citizenship and Immigration Service (USCIS). In their adjudication, USCIS must make a determination as to the bona fide nature of the business enterprise. A US company should not be setup as a pretext for seeking visa benefits. In fact, taking such action could be viewed as an attempt to defraud the US government. That said, those individuals and business entities with a genuine business operation which requires skilled worker from abroad can apply for an L1 visa.

Adjudication of L1 visa applications at US Embassies and US Consulates abroad is routine. However, those seeking an L1 visa are well advised to retain competent legal counsel in order to ensure the compiling of a well-founded petition or application. In many cases, an American Immigration attorney can prove advantageous for companies and individuals seeking visa benefits under the L1 category.

Companies and individuals interested in retaining an American Immigration attorney should remember to ask for the credentials of those who claim to be able to assist with the US visa process. Only an American attorney is allowed to charge fees for services rendered in connection with a US visa application. Always ask a purported attorney for a copy of their license to practice law or their membership card in a State or Federal Bar Association.

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