| L-1 Visa Why It Makes Sense to Seek an L-1 Visa |
Sometimes, more than one category of visas for entry to the USA are available to a
single candidate.
In the current immigration climate, however, it makes more sense than ever to
seek entry as an L-1 worker, especially as an executive/manager, whenever the
requirements are met.
Consider the following: numerous clients approach our immigration law firm
seeking assistance to start-up U.S. operations for foreign companies already
established abroad. They are initally drawn to the E-2 visa category, apparently the
natural fit where the investment is "substantial" and "nonmarginal" from an
U.S.immigration point of view.
However, when one considers the procedural hurdles involved, the difficulties of
obtaining issuance of an E-2 visa can be daunting: the uncertainty of outcome
given the absence of bright-line tests for the required"substantiality" of the
investment; the prolonged adjudication times; the unfettered discretion granted to
the U.S. Consulate abroad to issue the visa, even when prior approval for a change
of status was obtained from USCIS.
Compare this with the possibility of requesting premium processing for an L-1
visa application, thereby virtually ensuring a response within 15 days, the absence
of de novo review by the U.S. Consulate at the time of visa stamping, the easier
documentation requirement to show the company existence, nexus, and the
one-in-three years previous employment abroad compared to the documentation
needed to substantiate an E-2 investment.
L-1 visas are particularly indicated in cases where a parent-subsiduary relationship
exists, but can be obtained for many other type of affiliated companies, including
subsidiaries of a common holding company or companies under common
ownership of control. They can be obtained not only for executives or managers
but also for "specialized knowledge" workers.
In these situations, we invite our clients to re-examine their immigration strategy,
sometimes advising as to the appropriate corporate changes needed to meet the
requirements for L-1 visa classification. Sometimes we even advise to hire an
executive/manager with no preexisting relationship with the company and then
wait 12 months to apply for L-1 status and transfer to the U.S.. While this
approach is counterintuitive, it can take more time and much more uncertainty to
seek an E-2 visa or H-1B visa or another appropriate visa classification.
Since it is results that the client seeks, we strive to deliver results in our
professional relationships. In order to achieve this, we need to be flexible, focused,
and open-minded. We are not immigration lawyers with a cookie-cutter
approach.We do not treat clients like numbers, or percentages. We deal with each
client indidually, listen carefully, and give our best, unbiased advice.
As an immigration attormey, it is Mr. Scagliarini's desire to exceed clients'
expectation, deliver results, and conduct business in a highly ethical way. If you
are interested in exploring the possibility of a professional relationship with us,
please do not hesitate to contact us to see if we can assist you in your immigration
and U.S. visa issuance needs.
Law Offices of Giuseppe Scagliarini
| Giuseppe Scagliarini, Esq. 37 Harrison Avenue Newport, RI 02840 Phone: +401-849-1220 Fax +401-633-7055 E-Mail: info@scagliarinilaw.com |
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| Law Offices of Giuseppe Scagliarini Immigration Lawyers - Immigration Attorneys - International Business Attorneys Boston, MA - Providence, RI - Newport, RI |