L-1A Visa

Overcoming L1 Visa Cancellations: Strategies and Solutions

by

L1 visa cancellations can disrupt careers and business operations, especially for multinational employees transferring to the United States. Common reasons for L1 visa cancellations include failing to maintain status, company restructuring, termination of employment, or perceived violations of visa terms. If your L1 visa has been canceled or is at risk of cancellation, understanding your options and taking timely action is critical to protecting your immigration status and future plans.

One of the most common strategies after an L1 visa cancellation is exploring options to remain in the United States under a different visa category. If you meet the eligibility requirements, you may consider applying for an H1B visa (if available), an F1 student visa, or a dependent visa such as L2 if your spouse holds valid status. Transitioning to a new visa category often requires demonstrating eligibility and filing the appropriate petitions before falling out of status.

For individuals facing L1 visa cancellation due to issues with the sponsoring employer, it may be possible to challenge the cancellation. This could involve providing evidence that the company continues to meet the L1 program requirements, such as maintaining qualifying relationships between U.S. and foreign entities and supporting valid employment in an executive, managerial, or specialized knowledge role. In some cases, submitting additional documentation or appealing the decision can resolve the issue.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR indicates that the government is considering revoking your visa or an approved petition due to concerns such as misrepresentation, fraud, or failure to meet visa eligibility requirements. Similarly, if the State Department contacts you about a potential visa cancellation, it may relate to information discovered during visa adjudication, subsequent investigations, or third-party reports. In both cases, it is crucial to act quickly by reviewing the notice, understanding the allegations, and preparing a strong response. This often involves providing evidence to rebut the claims, addressing any misunderstandings, and demonstrating continued eligibility for the visa. Legal assistance is essential during this process to craft an effective response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

From L1B Visa to H1B Visa

by

I am currently on L1B visa and it expires in September 2012. I want to apply for H1B visa.

My qualifications:

Bachlors Degree: Computer Science

IT experience: 4 years. (in consulting)

Current Location: Los Angeles(CA)

Questions:

1. What are the chances of getting H1B visa?

2. How can your firm help me out in getting this visa?

3. Along with visa do you also provide job?

You are certainly qualified for an H1B visa. You will just need an employer to offer you a proper position and agree to sponsor you. We do assist in finding H1B sponsors as well as process the visa paperwork. There is a six year limit for people in H1B and L1 visa status so depending on how long you have been in L visa status, you may not be eligible for a full three year H1B. Please contact our office for more information.

Nonimmigrant Employment While EAD Application is Pending

by

Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company

L1 Visa Application Where the US Office is Unprofitable

by

I work for a company that has an office in Chicago — our main office is in Athens.  They want to transfer me to our Chicago office but I wonder if it will be possible!  The main company is profitable but the Chicago branch is losing money!  Will it be possible?

Profitability is certainly one factor to determine not only the personnel needs of the branch but also the company’s ability to pay your wages.  In many cases, foreign company’s with US branches will assign US based profits overseas to avoid taxes.  We must take into account the totality of the circumstances and look at other positive factors that will support your application.  We’ve handled many similar L1 visa applications and have been able to secure the visas.  It can be dealt with and approved.

Proving the Validity of a Common Law Marriage

by

My L1A visa application was just approved and I need to go to the US Embassy in London to get the visa stamp.  The issue for me is that my wife and I have a common law marriage so we don’t have a marriage license or certificate.  How do we show that we are married?

While immigration law does recognize common law marriages, I’m not sure how you would document that you qualify.  The easiest solution to your problem would be to go get a marriage certificate.  Then you can produce that at the interview.

L1 Visa Stamping Delays

by

My company filed an L1 visa application for me which was approved in September of 2009. I went to apply for the L1 visa stamp in Madrid but was told that they could not issue the visa due to an “internal administrative process.” What is an internal administrative process? Does this mean that they will not issue the visa? Can I go to another Consulate to apply?

We’ve seen this type of issue before and it has always been related to either an FBI name check issue or anti-fraud measure that required a site visit by a USCIS hired private investigator. I would not recommend applying for the visa stamp at another Consulate until this is resolved. In our experience, it typically takes 1-2 months to complete the review.

L1A New Office Petition

by

My brother and I have a company in Brazil. We have 12 employees and an annual turnover of about $500,000 USD. I want to come to open an office in the US using the L1 visa. Is this possible for a small company like ours?

While it certainly makes the case easier if your company were larger, the issue in your case would be how to show that your role in the US enterprise is managerial or executive in capacity. The number of employees in the foreign parent company or in the new US enterprise is not dispositive and we have handled many L1A new office applications where the L1 visa applicant will be the sole employee for the first year of operations.

Company Relationship Requirements for the L1 Visa

by

I have a B1 visa right now and I am in negotiations to purchase a US company. I have a company in Brazil that is looking to expand and found some opportunities here. What kind of visa can I get if I buy this company?

If you have worked for the Brazilian company for one year out of the last three in a managerial or executive position then you will be able to obtain an L1A visa. Many people believe that L1 visas are impossible in new acquisition scenarios but that is not the case. There is no time requirement for the relationship between the US company and the foreign company.

L-1B Visa

by

My company wants to transfer me to the US. My job title is software engineer. I read on your website that I can get L1 visa to transfer but I am not a manager. Is it possible?

You may qualify for an L1B visa provided that you worked for this company for one year of out the last three years and your job requires “specialized knowledge.” Specialized knowledge refers to:

  • knowledge of products, services, research, equipment, techniques, management, or other interests and its application in international markets, or
  • an advanced level of knowledge or expertise in the employer’s processes and procedures, such as the ability to train others or perform specialized knowledge services in areas such as software, service and repair of products, and improving manufacturing methods

Conversion from L-1B Visa to L-1A Visa

by

The California Service Center (CSC) has indicated a greater willingness to allow conversions from L-1B visa status to L-1A visa status recently.  Many L-1B visa holders would benefit greatly by this change because holding an L-1A visa status allows them to apply for permanent residence through the fast track EB-1C program which does not require labor certifcation/PERM.  The CSC has indicated that conversions from L-1B to L-1A must take place prior to the 4.5 year point of the 5 year maximum stay and extensions beyond 5 years will not be granted.  The policy decision to deny extensions to 7 years as allowed by the L-1A category deviates from prior statements from USCIS and is likely contrary to immigration law is unfortunate and is something we may attack through appeal, if necessary.