Michigan E and L Visas Lawyer
Visas for Intra-Company Transfers (L Visas) & Treaty Trader/Investor (E Visas)
At the law office of Richard W. Pierce, P.C., we have worked with individuals and businesses throughout the United States since 1982. We understand the steps businesses must take to advance their businesses, and we work with them to make that happen.
L visas are used when a company wants to transfer an employee from its office in another country to an office in the United States. In order to qualify for a visa, there are certain qualifications the company must meet regarding the relationship between the two companies and the capacity in which the individual will be working.
The U.S. company must be a subsidiary, parent or affiliate (or branch office) of the foreign employer for which the intending employee has worked for at least one year outside the U.S. He or she must have served in an executive, managerial or specialized knowledge job for one year and be coming to fill one of those roles (though not necessarily the exact same) in the U.S. Those who will hold executive or managerial roles receive L-1A status; those in specialized knowledge are given L-1B status. Spouses or either L-1A or L-1B employees may apply for authorization to work in the U.S. after arrival.
There are two different types of E visas; both require a proper treaty between the United States and a foreign country. An E-1 is for a Treaty Trader and is for organizations which meet certain criteria regarding ownership and the amount of trade between the foreign country and the United States. An E-2 is for foreign nationals (companies or individuals) who are making investments in the United States that meet tests regarding the amount of investment. Persons who seek either an E-1 or E-2 visa must be coming in a managerial/supervisory or essential skills category, but there is no absolute requirement of previous employment, although that may be an issue in some cases. Spouses of E-1 or E-2 employees may apply for work authorization in the U.S. after arrival.
Because employers are responsible for proving they meet the appropriate qualifications, it is important to work with an experienced Michigan E and L visas attorney. There are similar ownership and control qualifications for the E and L categories.
Proving Eligibility for Employment Visas
When we work with an employer, one of the first things we do is work to prove they meet the qualifications. We work with the business to prove there is an established relationship between the U.S. entity and the foreign employer. We also work to prove that the jobs for which they are requesting employees qualify.
Since the implementation of what is referred to as the Neufeld Memo in January 2010, it has become much harder to qualify for L1 and H1 visas. People who are at the management level must prove they actually perform at a management or executive level. With start-up companies, employers are responsible for providing detailed business plans. Although we are not financial planners, we have a good idea of what information needs to be addressed in a business plan to increase the chances of approval.
Contact an Experienced Ann Arbor Investor Visas Lawyer
When you are organizing an intra-company transfer, having the correct documentation properly prepared can make the difference between the approval and denial of your visa applications. We can help make sure you have information you need to continue operating your business successfully. Learn more about the representation we offer by contacting us online or calling 734-707-9396to schedule your initial consultation.