L-1 Visa ( 주재원 )
Ask: Could an L-1 Visa work for you? Ask yourself the following questions to see if you might qualify:
- Are you amanager,executive,or a “specialized knowledge” employed by a foreign business entity?
- Have you been working abroad for at least one continuous year within the past 3 years?
- Is you company abroad related to the U.S. business you will establish? Will the foreign entity continue to do business?
Question for L-1 visa: Will you be coming to the United States to open a new office location for your company? Will the new office be active and operating shortly after you arrive in the United States as an L-1?
Requirement 1 – The petitioning U.S. entity must have a qualifying relationship with your entity abroad.
The new U.S. office must have a corporate relationship with your foreign entity abroad where you have been employed as a manager, executive, or worker with specialized knowledge. This means that the new U.S. office must be a parent, affiliate, subsidiary or branch of the foreign entity, and that both the U.S. office and the foreign entity must continue to share common ownership and control.
Requirement 2 – Sufficient physical space must be secured for a new office.
While the amount of physical space may vary depending on the nature of the business, an appropriate space must be secured through lease, purchase or other means.
Requirement 3 – A new office must be active and operating within one year after the L-1’s admission to the United States if requesting an extension of stay.
The “new office” L-1 visa is meant to facilitate a “ramp up” period for a new U.S. office of a foreign entity. This period is limited to one year. After that time, an extension of the L-1 visa is available if the new office meets this requirement. What makes an office active and operating will differ depending on the nature of the business. Typically it will involve factors such as hiring additional employees, fulfillment of contract orders, having a revenue stream, or holding inventory, if applicable
Requirement 4 – After 1 year the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A classification.
While a new office may be opened on an L-1 visa by someone working within your organization in a managerial, executive or specialized-knowledge capacity, after one year the office must be sufficiently active to support a manager or executive. During the first year ramp up, a manager or executive may be required, as a practical matter, to engage in many “hands-on” tasks that go beyond inherently managerial or executive tasks. After the first year, however, the manager or executive will be required to focus primarily on managerial or executive tasks in order to obtain an extension of the L-1 visa.
Once you have determined that the L-1 visa classification is the best pathway for you and you are ready to apply, you can find the full application process and legal requirements for an executive or manager and for a specialized-knowledge worker outlined on USCIS’s website.
Notes:
1) The spouses of L-1 nonimmigrants are authorized to engage in employment, upon application to USCIS and receipt of an employment authorization document (EAD).
2) When submitting evidence to USCIS, it is important to fully and clearly explain how the submitted evidence establishes eligibility for petition approval. The more clearly the petitioner can articulate his or her eligibility, the more efficiently and consistently USCIS can review and process the petition and determine eligibility for the benefit sought.
For a 10 minute free consultation, please call Law Office of Jack Park at 1-734-677-4200
Source: USCIS
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