L-1 Visas

News & Analysis as of

US Visa Options for Foreign Entrepreneurs

The U.S. Census Bureau estimates that about 400,000 new businesses are started annually in the United States. If you’re a foreign citizen who is interested in launching a new business in the United States, a corporate...more

Immigration Law for Startups: Prime Visa Options

This is the second in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

The New L-1B Adjudications Policy, Effective August 31

The recently issued U.S. Citizenship and Immigration Services (USCIS) final policy memorandum on L-1B visas clarifies the requirements for a sponsoring multinational organization transferring international personnel to the...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

Didn’t Make the H-1B Cut? Here are Some Alternatives

As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption for...more

Record Number of H-1B Applications Emphasizes Importance of Considering Alternatives for Applicants Not Selected in Lottery

USCIS has announced that it received nearly 233,000 H-1B applications during the first week of April, nearly three times the available quota. This means that nearly two-thirds of all applications submitted to the agency will...more

USCIS 2014 Ombudsman Annual Report Confirms Increased Scrutiny for L-1 Intracompany Transferrees

On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) released its 2014 Ombudsman Annual Report. The Ombudsman Annual Report confirms what employers and immigration attorneys have been experiencing for the past...more

Iowa Immigration Law Blog: L-1 Visa Inspections Have Begun

The Fraud Detection and National Security (FDNS) unit of USCIS has begun inspecting L-1 visa holders as planned. FDNS has inspected (and likely is continuing to inspect) H-1B holders for several years. L-1s are the latest...more

Federal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews

USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits...more

USCIS Holds Stakeholder Call on L-1A Site Visits

On April 24, 2014, U.S. Citizenship and Immigration Services (USCIS) held a teleconference regarding the implementation of L-1A site visits for intra-company transferee managers and executives. As we reported, earlier this...more

Surprise Site Visits for L-1 Employers Expected

Fraud Detection and National Security (FDNS), a faction of U.S. Citizenship and Immigration Services (USCIS), confirmed recently in a stakeholder teleconference that the FDNS plans to start making surprise visits to employers...more

USCIS Delivers On Its Promise To Conduct L-1 Employer Site Visits

In the August/September 2013 issue of the Immigration eAuthority, we reported on the U.S. Citizenship and Immigration Services’ (USCIS) plans to have its Fraud Detection and National Security (FDNS) unit conduct...more

How Employers Can Deal with USCIS’s Expanded L-1 Site Visit Program

The L work visa category allows multinational companies to transfer overseas employees to the United States. These employees may be transferred to the United States on an L work visa if the employee has been employed outside...more

Computer Consulting and Outsourcing Firms Likely to be Targets of I-9 Audits

In light of the recent $34 million settlement between Infosys Limited, an international business and computer consulting company, and U.S. Immigration and Customs Enforcement (ICE) for I-9 and other immigration violations,...more

U.S. Immigration Appeals Office Reverses Denial of L-1B Specialized Knowledge Employment Petition for Marketing Specialist

The L-1 visa is for employees of multinational corporations who wish to come to the U.S. to work for a U.S. parent, branch, or subsidiary corporation. In order to obtain an L-1 visa, you must either be coming to the U.S. in...more

USCIS Site Visits – Expanding to L-1 Petitioners

The United States Citizenship and Immigration Service (USCIS) created and implemented the Administrative Site Visit and Verification Program (ASVVP) in July 2009, under which it conducts unannounced site inspections at the...more

How To Develop an EB-5 Immigration Compliant Business Plan

For every Business Owner, Investor & Entrepreneur, the thought of putting together a business plan is very daunting but is often a necessary evil for those who want to succeed. There are a few popular Immigration Visas where...more

L-1 Visas… No Longer The Go-To Visa for Multi-National Companies?

In August, the Office of Inspector General issued a report on L-1 visas that will undoubtedly affect the future availability and adjudication process of such visas in the future. The L-1 visa category is used by...more

DHS Recommends Changes regarding Application of “Specialized Knowledge” Criteria for L-1B Visas

The Department of Homeland Security (DHS) recently issued a report to the U.S. Customs and Immigration Service (USCIS) regarding the implementation of L-1 visa regulations. The report contains various recommendations to...more

L-1 Intracompany Transferees May Face New Challenges

Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and...more

USCIS Inspector General Issues Report regarding L Visas

The Department of Homeland Security (DHS) recently issued a report to the U.S. Customs and Immigration Service (USCIS) regarding the implementation of L-1 visa regulations....more

DHS Report Signals New Challenges For L-1 Intracompany Transferees

The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United...more

Supreme Court’s DOMA Ruling Provides New Immigration Opportunities for Same-Sex Spouses

The United States Supreme Court’s June 2013 ruling striking down the Defense of Marriage Act (DOMA) as unconstitutional has created an opportunity for certain foreign nationals in same-sex marriages to petition for...more

Summary of The Comprehensive Immigration Reform Act of 2010 Relating to Employers

On September 30, 2010, Senator Robert Menendez of New Jersey and Senator Patrick Leahy of Vermont introduced the Comprehensive Immigration Reform Act of 2010 (CIRA). It differs somewhat from the Bill introduced by...more

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