可取得 L-1 身份的实体
公司要取得 L-1 身份，国外实体必须与美国实体有特殊的关系。美国公民与移民服务局认为实体间建立必需的合格关系的主要因素有：所有权关系和控制关系。所有权关系指的是合法占有权和对业务实体的完全权力；而控制指的是控制该业务实体管理和经营的权利和职权。另外，经营业务指的是合格组织定期、系统地不间断提供商品和/或服务，而不仅仅在美国和国外设立合格组织的代理商或办事处。最后，按照联邦法律的定义，要取得 L-1 身份的实体必须是美国公司的母公司、分公司、分支机构或子公司。
- 母公司是具有子公司的商行、企业或其他合法实体。最一般的情况是（a）外国实体拥有美国实体 50% 以上股份，也即美国实体的多数份数拥有人，（b）美国实体拥有外国实体 50% 以上股份，也即外国实体的多数份数拥有人。
- 分公司是同一组织在不同地点的经营分部或办事处。
- 子公司是由母公司直接或间接拥有一半以上股份，因此具有控制权；或母公司直接或间接拥有一半股份并具有控制权；或母公司拥有 50:50 合资企业的 50％，并与另一半所有权具有相等的控制和否决权；或虽然母公司拥有一半以下的股份，但实际具有其控制权的商行、企业或其他合法实体。
- 分支机构是（a）同时由同一母公司或个人所有并控制的两个子公司中的一个，或（b）由同一组个人所有并控制的两个合法实体中的一个，并且每个个人对各个实体的同一股份或份额的所有权和控制权各占一半。
重要的是，如果一个合格的实体或这两个实体将会进行企业重组，比如合并或收购，美国公民与移民服务局必须重新评估这两个实体之间是否还存在合格的关系。
选项和要求可能会有很多，但是博达移民律师事务所经验丰富，干劲充足，能够指导您完成组织和人员调派工作。我们过去战果累累，致力于客户需求，不知疲倦。请现在就联系我们获得报价，或者马上开始进行申请！
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405
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Entities Qualifying for L-1 Status
In order for a company to qualify for L-1 status, the foreign entity must have a specific type of relationship with the U.S. entity. The main factors that the USCIS considers to establish the requisite qualifying relationship between entities are: ownership and control. Ownership means the legal right of possession and full power over a business entity; while control means the right and authority to direct the management and operations of that business entity.
Additionally, doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad. Finally, the entity that seeks to qualify for L-1 visas must either be a parent, branch, affiliate, or subsidiary of the U.S. company, as defined by federal law.
- A parent is a firm, corporation, or other legal entity which has subsidiaries. The most common scenarios are when (a) a foreign entity owns more than 50% of a U.S. entity and is therefore a majority owner of the U.S. entity, and (b) a U.S. entity owns more than 50% of a foreign entity and is therefore a majority owner of the foreign entity.
- A branch is an operating division or office of the same organization housed in a different location.
- A subsidiary is a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and therefore has control of; or, owns directly or indirectly half of the entity and controls the entity; or owns 50% of a 50/50 joint venture and has equal control and veto power over the entity as the other half of ownership; or, owns less than half of the entity, but in fact controls the entity.
- An affiliate is (a) one of two subsidiaries, both of which are owned and controlled by the same parent or individual, or (b) one of two legal entities owned and controlled by the same group of individuals, with each individual owning and controlling approximately half the same share or proportion of each entity.
Importantly, if one or both of the qualifying entities will be subject to some type of corporate reorganization, such as a merger or acquisition, the USCIS must reevaluate whether the qualifying relationship between the entities will still exist.
While the options and requirements may seem extensive, Buda Law Group has the experience and drive necessary to guide you through the organization and transfer process. Our impressive track record reflects our tireless commitment to our clients’ needs – please contact us today for a competitive quote or to get started on your petition!
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read More适合 L-1 签证申请的组织
L-1 签证是一种临时性非移民签证，可让企业将符合条件的国外员工安置到其位于美国的子公司或总公司里。L-1 签证特别适合于海外小企业或创业公司在美国拓展业务和服务。抽调精通业务的经理或具备业务实战经验的高管，能够按照公司总部设立的目标和宗旨来设立新的分公司。因为有必要在新建立的分公司安排一些具有特殊知识的员工，想要在另一国家开拓新市场的跨国公司也可利用 L-1 签证。
可担保 L-1 签证的企业类型没有限制：公司（C 类、S 类、有限责任公司）、合作伙伴、政府机构、非营利组织、宗教或慈善组织都可以。博达移民律师事务所有着广泛的经验，能够指引我们的客户选择最佳的 L-1 组织，为其调派工作人员提供便利。下面介绍一些 L-1 签证中最常见的企业/合作伙伴类型：
C 类企业
标准企业，或称为 C 类企业，是由股东所有的独立法人实体。此类企业通过在州政府备案相关成立文件，并缴纳相关备案费用而成立。此类企业的结构将各个所有者（股东）对企业业务债务的个人义务限制为其对公司的投资数额。一般大公司青睐 C 类企业，因其与 S 类企业相比，灵活性更高。C 类企业的股东数量不受限制，股东可具有不同级别的投票权，以便于 C 类企业扩大股份。与 S 类企业类似，C 类企业的股东必须缴纳所得股息的个人所得税，但与 S 类企业不同的是，C 类企业还需要缴纳公司税，这样就有可能会被双重征税。C 类企业股东一般对任何业务负债不负有责任。作为企业来说，C 类企业和 S 类企业所遵守的管理和监管要求相同。
S 类企业
S 类企业是在美国国内税收局选择了特殊税务状况的标准公司。此类企业的成立和 C 类企业的成立要求相同，都需要在州政府备案相关成立文件，并缴纳相关备案费用。S 类企业的特殊税务状况避免了 C 类企业收入被双重征税的现象。虽然需要填写企业所得税纳税申报表，但是不针对公司级别收缴任何税款。相反，业务盈利或损失“转移”到股东身上，并在股东各自的纳税申报单上反映出来。任何应纳税项由股东按其个人税率缴纳。S 类企业不是合法的商业结构。美国国内税收局向符合要求的 C 类企业授予 S 类企业身份，身份的改变影响企业盈利的征税。S 类企业专为国内中小企业而设，股东数量不得大于 100。虽然股东对业务债务不负有任何个人责任，但对于任何股息或业务所得工资，他们需缴纳个人所得税。S 类企业不需要缴纳公司税，和有限责任公司类似，是“传递实体”，所有损失和盈利都转移到企业所有者身上。但是，作为企业，S 类企业必须履行一系列繁琐的职责来保持合规性，包括发行股票、制定内部章程、举行股东和董事大会，并记录准确的会议记录。
有限责任公司
有限责任公司（LLC）为企业和合作伙伴提供了另一选择，将公司有限保护的优点与合作伙伴直通征税的优点结合在了一起。有了这样的税收身份，有限责任公司的收入不会在实体这一层次进行征税；但是，如果有限责任公司有一个以上的所有者，通常其需要完成合作伙伴纳税申报表。有限责任公司的收入或损失传递到了有限责任公司，并在所有者的个人纳税申报表中得到反映。税金在个人层次上进行缴纳。
虽然有限责任公司是成立公司时的一个灵活选项，但是这个选择并不适用于所有业务类型，所有州的法规都相同。一般地，美国国内税收局将有限责任公司视为“转移”身份，该身份允许所有业务盈利和损失转移到所有者身上，并在所有者的个人纳税申报单上反映出来。有限责任公司所有者受到个人责任或业务利益要求的保护，只损失他们对业务所投资的金额。有限责任公司提供的保护本质上与企业股东的保护相类似，只不过征税和管理较为简单。
有限责任合伙
有限责任合伙是具有一个以上所有者，每个所有者对业务债务都具有有限的个人责任的公司。有限责任合伙主要用于持证上岗的专业团体，比如律师和医生，部分州不允许持证上岗的专业团体业务之外的任何业务成立有限责任合伙。若其他合伙人引起债务或索赔，有限责任合伙中的合伙人受到个人责任的保护，不至于个人资产被用于弥补其他人的过错。有限责任合伙的管理方式与一般的合伙一样，给予每个合伙人相等的业务管理权限。但是，有限责任合伙允许合伙人承担不同水平的责任，尤其是在承担其他合伙人的债务和责任时。有限责任合伙较企业而言易于组织和管理，这就受到了仅想保护其个人资产的专业人士的青睐。
有关详细信息，或开始您的 L-1 申请，请今天就联系我们！我们博达移民律师事务所期待为您的 L-1 组织和调派人员提供一切所需的便利！
谢谢！
John B. Buda, Esq.
www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read MoreQualifying Organizations for the L-1 Visa Petition
The L-1 visa is a temporary non-immigrant visa which allows companies to relocate qualified foreign employees to its U.S. subsidiary or parent company. The L-1 visa is a good way for small or start-up overseas companies to expand their business and services to the United States. By allowing for the transfer of a highly proficient manager or executive who has direct knowledge of operations, the setup of the new branch can be accomplished in compliance with the goals and objectives of the company’s main office. L-1 visas can also be used by multi-national companies interested in developing a new market in another country, as it may become necessary to have some employees with specialized knowledge work in the newly established office.
There is no restriction on the types of businesses that can sponsor an L-1 visa – corporations (C, S, LLC, etc.), partnerships, government entities, non-profits, and religious or charitable organizations are all eligible. Buda Law Group has extensive experience guiding our clients through the process of choosing the best L-1 organization for them and facilitating all of their transfer needs. The following are several examples of the most common types of corporations/partnerships used for L-1 visas:
C Corporation
The standard corporation, or C corporation, is a separate legal entity owned by shareholders. You form the corporation by filing incorporation documents with a state and paying the related filing fees. The corporate structure limits each owner’s (shareholder’s) personal liability for the corporation’s business debts to the amount invested in the company by the shareholder. C corporations are generally favored by larger companies due to the improved flexibility provided in comparison to S corporations. C corporations may have unlimited shareholders and have different levels of voting privileges among those shareholders, making it easier for C corporations to grow and expand their shares. Like S corporations, C corporation shareholders must pay personal income tax on earned dividends, but unlike S corporations, C corporations also pay corporate taxes, opening the possibility of being double-taxed. C corporation shareholders are not generally responsible for any business liabilities. As a corporation, C corporations are subject to the same management and regulation compliance requirements as S corporations.
S Corporation
An S corporation is a standard corporation that has elected a special tax status with the IRS. The formation requirements are the same as those for C corporations: incorporation documents must be filed with the state and appropriate filing fees paid. The S corporation’s special tax status eliminates the double-taxation that can occur with a C corporation’s income. A corporate income tax return is filed, but no tax is paid at the corporate level. Instead, business profits or losses “pass-through” to shareholders and are then reported on their individual tax returns. Any tax due is paid by shareholders at their individual tax rates. S corporations are not legal business structures. The IRS grants S corporation status to qualifying C corporations, and the change in status affects the taxation of the corporation’s profits. Intended for small- to medium-sized domestic businesses, S corporations cannot have more than 100 shareholders. Shareholders never have personal liability for business debt, but they pay personal income tax on any dividends or salaries drawn from the business. S corporations are not required to pay corporate taxes; like LLCs, they are “pass-through entities” and all losses and profits go through to the corporation’s owners. As a corporation, however, an S corporation must perform a variety of bureaucratic duties to remain compliant, including issuing stock, passing bylaws and holding shareholder and director meetings with accurate minutes.
Limited Liability Company (LLC)
The limited liability company (LLC) offers an alternative to corporations and partnerships by combining the corporate advantage of limited liability protection with the partnership advantage of pass-through taxation. With this tax status, the LLC’s income is not taxed at the entity level; however, the LLC typically completes a partnership return if the LLC has more than one owner. The LLC’s income or loss is passed through the LLC and reported on owners’ individual tax returns. Tax is then paid at the individual level.
A limited liability company is a flexible incorporating option, but the option is not available to all businesses, and the regulations the same in all states. Generally, the IRS considers LLCs to have “pass-through” status, which allows all profits and losses from the business to pass to the owners and be reported on their personal tax returns. LLC owners are protected from personal liability for debts or claims attached to the business and stand to lose only what they invested in the business. LLCs essentially offer protection similar to that of corporation shareholders, but with simpler taxation and management.
Limited Liability Partnership
Limited liability partnerships are businesses with more than one owner who all have limited personal liability for business debts. LLPs are primarily used by licensed professional groups, such as attorneys and doctors, and some states do not permit any sort of business apart from licensed professionals to form an LLP. A partner in an LLP is protected from personal liability in the case of debt or claims accrued by another partner, keeping personal assets from being used to pay for the mistakes of another. An LLP is managed just like a general partnership in that it gives each partner an equal voice in managing the business. However, an LLP allows partners to assume different levels of liability, particularly when it comes to assuming the debts and liabilities of other partners. LLPs are easier to organize and manage than a corporation, making them preferable for professionals who just want protection for their personal assets.
For more information or to simply get started on your L-1 petition, contact us today! We at Buda Law Group look forward to facilitating all of your L-1 organization and transfer needs!
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read MoreEB-5 Investment Program Information
Foreign investors can invest in many types of for-profit lawful business entity to satisfy the EB-5 Investment Program requirements. The structures of the business entity can be any of the following for-profit business categories:
Creating a new business:
The EB-5 program defines a ‘new’ enterprise as one that was “established after November 29, 1990.” Immigrant investors can invest the required amount of capital in a commercial enterprise that was established after November 29, 1990, provided that other criteria are met.
Restructuring or reorganizing an existing business:
An EB-5 investor can restructure an existing business, however, merely changing the legal structure or physical appearance of an enterprise will not suffice. The USCIS gives the examples of a restaurant that is converted into a nightclub or a plan that adds substantial crop production of an existing livestock farm as two examples of adequately restructured or reorganized commercial enterprises.
Expanding an existing business:
Through this avenue, an EB-5 investor must either expand the net worth of an existing business or the number of employees by 40%.
Pooling:
Multiple EB-5 investors can combine their money to invest in an enterprise. All investors must invest the required amount into an enterprise and create at least 10 jobs each. All jobs created by a pooling arrangement will be distributed evenly among investors.
General Requirements for Investing in a New Commercial Enterprise
- Invest in or currently be in the process of investing at least $1,000,000. If this investment is made in a company located in a targeted employment area, the minimum investment is lowered to $500,000.
- Must provide benefit to the U.S. economy in the form of goods and/or services.
- Must create 10 full-time employment positions.
- Must be involved in the daily management of the company.
Rebuilding a Troubled Business:
The definition of a troubled business is one that has existed for a minimum of 2 years and incurred a net loss for the 12 to 24 month period. The loss must be equal to at least 20% of the business’s total net worth.
General Requirements for Investing in Troubled Businesses
- Invest $1,000,000 or $500,000.
- Maintain the number of existing employees in the troubled business at no less than the pre-investment level for a period of at least 2 years. This till requires that ten jobs must be preserved or created in any combination.
- Must be involved in the daily management of the company.
Regional Center Pilot Program:
To encourage immigration through investment and to concentrate investment in specific regions, Congress directed USCIS to set aside 3,000 visas for people who invest in a designated “Regional Center Program.” A “Regional Center” is a designation granted by USCIS on the basis of a proposal for economic growth in the particular geographic area. Approximately 90-95% of EB-5 applications submitted to USCIS fall into this category.
General Requirements
- Invest at least $1,000,000 or $500,000.
- Create 10 new full-time jobs directly or indirectly.
- A detailed description of how the investment within the specified area will create jobs directly or indirectly.
- A detailed administrative structure of the regional center which explains how it will promote more investment, assess investor projects, oversee all investment activities, and structure its own investment capital.
We are happy to provide this EB-5 Investment Information today. If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read MoreSpouse or Fiance Visa?
Finding love has vast legal implications, especially when bringing a spouse or fiancé(e) to the United States. The visa process provides two different legal paths based on the status of the relationship with different burdens of proof, and a host of other questions and pieces of information the U.S. government requires.
A U.S. citizen married to a foreign national has the choice bringing his or her spouse to the U.S. as an immigrant or non-immigrant. For an immigrant visa, the spouse must file either an IR1 (immediate relative, marriage is longer than two years) or CR1 (grants conditional residency). For the IR1 and CR1, filing an I-130, Petition for Alien Relative, along with another form, is the first step, which can also be filed outside the U.S under certain circumstances. The IR1 results in immediate permanent resident- or “green-card”- status that is renewable every ten years, where as a CR1’s conditional residency lasts only two years and requires that the applicant petition to have the condition remove before expiration. The applicant then receives a ten-year green card. A permanent resident may also bring his/her spouse under a more limited basis. Following an available visa number, the applicant should then adjust their status to permanent residency. However, a U.S. Citizen who began the process as a permanent resident must ‘upgrade’ the petition from family second preference (F2, for permanent residents) to immediate relative (IR).
Fiance Visa: A U.S. citizen wishing to bring his or her fiance to marry and live here in the U.S. may do so under an K-1 visa by first filing form I-129F. The I-129F must be filed in the U.S. The petition allows the fiancé(e) to come to the U.S. 90 days before he or she is to marry the sponsor. Given the short amount of time between arrival, marriage and permanent resident status, the foreign spouse be also meet some immigrant requirements. A permanent resident is ineligible to sponsor the entry of his or her fiancé(e) to the U.S. Additionally, children will receive K-2 visas.
Differences aside from proof and other administrative requirements include affects on other matters related to immigration law regarding, among other things, adjustment of status, work options, travel, and whom the spouse or fiancé(e) may bring with them to the U.S.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 626-714-7492 [email protected] 1201 W. Huntington Dr. Suite 209 Arcadia, CA 91007 Read MoreComplexities and Rewards of EB-5
Under the EB-5 program, foreign nationals who invest between $500,000 (in certain low-employment areas) and $1,000,000 dollars in approved U.S. businesses are eligible for permanent residency after the U.S. government confirms that their investment created at least 10 American jobs.
Foreign investors can invest in any type of for-profit lawful business entity by creating a new business, buying an existing business that is restructured or reorganized, expanding an existing business, or pooling (when multiple EB-5 investors combine their money to invest in an enterprise). In addition to the minimum investment amount required by the program, the project must provide a benefit to the U.S. economy in the form of goods and/or services, it must create at least 10 full-time employment positions, and the investor must be involved in the daily management of the company.
However, it is important to understand that the EB-5 program is not a guarantee. Projects and applicants are thoroughly scrutinized by the U.S. government. Furthermore, like other investment vehicles, these projects are sometimes subject to bad luck, poor planning/execution, and, in some circumstances, misrepresentation. In such cases, investment funds, as well as immigration status are lost.
Nevertheless, concern over investment failure, security, or fundamental misunderstanding about the EB-5, should not throw doubt over a program that can yield financial and legal benefits. With guidance from a knowledgeable, trustworthy, and dedicated expert, navigating the world of EB-5 is not as complicated and overwhelming as it may seem. Buda Law Group relies on our background and expertise with EB-5s to give our clients the solid foundation necessary to find or create successful and financially stable investments. The team at Buda Law Group ensures that the investor/applicant has the best possible case when applying for this EB-5 opportunity.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405
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Buda Law Group Success Stories from 2013
This past year Buda Law Group has achieved fantastic success with our clients’ applications for the EB1 andEB2/NIW “Extraordinary Ability Visas”. Our client success stories have ranged anywhere from a championship dog show handler to a rocket scientist, including several doctors and medical researchers (both in and outside of the U.S.), and engineers, some civil and environmental and others in aerospace tech. Additionally, Buda Law Group had consistent success with L1 and EB5 cases, as well as difficult H1B cases. Also, for H1B, Buda Law Group had every case but one make it through the lottery. In addition to all of this, Buda Law Group also has wins in Asylum cases, which are very highly scrutinized. Finally, Buda Law Group has worked on many Entrepreneur cases, ultimately speaking of the exceptional variance and success rate for granted EB1 and EB2/NIW visas at the firm.
In addition, we are proud to declare that this year Buda Law Group became the first firm in the greater Los Angeles area to legally process and pass a same-sex marriage visa application and interview with the USCIS. This accomplishment marks a huge win not only for us, but for all same-sex couples seeking to enjoy the benefits previously unavailable to them due to the Defense of Marriage Act (DOMA). Supplementing this marriage news, Buda Law Group had well over 100 wins for regular marriage cases (many spouses outside the United States notably from China) and several K1 Fiancé visas. Buda Law Group has successfully won numerous family cases which are heavily scrutinized.
Finally, we are excited to share that as part of our 2014 New Years Resolution, we will be focusing more of our resources on expanding our practice with even more EB5 and L1 visa application options while still continuing our 100% successful track record with EB1s, EB2/NIWs, H1B’s, and of course marriage/Fiancé visas. We look forward to another rewarding year in 2014!
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq.
www.budalawgroup.net
office: 310-452-1872
3301 Ocean Park Blvd. Suite 205
Santa Monica, CA 90405
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Immigration Reform Prospects for 2014
With 2014 just around the corner, many foreigners around the world are eager for news regarding immigration reform. 2013 was a rollercoaster ride of both hope and frustration for immigration in Washington, but three specific events help provide optimism for the coming year. First, President Obama declared in his State of the Union address that “the time has come to pass comprehensive immigration reform.” Second, the Senate passed revolutionary immigration restructure with unparalleled support. Finally, there was a bill presented in the House that stalled record levels of deportations. Although none of this has made any remarkable nation altering history, all these signs and more point towards January being a major period for governmental involvement in immigration.
Merely a few years ago, immigrants were considered astonishingly brave for publicly announcing their undocumented statuses. Now, those very same individuals are the leaders in marches and rallies across the nation. Collectively, these shadowed individuals have blossomed into activists that are slowly turning immigration reform from an issue into a full-fledged movement. These tides towards governmental policy reform and newly developed political activism from minority parties are all steps towards the right direction, but don’t necessarily guarantee an easy transition in 2014. Conservatives are quick to point out that the Government fails to tackle huge problems in recent times, yet Obama has repeatedly brought up an interest in approaching immigration.
Currently, a clear majority of Americans continue to support immigration reform that sets a path to citizenship for undocumented parties. Although immigration reform is an issue that will never truly die in this nation, there are very clear-cut reasons to be optimistic that very serious changes are imminent. Buda Law Group enthusiastically awaits news for immigration, and pledges to continue being a reliable source of information on the matter in the coming year.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405
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Convert your L-1 Visa
In recognizing the various attachments an employee may have with her employer, current United States Immigration law allows for a skilled worker with specialized knowledge to enter and remain in the country on a limited basis. However, an established worker currently in the U.S. through a particular employment-based visa will find it advantageous to convert her visa to another for a variety of reasons. The law permits such conversions with one conversion, an L-1 to an H-1B, being a popular option that opens the doors to talented individuals who seek more than what is offered to them by their employer.
A key difference between these two types of visa is the required attachment to an organization. To be eligible under an L-1 petition, the applicant must transfer within their current employer to its U.S. operation. Under an H-1B, however, any U.S based employer can hire a worker, avoiding the employment requirement of an L-1. Since it is understandably easier on the foreign individual to enter through an L-1 due to the existing employment requirement, an individual wishing to enjoy the benefits of an H-1B may convert their L-1 when looking to pursue work through a different organization.
The conversion process is relatively simple and carries a variety of beneficial implications for the applicant. For one, a worker may choose to leave the company to which she originally attached for others. This is possible given that the worker has since established herself and has possibly made new business and professional connections that may provide more lucrative opportunities in the future. Additionally, the job search required for an H-1B becomes much easier now that the applicant has an understanding of the U.S. job market for her particular field.
A perk of the L-1 visa, the “dual-intent”, permits an applicant working for a U.S. operation of their employer to later apply for permanent residency. Because the H-1B visa permits the same “intent”, an applicant originally in the U.S. under an L-1 visa need not worry about losing this perk. As such, the convenience and implications of the conversion process leaves only benefits to the applicant, which even if unrealized, do not change any current arrangements she may have.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 [email protected] 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405 Read More