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US Company Incorporation and American L1 visas

US Company Incorporation and American L1 visas

The following is a brief discussion of American corporations and their involvement

in the L1 visa process.The L-1 visa is designed to be used by a foreign national working for a multi-national corporation or organization. Typically, these types of workers are referred to as intra-company transferees. In certain instances, a corporation or corporate organization needs to transfer a highly skilled employee (or employees) from an office overseas to an office in the United States. When this happens, the company usually submits a petition for an L1 visa to the United States Citizenship and Immigration Service (USCIS).USCIS, according to current processing time estimates, usually takes approximately 1 or 2 months to adjudicate an L-1 visa petition. In some instances, a Request For Evidence (sometimes referred to by the acronym RFE) is issued. This type of request usually means that the officer adjudicating the petition wishes to receive clarification or further documentation prior to making a final decision in the case.Assuming an L1 visa petition is approved by an officer at USCIS, the case file is generally forwarded to the Department of State for further processing. Initially, the National Visa Center (NVC) will initiate a security clearance and forward the file to the US Embassy or US Consulate with proper jurisdiction. Once the file arrives at an Embassy or Consulate, the Post usually notifies the beneficiary that the case has been received and an interview appointment can be set.The L1 visa applicant must then undergo an interview which is administered by a Consular Officer. If the Consular Officer finds no reason to deny the application then the visa will be issued shortly after interview. However, if the Officer feels that further evidence is needed, then he or she may issue a 221(g) refusal. This document basically states that the visa application is denied pending further evidence. If the requested evidence or documentation is produced, then the visa will usually be issued shortly thereafter. In a relatively small number of cases, the case may be placed in administrative processing for further review or, if there is reason to suspect some form of fraud or misrepresentation, the officer may feel the need to place the file before the Fraud Prevention Unit to assess whether there are inadmissibility issues in the case.The L-1 visa is often referred to as a dual intent travel document because those using it to travel to the US are able to maintain the intent to remain in the USA as well as the intention to stay temporarily before predetermined departure. If the bearer of an L1 visa remains in the United States for a long enough period of time, then that individual may be eligible to apply for adjustment of status to Lawful Permanent Residence which is an entirely different process.

US Company Incorporation and American L1 visas

By: Ben Hart
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