Information On L1 Required

[The Simpsons]

Hi All

I a new on here so take it easy with me, I am looking for information regarding L1 visa's from people who are going through on it now and those who have already got through on it. Can you please tell me your thoughts and what might be a better way of how to get towards GC.
I look forward to your replys
Many Thanks

Steve

[floridapete]

Hi All

I a new on here so take it easy with me, I am looking for information regarding L1 visa's from people who are going through on it now and those who have already got through on it. Can you please tell me your thoughts and what might be a better way of how to get towards GC.
I look forward to your replys
Many Thanks

Steve

Please tell Steve the extent of existing UK business requirement, years of trading, turnover, staffing, etc. etc.that is required for L1 as I am on holiday right now and haven't had the time to reply to Steve's earlier enquiries of me yet.

[punky]

:welcome: The Simpsons :)

As this is a visa specific question, i'll move it into the visa forum.

L-1s are a good way of getting into the US, many people have. I think they are trying to change the law, but as it stands, its still open. I know quite a few people who have done it.

Basically an L-1 is an intra-company transfer. Its designed to allow employees of international companies to transfer offices to the US to do their job. One interesting fact is you don't need to have an active established office in the US to do an L-1, you can go out there to establish it.

An L-1 is a non-immigrant visa, and should always be treated as such. However, it will allow people to undergo "change of status" from a non-immigrant to an immigrant visa, which is your green card/legal permanant residency.

If you are starting a new branch of your UK business out there, then you'll get a 1 year visa, which can then be renewed for another 3. After as little as 6 months (although its best to leave it longer than that), you can go for change of status, and providing everything is alright and you wait your turn, you should get it. If you're transferring from one established office to another, then you should get a 3 year visa.

Hope that helps.

[Bobby]

That is a very good summary of the L-1 Punky.

As a footnote, the US business can trade in any line of business and does not have to be the same line of business as the qualifying foreign business.

Also, the person transferring from abroad must have been in a managerial/executive capacity for one year in the past 3 years with the company and be able to show this documentation. (pay slips, tax returns, business flow charts etc.)
They must also show good probability that they intend to go to the US to "manage managers" not just start their own business. A good business plan and investment are very helpful.

Don't think that because your Uncle John runs a cab firm in Hackney that you're going to qualify to the US to run your own landscaping or property management company. Things have really tightened up, and what may have flown under the radar 4 or 5 years ago, is now being extensively scrutinized. Hence the delays.

Good Luck,

Bobby

[punky]

Thanx Bobby...

And yeah Bobby's spot on with those additional points... L-1s are only given to people of managerial positions & specialised knowlege, and you have to be employed in that position for at least a year, and at least 3 years within the company.

Also, something else I forgot to add... L-1 visas are only capped at 7 years. That normally works out as 1 year to start, and 2 x 3 year renewals. This isn't a big deal though as you are allowed to show dual-intent, and apply for change of status. Once you apply for change of status you have leave to remain while your application is in process, which can take 3+ years itself. Also, once you get a L-1, your family will qualify for L-2s providing they are under 21 and unmarried.

One thing I am not sure about, is whether there is a minimum amount of US citizens you have to employ. You should check that out. I don't think its a requirement, but I think it helps strengthen your renewals.

[Ron]

Hi

The L 1 visa is the best visa to try and get if you wish to get a green card

It is possible to buy a business in the US if you want some sort of income from the beging and still apply for an L 1

It is very important that the US company is set up in the same share ratio, read this on another thread.

The US company does not have to be the same type of business as in the UK

[Bobby]

Once you apply for change of status you have leave to remain while your application is in process, which can take 3+ years itself. .

? not sure what you relaly meant here, but perhaps you'd like to just clarify for the integrity of the thread :)

[punky]

? not sure what you relaly meant here, but perhaps you'd like to just clarify for the integrity of the thread :)

I meant that you are allowed to remain in the country whilst processing takes place? As you probably know some visa applications/renewals can only be lodged outside the US.

[Ron]

Hi Steve

There are a couple of other ways to get a green card

If you receive a job offer from a US employer. They will sponcer you for a H1B but you must have a degree or skill that is in short supply in the USA

The H1 B 's allocation is already used up for 2006.

Should you get a job offer tomorrow, the employer could not file the paperwork with USCIS till next April and this will be for a start date of Oct 07

If you have family member in US they could sponcer your, mother father brother or sister if they are USC

If you have a relative in the US, Brother or sister and you are over 21years old and married, they would also have to be USC

A LPR cannot sponcer a brother or sister

[Susie]

Hi All

I a new on here so take it easy with me, I am looking for information regarding L1 visa's from people who are going through on it now and those who have already got through on it. Can you please tell me your thoughts and what might be a better way of how to get towards GC.
I look forward to your replys
Many Thanks

Steve

Hi Steve and :welcome:

The L 1 visa can be the quickest way to obtain a green card but you have to follow the rules and requlations

Providing you have a company in your home country that employs 5-6 people and profitable you can then awpply for an L 1 inter company transfer

You do not need to buy a business in the USA to do this, although you could to give you an income from the start.

To get an L 1 visa you must have worked for one year in the past three years in the home country business and be of mangerial or exec position. If you decide to start a business from nothing then you will need a good business plan which a good CPA should be able to do for you

Should you decide to buy a business to get you going please make sure you put offer in contingent on visa approval and only purchase the assets of the company not the whole company

The very first L visa will probabley only be valid for one year. The renewal should be for a further two years and just before the 2 years is up you can then apply for I 140 and I 485

If you have any children under 21years of age it is important to submit I 140 and I 485 before they reach 21 years old otherwise they would age out and not be able to adjust status via your L visa

[The Simpsons]

HI EVERYONE THANKYOU FOR YOUR REPLY'S.

How long does it take to get a L1 visa???
And also regarding L1, I am in a partnership in 3 different businesse's if i sold my 50% share in them but still had my name as a director on them would i still be able to go down the L1 route???
Many Thanks

Steve

[Susie]

Hi Steve

You can pay and extra $1500 for premimum processing

The USCIS in Texas will give decision in 15 working days so it is worth paying the extra for

[The Simpsons]

My Father is about to take his USC, How long would it take if he where to sponcer me???

[Kitty]

Hi

I think the time frame makes a difference if you are under 21 years old and not married

[JulieC]

Pretty quick once he is a USC, for example Vermont is just processing Jan 2006. Green card holder sponsorring is much longer.

[The Simpsons]

Hi JuLie

Sorry i dont get your mail, what do you mean Pretty quick once he is a USC, Then you stated Green card holder sponsorring is much longer.

Thanks
Steve

[Susie]

Hi

Here is a list of processing time for Texas Service center

https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Texas


Sorry I just noticed the TSC no longer shows processing times for I 130 applications. But this may help others

[Susie]

Hi

Here is a link for information on USC or LPR filing to bring relatives to the USA

http://www.uscis.gov/graphics/formsfee/forms/i-130.htm

and further info


http://www.uscis.gov/graphics/publicaffairs/newsrels/I_130_07_01_04.pdf

[Susie]

Hi

For a LPR or USC filing for relative, visa numbers have to be available. The I 130 form is only the start of the process for your relative to join

see

Oct visa bulletin below


http://travel.state.gov/visa/frvi/bulletin/bulletin_3032.html

[Susie]

VISA BULLETIN FOR OCTOBER 2006
A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during October. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by September 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.

Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.
Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First : Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second : Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third : Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

Schedule A Workers : Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 “recaptured” numbers.

Fourth : Certain Special Immigrants: 7.1% of the worldwide level.

Fifth : Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st 01MAY00 01MAY00 01MAY00 01JAN93 01NOV91
2A 22APR01 22APR01 22APR01 15OCT99 22APR01
2B 01JAN97 01JAN97 01JAN97 15FEB92 22JUL96
3rd 22OCT98 22OCT98 22OCT98 01JAN94 01AUG90
4th 15SEP95 01FEB95 01AUG95 15SEP93 01APR84

*NOTE: For October, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15OCT99. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15OCT99 and earlier than 22APR01. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based

1st C C C C C
2nd C 01APR05 15JUN02 C C
3rd 01MAY02 01MAY02 22APR01 01MAY01 01MAY02
Schedule
A
Workers C C C C C
Other
Workers 01JAN01 01JAN01 01JAN01 01JAN01 01JAN01
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers C C C C C

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105 - 139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2007 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For October, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 5,700 Except:
Egypt
3,100
Ethiopia
3,500
Nigeria
2,700

ASIA 1,550
EUROPE 3,450
NORTH AMERICA (BAHAMAS) 4
OCEANIA 150
SOUTH AMERICA, and the CARIBBEAN 225

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2007 program ends as of September 30, 2007. DV visas may not be issued to DV-2007 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2007 principals are only entitled to derivative DV status until September 30, 2007. DV visa availability through the very end of FY-2007 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN NOVEMBER

For November, immigrant numbers in the DV category are available to qualified DV-2007 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 8,500 Except:
Egypt
5,600
Ethiopia 5,600
Nigeria 4,300

ASIA 2,600
EUROPE 5,700
NORTH AMERICA (BAHAMAS) 6
OCEANIA 280
SOUTH AMERICA, and the CARIBBEAN 350

[Grumpy]

My Father is about to take his USC, How long would it take if he where to sponcer me???

Hi

The length of processing time and visa availability depends on whether you are under 21years old, over 21years old or married or single

[Grumpy]

My Father is about to take his USC, How long would it take if he where to sponcer me???

Hi

The length of processing time and visa availability depends on whether you are under 21years old, over 21years old or married or single

Also whether a LPR or USC is petitioning for you


Hope this makes sense

[JulieC]

Basically the amount of time it takes is longer if the sponsor is only a green card holder not a USC, once a green card holder takes citizenship the application budges right up the waiting list.

[The Simpsons]

Thanks for your help, I am 35 & married with 2 children, My father is a USC
hope this helps.
I am still unclear on the waiting time??
Steve

[Ron]

Hi

Take a look at Susies post number 20

This should help or maybe she can explain

[Susie]

Thanks for your help, I am 35 & married with 2 children, My father is a USC
hope this helps.
I am still unclear on the waiting time??
Steve


Hi Steve


Please see below

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st 01MAY00 01MAY00 01MAY00 01JAN93 01NOV91
2A 22APR01 22APR01 22APR01 15OCT99 22APR01
2B 01JAN97 01JAN97 01JAN97 15FEB92 22JUL96
3rd 22OCT98 22OCT98 22OCT98 01JAN94 01AUG90
4th 15SEP95 01FEB95 01AUG95 15SEP93 01APR84


From What I understand if your parents are USC and you are a married son over 21years then you are 3rd prefference family member

So they are currently working on (London) cases received 22nd Oct 1998, however there are xx number of visa's available for USC children under 21 years, any used numbers might be transferred to your category


Hope I have understood this correctly but maybe a good idea to call the Dept of State for confirmation

There is a link to the dept of State on the home page of www.uscis.gov you can them give them a call

Hope this helps

[Susie]

Hi

Here is a link to The Dept of State's web site


http://www.state.gov/


Please let us know how you get on

[anniefromessex]

Steve,

We might have been incredibly lucky but my husband had a business back in England, we left my son to run it and started up a susidiary over here. We were granted L Visas for a year; at renewal we were denied but our Attorney filed an appeal, at the same time applying for a Green Card. We are still waiting for the result of the appeal but in the meantime have been granted G.C's. Lucky or what? In all the process took probably less than 2 years but God must have been looking down on us because we have heard some real horror stories since!

[mark]

Annie

The same thing happened to me. I filed an L renewal and also fied green card at same time, The renewal was denied, something to do with paying the wrong fee but before I got the L denial my green card was approved. Hope you mange to get your son sorted soon

[anniefromessex]

Sorry Mark, only just read your post - I'm still trying to find my way round the site - thick or what!!

I think we have been incredibly lucky really, we must have been in the right place at the right time - although we're still feeling pretty sh..y about our son. Since he has been turned down our lives have turned upside down, nothing is going right and even though we have G.Cards and should feel ecstatic we don't. My husbands business is going down the tubes, he has not been able to work due to a problem with his knee and is going in for an op Monday, hopefully things should then start to improve. Even though as G.C. holders he doesn't need to work, the money obviously comes in handy!!!

What sort of business are you in? Is your business still running in the UK? Nosey or what?!! Reason I am asking is that my son is now looking to come over next year on an L-Visa and it would be nice to know the criteria for it now. My other son is still running our old business back in England but my husband is no longer a part of it, although both sons are involved in it. Daniel wants to do a completely separate start up Company over here, not getting involved with my husbands Company over here, as he tried to do before, so a totally different entity. Any thoughts on it?!