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American L1 Visas And US Company Setup
Author : Ben Hart
The following article discusses the United States visa classified as L-1 and how the US visa process can be impacted by the strategies employed when incorporating an American company.
The L1 visa was designed to provide a means for intra-company transfers within multi-national organizations. For example, the President of an offshore division of an American company could utilize the L1 visa when transferring to the company's home office in the United States.
There are two subcategories of the main L1 visa category that should be examined when discussing this visa. The L1A visa was designed for executives and management transferees who wish to take up employment within the same corporation, but in the United States. The L-1B visa was meant to be used by very skilled technicians and other essential technical employees who must be transferred to an employment position in the USA in order to provide integral technical expertise.
The registration of an American corporate entity is relatively easy when compared to jurisdictions outside of the United States. However, the ease with which a Limited Liability Company (LLC) can be formed has lead many to the erroneous conclusion that L-1 visas can be easily obtained once a company is incorporated in the USA. In reality, tnothing could be further from the truth. The L-1 petition is often painstakingly examined by officers at the United States Citizenship and Immigration Service (USCIS). In their adjudication, USCIS must make a determination as to the bona fide nature of the business enterprise. A US company should not be setup as a pretext for seeking visa benefits. In fact, taking such action could be viewed as an attempt to defraud the US government. That being said, those natural persons and corporate entities with a bona fide business enterprise which requires skilled labor from outside of the USA could apply for an L1 visa.
Adjudication of L1 visa applications at US Embassies and US Consulates abroad is routine. However, those seeking an L1 visa are well advised to retain competent legal counsel in order to ensure the compiling of a well-founded petition or application. In many cases, an American Immigration attorney can prove advantageous for companies and individuals seeking visa benefits under the L1 category.
Corporations and natural people interested in retaining an American Immigration attorney overseas should remember to check the credentials of those who claim to be able to assist with the American visa process. Only an American attorney is allowed to charge fees for services rendered in connection with a US visa application. Always ask a purported attorney for a copy of their license to practice law or their membership card in a State or Federal Bar Association.
Author's Resource Box
Benjamin Hart is an American lawyer. He currently acts as the Managing Director of Integrity Legal (Thailand) Co. Ltd. as well as International Director of White & Hart Ltd. Contact details: 1-877-231-7533 (US Toll Free), +66 (0)2-266-3698 (Thailand), +44 203-002-3837 (United Kingdom), or info@integrity-legal.com. See further information on the internet at: US Company Registration or L1 visa.
Article Source:
Articlebliss
Tags: L1 visa, US Company Registration, US Company Incorporation, American Company Incorporation, American Company Setup, Us company Setup, L-1 Visa
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Submitted : 2010-09-02 Word Count : 1 Popularity: 212 Times Viewed: 28
