Category: L1 Visa

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New Consular Fees for Non-Immigrant Visas

US Immigration Advisor

The US Department of State published a Final Rule on March 28 regarding an increase in fees for certain categories of non-immigrant visa applications. The fee increase will be effective May 30, 2023.

The consular fee for employment-based categories such as the H-1B, L-1, and O-1 will increase from $190 to $205, and for the E-1 trader and E-2 treaty investor visa categories, the fee will increase from $205 to $315.

Other consular fees are not affected by this rule, including the waiver of the two-year residency required fee for certain exchange visitors. Current fees will continue to apply until May 30.

Fee information can be found on the Bureau of Consular Affairs website, travel.state.gov, and on the websites of U.S. embassies and consulates

L1 Visa India

How to get L1 Visa for usa from india

US Immigration Advisor

To obtain an L1 visa to work in the United States, your employer outside the US must first have a qualifying relationship with a U.S.-based employer based on ownership and control. The qualifying relationship can be parent-subsidiary, affiliate or branch relationship. You must also prove qualifying employment, which means that you have to an executive, manager, or specialized knowledge employee of a multinational company for at least one full year in the past three years. Your employer must also file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS).

Here are the general steps to apply for an L1 visa from India:

1. Check your eligibility: Ensure that you meet the eligibility criteria for the L1 visa category. You must have worked for a qualifying multinational company for at least one continuous year within the past three years.

2. Obtain a job offer: You must have a job offer from a U.S.-based employer with a qualifying relationship with your current employer.

3. File a petition: Your employer must file Form I-129, Petition for Nonimmigrant Worker, with USCIS on your behalf. This includes providing evidence of the qualifying relationship between the two companies, as well as your qualifications and job duties.

4. Attend an interview: Once the petition is approved, you will need to attend an interview at the U.S. Embassy or Consulate in India. You will need to bring all relevant documentation, such as your passport, visa application, and supporting evidence.

5. Wait for a decision: After the interview, you will need to wait for a decision on your L1 visa application. If approved, you will receive your visa and be able to travel to the United States.

It’s important to note that the L1 visa application process can be complex and may require the assistance of an experienced immigration attorney.

L-1 Visa for Spouses

Can a spouse work on L1 Visa

US Immigration Advisor

Yes, the spouse of an L1 visa holder can work in the United States. An Employment Authorization Document used to be required, but USCIS has updated the guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.

On November 12, 2021, USCIS clarified that L spouses are now considered employment authorized based on their valid L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between L spouses and children. As of January 30, 2022, USCIS and CBP began issuing Forms I-94 with L-2S code for L spouse. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses.

It’s important to note that the L1 visa holder’s spouse can only work in the United States for the duration of the L1 visa holder’s authorized stay in the United States.

To obtain an L1 visa to work in the United States, your employer outside the US must first have a qualifying relationship with a U.S.-based employer. This means that you must either be an executive, manager, or specialized knowledge employee of a multinational company that has a subsidiary, branch, affiliate, or parent company in the United States. Your employer must also file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS).

Eb-5 Visa Investment Level Increase

Deciding between an E-2 visa and an L-1 visa

US Immigration Advisor

Deciding between an E-2 visa and an L-1 visa depends on your individual circumstances and business goals.

The E-2 visa is a non-immigrant visa that allows foreign investors to live and work in the United States based on their investment in a U.S. business. To qualify, you must make a substantial investment in a U.S. business, and you must own at least 50% of the business. The E-2 visa is typically valid for up to five years and can be renewed indefinitely as long as the investor maintains their investment in the U.S. business.

On the other hand, the L-1 visa is a non-immigrant visa that allows multinational companies to transfer executives, managers, or specialized knowledge employees from a foreign branch to a U.S. branch. To qualify, the foreign employee must have worked for the foreign company for at least one year in the three years preceding the transfer and must be coming to the U.S. to work in a managerial, executive, or specialized knowledge capacity. The L-1 visa is typically valid for up to three years and can be extended up to a maximum of seven years for executives and managers, and five years for specialized knowledge employees.

If you are an investor who wants to start a new business in the United States, the E-2 visa may be the better option for you. If you are an executive, manager, or specialized knowledge employee of a multinational company with a U.S. branch, the L-1 visa may be the better option for you.

It is important to note that both visas have their own requirements and limitations, and it is recommended to consult with an immigration attorney to determine which visa is best suited for your individual circumstances.

Lay-offs at Twitter – Impact on Immigration Status of Foreign Employees

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By Zeenat Phophalia Immigration Attorney, D&A

In a move that sent shockwaves, Twitter laid off half of its workforce on Friday, November 4, according to a Reuter’s report.  Hundreds of these employees who are in H-1B, L-1 or O-1 status would be put on a deadline to get another job or leave the country.  As reported by Forbes, an estimated 8% of Twitter’s employees are on an H-1B visa, based on a National Foundation for American Policy analysis of U.S. Citizenship and Immigration Services (USCIS) data.

The L-1, H-1B and O-1 visa each have a different set of rules.  For the H-1B, the rules provide a 60-day grace period after termination and during this grace period, it’s important that the employee has either: another employer to file the H-1B, switches status to another non-immigrant visa category (F-1, B-1, H-4) or leaves the US.  In the absence of the occurrence of any of these, the person would be deemed to have violated his immigration status upon exceeding the grace period.

Generally, H-1B employees are able to have their employment petition transferred from one employer to another.  That’s no so in the case of L-1 intra company transferee employees; they typically have a more difficult time in situations of termination and lay-offs, often resulting in them having to leave the country. An L-1 employee’s employment is premised on a qualifying relationship between the US employer and its related foreign entity abroad as well as the employee’s prior qualifying employment at the foreign entity abroad.  Hence, L-1 employment cannot be transferred to another employer, unlike the H-1B.

Employers are required to notify the USCIS upon termination of an H-1B employee and are liable for reasonable costs of the employee’s return transportation (if the employment is terminated prior to the end of the authorized period).

If you would like to disucss any of the issues raised in this article, please contact us

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content..

Technology Visas

Who Actually Qualifies for the L-1 Intracompany Transfer Visa for Managers & Executives?

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Immigration Attorney Zeenat Phophalia delves into which staff members are eligible for the L-1A Visa and what constitutes a personnel manager and a function manager.

The L-1 visa classification for intracompany transferees comes in two categories: L-1A (managers and executives) and L-1B (special knowledge workers).  The L-1A allows a foreign company to transfer managers and executives to its related U.S. parent, subsidiary, affiliate or branch office. 

An L-1A manager is generally someone who supervises and manages professional, managerial or supervisory employees, as evidenced by a clear chain of workers reporting up to such manager. 

In addition to this “personnel” manager role, the L-1A classification allows for what is known as a Function Manager – someone who manages an essential function within the organization. 

While the standard applicable to a personnel manager who manages employees is well established, there had been lack of guidance and clarity on what needed to be proven to qualify as a function manager. 

In 2017, the USCIS, provided guidance by adopting the Administrative Appeals Office (AAO) decision in Matter of G- Inc., that sets forth a five-prong analysis to determine L-1A function manager qualification.

Matter of G- Inc. clarifies that, to establish that a beneficiary/employee will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that:

  • (1) the function is a clearly defined activity;
  • (2) the function is “essential,” i.e., core to the organization;
  • (3) the beneficiary will primarily manage, as opposed to perform, the function;
  • (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed;
  • (5) the beneficiary will exercise discretion over the function’s day-to-day operations.

An essential function, as noted by the AAO, in the above decision, is a function that is “fundamental,” “core” or “necessary” to the company’s business and one that the manager will manage versus performing. 

An organization could have more than one core activity “such as the manufacture or provision of an end product or service, and research and development into other products or services,” as was noted by the AAO.  

While assessing the essential function prong and the other criteria, USCIS will typically evaluate the entire record: overall organizational structure and hierarchy; description of the manager’s duties – products, services or component that he will manage; seniority within the organization; nature of administrative support if any; and so on. 

Often times, it can be harder for smaller organizations to establish that a function is a clearly defined activity and fundamental to the business.  That said, the best approach would be to explain the function with as much specificity as possible while emphasizing the core and essential nature of the activity/function vis-à-vis the organization and its impact on business, and justify how the employee will manage the function at a senior level within the organization.

The adopted decision in Matter of G- Inc establishes policy guidance that USCIS adjudicators are bound by and obligated to follow; it does not apply to the Department of State and so consular posts abroad are not bound by the decision, often times leading to conflicting and different interpretations of the scope of a function manager by consular officers.

To learn more about the L-1 Visa, please click here to contact us and request and appointment.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Employment-Based Green Card Quotas

US Releases 100,000 New Visa Appointments in India

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The US embassy in India has announced that it is releasing 100,000 new appointments for H visa and L visa applicants. The move will go some way towards clearing the backlog caused by the Covid-19 pandemic.

The US embassy in New Delhi and the five satellite consulates suffered long closures that have caused delays to visa processing. This is a particular problem in a country that tops the list for a number of different US visas categories.

Over the past year we have had to get creative for our clients facing long waits. For example, we have helped clients obtain quicker appointments by booking slots at the US consulate in Ho Chi Minh City, Vietnam instead. This requires careful planning between our India teams and our Vietnam team. Our Vietnam team has been on the ground to provide in-country support once our Indian clients arrive. Indians require a visa for Vietnam, which can be applied for online.

However, many do not have the time or means to get the Vietnam, so the news of new slots for H and L visa appointments is welcome.

The H-1B visa for highly skilled professionals is the most popular visas in India. In fact, Indians account for around three quarters of all H-1B applicants globally. D&A assists H-1B clients with exploring options for staying in the United States before their six years time limit is reached. For example, it is possible to file and Adjustment of Status from H-1B to EB-5 through the Investor Visa program.

The L Visa is for intracompany transfer to the related US office of the Indian firm. The L-1A is for managers & executives and the L-1B is for specialized knowledge employees. Under the L visa rules, it is possible to establish a new US office of your company and transfer yourself as the owner, or other qualifying employees. You must establish a qualifying relationship between the Indian business and the new US business that is being created.

The US has five consulates in India in addition to the embassy in Delhi. They are located in Mumbai, Hyderabad, Bengaluru, Chennai and Kolkata. If you are booking an appointment for EB-5, you can only do so in Mumbai. Watch our how-to video:

Applying for an EB5 Visa appointment in India

See also

L Visa Appointment Guide: Chennai

L Visa Appointment Guide: Mumbai

L Visa Appointment Guide: New Delhi

L Visa Appointment Guide: Hyderabad

L Visa Appointment Guide: Kolkata

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

US Immigration Lawyer

Numerous Recent Visa Approvals for D&A Clients

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The clients of our firm have been granted a number of different visa approvals over the past week, with the feeling that the Covid pandemic is increasingly behind us. Here are some examples:

E2 Visa for Singapore National Setting Up Advisory Firm in California

We are happy to share that we have secured an approval for another E2 Treaty Investor Visa applicant from Singapore. The applicant will operate as an advisory firm in California. The Company will raise money from qualified investors who will acquire limited partnership interests in a limited partnership fund, and then advise the fund to make minority equity investments in selected startups. The Company will receive advisory fees from the fund and a profit in the form of carried interest when the equity held by the fund in a startup is acquired by an acquirer, or when the startup goes for an initial public offering. 

The E2 company will be committed to partnering with frontier tech entrepreneurs as they start out, becoming their trusted advisor and providing them with the necessary advice to succeed. The Company’s investment philosophy will be to patiently identify and invest in highly-qualified entrepreneurs and accelerate growth through its network of executives in the IT Industry. It will coach frontier tech startups on initial customer selection and how to create compelling marketing pitches. The Company will facilitate meetings with lighthouse customers to help startups achieve success fast. Lighthouse customers are consumers who embrace a product soon after its launch. They will provide considerable and critical feedback to help startups develop and refine their products. Identifying and developing strong relationships with these customers is crucial for startups’ future success.

E2 Treaty Investor Visa for a Swiss National

The E2 Treaty Investor invested in a farm management company based in California. The company will provide custom harvesting and farm management services. The Company purchased selected farming equipment to provide local farmers with harvesting services that will maximize their output and profitability. Additionally, the company will hire agricultural advisory who will help farmers select crops for planting and organize their entire annual cycles to increase their operations’ cost-effectiveness. 

The company will provide its services to farmers from Fresno, Woodland, and Lodi, Californian cities known for their disproportionately high agricultural output and excellent products. The Company will focus on nut tree farmers, primarily those that cultivate almonds and pistachios. 

L1 Visa Extension for a Polish Shipping and Logistics Executive

We have helped a US company secure an extension of status for its current President on L-1A visa. Established on January 8, 1992, the US company was founded with the purpose of securing proper representation of a state-owned shiping company in Poland in North America and to conduct business in the lucrative North American market.  The US Company represents the Polish company’s  interests in all aspects and matters concerning North and Central America and the Caribbean markets; providing the closest and most effective link between Poland’s largest ship owner and all current and future business partners and customers.

As General Agent for the PZM Group in North American and Caribbean ports, the US company provides the following services:

  • Serving as financial center (treasury department/cash manager) for various financial transactions involving United States currency
  • Serving in a similar capacity for North American and Caribbean operational activities 
  • Serving as Chartering Broker for the Polish company’s vessels
  • Supervising execution of shipments performed by vessels within North and Central America
  • Arranging port operations through local Agents’ network, dealing with contractors and sub-contractors, including tugs, pilots, stevedores, terminal operations, holds/tanks cleaners, slop disposal services, ship chandlers, etc.
  • Arranging bunkers and spare parts supplies for vessels, including dealing with suppliers and bunker brokers
  • Controlling all costs and expenses regarding ship’s call to North American market
  • Arranging and coordinating crew changes
  • Arranging cargo, ship, draft, bunker, class, technical surveys and all necessary reports

H-1B for an Indian Developer

The US Company was set up in 2016 and it aims to empower enterprises to unleash the power of cloud on their terms by helping them rapidly achieve continuous and autonomous cloud governance at scale. The company enables enterprises to realize outcomes across FinOps, SecOps and CloudOps such as 40% decrease in cloud costs and 50% increase in operational efficiencies by governing operations, security, cost, access, and resources. CoreStack also assures 100%compliance with standards such as ISO, FedRAMP, NIST, HIPAA, PCI-DSS, AWS CIS & Well Architected Framework (WAF).

Enterprises face significant cloud challenges including unpredictable and unabated cloud costs, ever growing security risks, stringent regulatory compliance needs and operational complexities as they navigate the digital transformation journey. The company helps enterprises overcome these challenges by offering deeper cloud visibility, preventative governance

guardrails, and automatic remediation. With a unique Cloud-as-Code approach that uses deep AI/ML, declarative definitions, connector-less model, and a patented cloud service-chaining technology, CoreStack continually innovates to harness the real power of cloud. The company works with many large global customers across multiple industries including Financial Services, Healthcare, Retail, Education, Telecommunications, Technology and Government.

The H-1B beneficiary will assume the position of a Developer who will perform highly specialized duties in the occupation of application development and analysis with a focus on software application design and development and engineering support.

By Verdie Atienza, Head of E2 & L1 Visa Practice Group

US Immigration Lawyer

Celebrating Three New L1 Visa Approvals Last Week

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Our firm is celebrating the approval of three L1 visas this past week. The clients are from as far and wide as India and Canada, and the business sectors range from IT to construction. Read more below.

The L1 Visa permits the intracompany transfer of qualifying employees from the overseas branch to the US branch of a related company. You can either move staff to an existing office in the US or establish a new one (a New Office L1). Managers and executives may be eligible for an L1 visa that is renewable up to a maximum of seven years, while specialized knowledge employees may apply for an L1B visa, which is renewable up to five years. L1 visa holders are permitted to seek permanent residency (Green Cards), for example under the EB1C Visa route for international managers and executives.

Read more about L1 Visa

  1. L1A for a manager of construction and landscaping materials company in Canada

The Canadian Company, engaged in supplying construction and landscape materials in the Province of Ontario established presence in the US by acquiring an existing stone and construction equipment supply company in Florida. The petition was filed on behalf of the beneficiary to grow and expand the business.

  1. L1A for an Executive of an Importer and Wholesaler of Home Décor and Fragrances from India

The US company was set up to expand the operations of the Indian entity which has been engaged in importing and wholesaling of home décor and fragrances. The US Company will be selling products from India to brick-and-mortar stores as well as online. They are planning to have at least three warehouses that will allow the company store and easily service its clients. In addition, the Company will engage in the export of products to other countries, including Canada and the United Kingdom, as well as countries within the European Union and across Latin America.

3. L1B for a Cloud Solution Architect from India. 

The Petitioner provides a multi-cloud governance platform used to manage cloud resources in public cloud like AWS, Azure, Google Cloud etc. The goal of cloud governance is to enhance data security, manage risk, reduce cost and enable the smooth operation of cloud systems.  As a cloud governance provider, the Petitioner helps companies rapidly achieve continuous and autonomous cloud governance at scale across Financial operations (FinOps), Security Operations (SecOps) and Cloud operations (CloudOps).  

The Petitioner enables organizations with multi-cloud strategies and business models to monitor, act, and report from a single, unified dashboard. By building a secure, high-performing, resilient and efficient infrastructure with nextGen multi-cloud governance, the company helps achieve continuous and autonomous Cloud Governance at scale.

If you are interested in learning more about the L1 Visa or starting an application, contact us for a free consultation.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

Immigration for Telecoms Professionals

L1A Visa Petition Approval for a Nigerian Telecoms Executive

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We are happy to share that have obtained another L1A visa petition approval. This time it is for a Nigerian telecommunications executive.

The US company, which is an affiliate of a Nigerian company, offers a range of telecommunication services, including installation and maintenance of telecom equipment related to the Global System for Mobile Communications (GSM), code-division multiple access (CDMA), and WiMAX (wireless broadband communication standards). It will provide custom, comprehensive in-building solutions for wireless networks.  It will engineer and install equipment to ensure the interconnection of all systems in a building while including access control and security measures. The US Company will conduct digital (core) center management services, ensuring that the clients’ networks and core systems are always operative and optimized.

The US Company will follow trends and new technologies in the telecommunication and IT industries. As such, it will provide installation and testing services, as well as commission products from Original Equipment Manufacturers (OEMs). The Company will also install and provide remote management of Flatpak systems integration. Flatpak is a system for building, distributing, and running sandboxed desktop applications on Linux. Through its partnerships with innovators on the IT market, the company will have access to the newest solutions that it will be able to offer to its end-user clients, while also providing testing services to manufacturers.

The Company will  also provide project management services, helping its clients to integrate new technologies into their IT systems.  Intelligence Era U.S.’s project management activities will be conducted in compliance with all required specifications and will not interfere with the clients’ daily operations. By hiring the Company, its clients will ensure that their internal networks are efficient and secure and can answer the demands of all daily tasks. It will provide maintenance and optimization services, updating the clients’ systems to cater to the changing needs of their businesses.

Besides providing services to its clients, the US company will also procure products needed by its clients for the design and installation of informational and telecommunication systems.  It will sell products such as switches, routers, network cables, SFTP cables, and DC converters. In order to support its sales and make the operations more profitable, the Company will create partnerships with the U.S. manufacturers of IT and telecommunication products, such as Cisco Systems, Inc. The Company will establish a supply chain management, sourcing products for its clients that best fit the designed solutions, as well as acquire products for its Nigerian affiliate based on the needs of its clients.

The L1 Visa permits the transfer of qualifying staff members to an existing or newly established US entity. That entity must have a qualifying relationship to the overseas business where the employee works (in this case an affiliate). The L1A Visa is for management and executive level staff and is renewable up to seven years. The L1B Visa is for specialized knowledge employees and is renewable upto five years.

By Verdie Atienza, Head of the L1 & E2 Visa Practice at Davies & Associates. With thanks to his team, especially Adele De Lellis for her work on this case.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.