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6

RFEs

1759

L Visas

0

Denials

*after appeal

Qualifying for an L-1 Visa

Italian applicants for an L-1 visa must meet these requirements:

  • You need to have worked for a foreign company outside the U.S for at least one year in the last three years.
  • The overseas enterprise must have a connection with a U.S. enterprise as a Subsidiary/parent, Affiliate, or Branch
  • The overseas enterprise can function globally and is not required to be located in Italy.

Affiliated Businesses

For a U.S. business to be "affiliated" with a non-U.S. business for L-1 visa purposes, both businesses must be owned or controlled by the same entity or person.

A common mistake is to assume that the U.S. and non-U.S. businesses have to form part of the same “group” or that one business has to own/control the other. This is not true under U.S. law.

Requirements for Italian L-1 Business Owners

Italian business owners typically apply for an L1-A visa as a “manager” or “executive”.

For a successful L1-A application, business owners must effectively showcase their employment in a managerial or executive capacity in the non-U.S. business.

It's crucial to note that USCIS in the United States and U.S. consulates in various cities may have distinct evidentiary requirements.

Davies & Associates is equipped to offer tailored guidance based on the unique circumstances of your case.

Managers and Executives

Managers and executives of non-U.S. businesses transferring to related companies in the United States may be eligible to apply for an L1-A visa.

While a non-manager can typically be promoted into a management role in the U.S. this is not possible with a “new business” (see below).

What is the First Step with an L-1 Visa?

The initial step involves filing a comprehensive application. Attention to detail, especially in areas like business plans, is crucial. The application can be filed in the United States, marked for either "consular processing" or "change of status."

L1 Visa Process simplified in a diagram - Davies & Associates LLC.

L1 Visa Process simplified in a diagram - Davies & Associates LLC.

Can an L-1 Business Owner form a New Business in the United States and Apply for an L-1 Visa?

Yes, this is a common case. Many clients establish new businesses in a foreign country to qualify for an L-1 visa.

L1 Visas for Italian Non-Management Employees

Non-management employees may be eligible for an L1-B visa, requiring clear documentation of highly specialized skills. A knowledgeable immigration lawyer's assistance is crucial for a successful application.

Special Considerations for New U.S. Businesses

If your U.S. business is less than twelve months old, it is categorized as a "new office." Special provisions apply, and the initial L-1 visa term will be one year, extendable after the first year.

Tax Planning for Italian L1 Applicants

Tax planning is essential, and Davies & Associates provides access to dedicated tax lawyers for clients' tax planning needs.

The Need for Dual Presence in the U.S. and Rome

All L-1 visa applications begin as an L-1 Petition filed with USCIS. After approval, applicants can either change status to L-1 within the U.S. or apply for an L-1 visa from a U.S. consulate abroad.

Obtaining Permanent Residency, a “Green Card” as an L-1 Visa Holder

There are various ways for L-1 visa holders to obtain a "green card," including the EB1(c) mechanism, EB5 visa, Exceptional Worker (EB1), and other work-based or family visa options.

Obtaining a U.S. Passport

If you have progressed from an L-1 visa to a “green card” and held that “green card” for five years (in limited cases three years), and you meet the following requirements we may be able to assist you apply for U.S. citizenship:

  1. You must have held your “green card” for the entire five year period;
  2. You must have maintained your status as a U.S. resident for this five year period;
  3. Ideally you will not have been outside the United States for a period of more than six months in the five year period, though limited exceptions apply;
  4. You have not committed a crime or other act, such as a failure to file a tax return, that USCIS interprets as resulting from a lack of good moral character on your part; and
  5. You have been physically present in the United States for two and one half years of the total five-year period.

Useful questions & answers regarding visa for Italian citizens and entrepreneurs:

The United States Mission in Italy comprises the American Embassy in Rome and the Consulates General in Milan, Florence, and Naples.
How many nationalities can an Italian citizen have? Based on current laws, Italy recognizes dual nationality and does not put any limit on the number of citizenships you may hold.
Countries participating in the Visa Waiver Program are: Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, ...
The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries* to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.
Are you traveling to the US as an Italian citizen? You do not necessarily need to get a B1/B2 visa to travel around or do business in the U.S.A.

The wonderful U.S. Visa Waiver Program allows certain Italian business, leisure, and in-transit visitors into the United States with the option to forego a visa.
In most cases, the average total processing time, including passport pass-back through the official courier, is between 5 and 7 working days from the day of the interview. However, it is advisable for travelers to apply for their visas as early as possible in case additional processing time is required.

L-1 Visa Solutions by Country of Nationality or Residency

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What is Davies & Associate’s Record with L-1 Visa Applications?

Davies & Associates files a large number of L-1 visas each year and as of November 2014 have yet to have an application denied.

Useful L1 visa informations:

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Jeremy Abernathy
Jeremy Abernathy
a month ago

I had the pleasure of working with Verdie and Nessa to obtain my E2 Visa. Their in-depth knowledge and experience allowed me to be fully prepared in my application and they were able to answer all questions leading up to the Visa interview.

Saeed Muhammad
Saeed Muhammad
2 months ago

Verdie was an amazing attorney, providing exceptional client care throughout the process. He had a great depth of knowledge in all areas on business visas in the US.

hoshino ryuichi
hoshino ryuichi
5 months ago

Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.

Satyabrat Chowdhury
Satyabrat Chowdhury
5 months ago

I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.

Jimmi Batth
Jimmi Batth
3 weeks ago

everyone helped me alot in my application especially Verdie and Etta and mark. answered all my questions, prepared my application very organised. EXCELLANT TEAM.

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Looking to acquire an L1 Visa for Italian Nationals?

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We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for business, investors, individuals and families.

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