Qualifying for an L-1 Visa
In order for any Italian applicant to qualify for an L-1 visa he or she must meet the following requirements:
- To have been an employee of a business outside the United States for one year in the last three years immediately prior to obtaining a non-immigrant visa.
- The foreign business must be “related” to a U.S. business as either a:
- The foreign business can be operational anywhere in the world and need not be operational in Italy.
- In order for a U.S. business to be “affiliated” with a non-U.S. business for L-1 visa purposes, both businesses be owned or controlled by a common entity or person.
- A common mistake is to assume that the U.S. and non-U.S. business 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”.
In order to make a successful L1-A application a business owner needs to clearly demonstrate that he or she was “employed” in a management or executive role in the non-U.S. business. USCIS in the United States and U.S. consulates in different cities maintain different evidentiary requirements in this context; Davies & Associates can provide specific guidance on these requirements given the specific facts 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).
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 very common fact pattern. Many of our clients open new businesses in a foreign country in order to qualify for an L-1 visa.
L1 Visas for Italian Non-Management Employees
Non-management employees may be eligible to apply for a specialist worker, or L1-B, visa. In order to file a successful application your lawyer will help you develop documentation that clearly evidences that the employee has a highly specialized skill set that is difficult or impossible to hire form within the United States.
Special Considerations for New U.S. Businesses
If your U.S. business has been properly operational for less than twelve months USCIS will categorize it as a “new office”. While a number of special provisions apply to new offices a principal one is that the initial term of your L-1 visa will be one year, after one year you will be eligible to extend your L-1 visa.
Filing an L-1 visa application involving a newer or smaller U.S. business is a highly complex process that is best performed by an experienced U.S. immigration lawyer.
What is the First Step with an L-1 Visa?
The first step is to file a very thorough application.
While our firm has yet to have an application we have initially prepared denied we have been asked to review multiple unsuccessful applications filed by other law firms. Our opinion is that these failures usually result from a lack of attention to detail of every element of the application. A common issue is a business plan that was not prepared with the direct assistance a properly licensed and experienced immigration lawyer who has substantial experience with the preparation of business plans and who is financially literate.
The application itself is always filed in the United States either marked for “consular processing” or “change of status”.
Tax Planning for Italian L1 Applicants
While it has no bearing on visa issuance tax planning is always essential for any foreign person coming to the United States. Where a new or substantially altered U.S. business is being formed in the United States improper tax planning can result in hundreds of thousands of dollars in completely unnecessary tax liabilities.
Tax planning is a highly specialist field. Davies & Associates has access to a team of dedicated tax lawyers who assist our clients with their tax planning needs.
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.
The Need Dual Presence in the U.S. and Rome:
All L-1 visa applications start life as an L-1 Petition filed with USCIS in the United States.
Once an L-1 Petition is approved the successful applicant can either “change status” to L-1 status from within the United States or apply for an L-1 visa from a U.S. consulate abroad. Note that if an applicant who has “changed status” to L-1 status from within the United States leaves the country then he or she will have to obtain an L-1 visa from a U.S. consulate in order to re-enter the United States.
As no visa can be issued from within the United States most applicants ultimately end-up taking their approved L-1 Petition to a U.S. consulate and obtaining an L-1 visa. Only applicants who “change status” to L-1 status and then never leave the United States do not have to apply for a L-1 visa at a consulate.
With multiple presences in the U.S. and a presence in Rome Davies & Associates are well equipped to assist Italian L-1 visa applicants.
Obtaining Permanent Residency, a “Green Card” as an L-1 Visa Holder
There are a number of ways for the holder of an L-1 visa to obtain a “green card” including:
- The EB1(c) Mechanism
- EB5 Visa
- Exceptional Worker (EB1)
- Other work-Based Applicants.
- Family Visa Applicants
One of the most commonly used ways to obtain a “green card” for an
L1-A visa holder is the EB1(c) mechanism. While the requirements for obtaining
an EB1(c) “green card” are broadly similar to those for L1-A visa
issuance the standards applied are much hirer and stricter. Click here to learn
more about EB1(c) “green cards”.
A number of our clients come to the United States and establish a business. Shortly after receiving their L-1 visa they apply for an EB5 visa for Italians.
There is nothing to prevent an L-1 visa holder form applying
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;
- You must have held your “green card” for the entire five year period;
- You must have maintained your status as a U.S. resident for this five year period;
- 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;
- 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
- You have been physically present in the United States for two and one half years of the total five-year period.
Contact Davies & Associates Offices in Italy
Check all of our locations around the world.
Piazza Gentile Da Fabriano 3 Rome, Italy 00196
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Corso Vittorio Emanuele II, n. 15 Milan, Italy 20122
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Piazza Gen. C.A. Dalla Chiesa n. 3 43121, Parma, Italy
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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.
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.
Outstanding Immigration Attorney: Highly Recommended! Rating: ⭐️⭐️⭐️⭐️⭐️ (5/5) I had the pleasure of working with Verdie Atienza and his team at Davies & Associates , a top-notch immigration attorney in the United States. Their professionalism, expertise, and dedication throughout the process were exceptional. With in-depth knowledge of immigration law, they provided accurate advice and addressed all my concerns, instilling confidence. Verdie Atienza and his team meticulously reviewed my documentation and maintained excellent communication, keeping me updated regularly. What sets Davies & Associates apart is their unparalleled attention to detail. Communication with Verdie Atienza and his team in USA and Sukanya Raman in India was always prompt and efficient. They promptly returned my calls and emails, providing regular updates on the progress of my case. This level of responsiveness and transparency significantly reduced my stress levels, as I knew I could rely on their support and guidance throughout the entire process. Their personalized approach, ethical conduct, and genuine care for my success made them an outstanding attorney. I highly recommend Davies & Associates for all your immigration needs.
Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.U Visa Applicant, A Victim of Crime
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