The L1 visa and L1b Visa:
Everything the Indian L1 Visa Transferee needs to know

The L-1 visa is a nonimmigrant work visa that gives a successful visa applicant the right to live and work in the United States.
Every month of the year, Davies & Associates assists businesses from Mumbai, Delhi, Bangalore, Hyderabad, Punjab and other regions of India open a business in the US.

We assist foreign companies with strategies to bring owners, key employees and intracompany transferees to the United States using the L-1a visa, L-1b visa and other nonimmigrant visas.

Our immigration attorneys work with clients from multiple industries across India ands understand the unique issues facing Indian clients. We are also able to help orient you to doing business in the United States and to the applicable visa options available.

While managers and executives typically move to the United States on an L1-A visa, employees with specialist knowledge may be eligible for an L1-B visa.
An employer applies for an L1-B visa on behalf of their employee(s), the employee does not apply. To obtain an L1-B visa an employer will have to prove that:

(1) the L1-B employee's skillset is indispensable to their US business; and
(2) that the L1-B employee's skillset is also essential to the company's systems or products.

When obtaining permanent residency in the United States the choice between L-1a visas and L-1B visas and be of major importance. This choice needs to be part of your long-term US visa and immigration strategy.

Yes, L-1 visa holders are able to adjust status to permanent residency or “Green Card” status through a number of channels. These channels include:

• The EB1C visa for international managers and executives
• The EB2 visa for those with advanced degrees or of exceptional ability
• The EB3 visa for skilled worker
• The EB5 visa for investors

While the EB1C visa may not be available to those on an L1-B visa it is especially popular with L1A nonimmigrant workers.

Yes, under certain circumstances the owner of an Indian business can use an L visa to open and operate a new business in the United States.

Step 1 - Understanding Your Business

Obtaining a solid understanding of your business is the first step in the L1 visa intracompany transfer visaprogram. In addition to providing you with a business plan questionnaire, our India-based visa lawyers will often visit your Indian business

Step 2 - Is a Separate Immigration Business Plan Really Necessary?

Unless you are a very established or multinational business that can produce US tax returns a properly prepared business plan is completely critical. USCIS have confirmed this on a number of occasions. A guide to business plan preparation can be found be clicking on this link.

Step 3 - Business Entity Name Availability and Name Reservation

A foreign company looking to do business in the US will need to decide on a business name for their US Business. Names too similar to the names of other business are not allowed. Once you have decided on a business name our firm will then reserve that name so only you can use it.

Step 4 - Trademark Registration

Registering your trademarks and protecting them in the United States is a critical step to opening a successful business in the United States. Davies & Associates have specialist trademark lawyers who can assist with the trademark registration process.

Step 5 - ITIN Number

Most clients coming to the United States are well advised to obtain an Individual Tax Identification Number (ITIN). An ITIN number may be required to open a bank account and is helpful to obtaining other business registrations and licenses. An ITIN is also helpful in obtaining an employer identification number.

Step 6 - Structuring Your US Business

In order to be eligible to apply for an inter-company transfer visa the US business must be "related" to theIndian business. For taxation purposes it is critical that multinational companies and Indian businesses structure their US businesses with both US and Indian taxation considerations in mind. Common choices of business entity include partnerships, LLCs, C-Corps and other forms of corporation.

Step 7 - Business Formation and Registered Agent (Visa Required?)

Davies & Associates will establish your US business and apply for all of the necessary licenses and permits. The documentation from this step is required both for your L visa application process and to open a business bank account in the United States.
Usually, USCIS and the consulate want to see that all necessary licenses and permits are in place before a visa is issued. For some licenses a visa may be required, in those cases our firm will assist you in address the issue.

Step 8 - EIN and State Employment Registration

Every business in the United States requires an employee identification number (“EIN”). Davies & Associate’s business lawyers will assist you to obtain and EIN. In addition to the EIN we will need to register you as an employer in the US State in which your business will operate.

Step 9 - Opening a Business Bank Account

Armed with your EIN and incorporation documents you should now be able to open a business bank account in the United States. We can assist if you have difficulties.

Step 10 - Find Business Premises

USCIS will want to see that you have businesses premises which are appropriate for the size and nature of your business. Our business lawyers will assist you to negotiate, and where necessary, draft an L1 visa compliant lease.

A business that has operated for less that twelve months is likely to be subjected to the “L1A Visa New Office Rules ”. A description of the “New Office Rules” can be found by clicking here.

The spouse and dependent family of an L-1 visa holder is eligible for an L-2 visa. An L-2 visa holder has the unrestricted right to live anywhere in the United States and work for any employer.

One of the most common questions is “How much time does L1 visa processing take?”
L1 visa processing times are the combination of two factors:
L1 Visa Processing Time = USCIS I-129 Processing Times + Consular Processing Time

USCIS Form I-129 Processing Times

Consular Processing Times

Make Sure your Indian Business is Compliant

The consulates in India will make sure your Indian business is in proper compliance and lawfully operating. Where there is any uncertainty an inspector may be sent to your Indian business premises. Have your Indian tax returns and applicable licenses, such as a Shops & Establishments Act license, available.

Moving Money out of India

You also need to plan how to move funds out of India to fund your new business. While many business owners are able to fund their US business within the limitation of the Reserve Bank of India’s (RBI’s”) Liberalized Remittance Scheme (“LRS”) other clients resort of other authorized money transfer rules that pertain strictly to Indian businesses opening branches and offices abroad.
Follow in this link for more on the RBI’s LRS transfer rules.

Document Job Descriptions in Great Detail

USCIS has heightened its scrutiny of job descriptions and roles. Every case requires a detailed job description not just for an L visa applicant but for their subordinates as well. The role of an L1A visa applicant must be described in great detail, a mere job description is insufficient.

Avoid Indian Consultants and Advisors

Indian consultants and advisors are not licensed US Immigration lawyers and are not authorized by the US government to offer immigration advice. Indian consultants are not familiar with the detailed provisions of US immigration law and regulations and cannot advise you on them.
Our firm is aware of myriad cases where a client has used an Indian consultant with links to a US law firm only to have their case denied. Agents are often trying to sell a US business or franchise should and caution should be exercised.
A US L-1 visa immigration lawyer has been through years of training and is professionally licensed to offer you immigration advice. US Immigration Lawyers are also members of a professional bar association for immigration lawyer, and are often Members of the American Immigration Lawyer Association. If a licensed US business visa lawyer provides you with bad advice or poor service you may have redress against them in the United States. There are currently no protections with Indian consultants and advisors who often make disastrous mistakes because they have no formal US legal training.

Insist Your Lawyer Takes the Time to Visit Your Indian Business

Understanding and documenting your Indian business is key. There is no substitution for visiting your business as part of the business documentation process.
We strive to distinguish ourselves based on quality and service. Our senior lawyers frequently visit our clients in India, this step is critical in understanding your business so it can be properly presented to the US government. L visas are frequently denied when filed by law firms who have no real understanding of a client’s business and have never bothered to visit it.
We want to ensure that you have a seamless and efficient move to the US. For that reason we engage a team of experts who can assist you with everything needed to establish yourself in the United States. Most US immigration firms do not have specialist business plan teams and international tax experts to assist you

India is a nation of entrepreneurs and business owners, many of whom seek their fortunes overseas. Click here for more information about Immigration Options for Indian Nationals and Businesses

Unless you are applying for a blanket L1 Visa the first step in obtaining an L1 visa involves your employer filing form I-129 with USCIS. Once form I-129 is approved you will need to obtain an L visa in the applicable consulate.

While the application processes at different US consulates varies all banket L1 visa applications need to be made in Chennai.

Apply for an L1 Visa in India:

• Apply for an L1 Visa in Chennai.
• Apply for an L1 Visa in Mumbai.
• Apply for an L1 Visa in Delhi.
• Apply for an L1 Visa in Hyderabad.