Myths associated with L-1 Intracompany Transfers
myth five: “the usa corporation have to be buying and selling for at the least one (1) year earlier than my foreign organisation can transfer me to it on an L1 visa.”
The reality: This is not the case beneath the unique L-1 “New office” guidelines. The “New office” rules permit an man or woman employed with the aid of an affiliated employer overseas in a managerial, govt, or specialized information ability to be transferred to a latest united states of america corporation to begin the operations of the business enterprise.
The L-1 visa underneath the “New workplace” policies can be issued for up to at least one (1) yr to start with, and america corporation need to exhibit in its petition that the transferee could be in a role to step away from any obligations inside the set-up of the employer that are not strictly managerial, executive, or that do not require specialized expertise, by means of the end of year one (1).You can get uk visa application status easily.
A reverse version of this myth indicates that the transfer can arise even earlier than the established order of america business enterprise. In actuality, whilst the L-1 visa can be issued to a transferee starting off operations, USCIS should be glad in reviewing the visa petition that there is an already-set up usa entity prepared to acquire the transferee. To facilitate the visa procedure, our law company regularly assists foreign agencies on this preliminary status quo of the usa, which we cope with along side the education of the visa petition to avoid needless delays.
fable 6: “i am paid as an independent contractor, no longer as an employee, so i’m now not eligible to transfer to the affiliated u.s.a. corporation.”
The fact: you can still be eligible. Contractors that work completely for the overseas corporation, but are paid as contractors actually for payroll reasons, may additionally nonetheless be transferred to the affiliated u.s. organization on an L-1 visa, if otherwise eligible. during our initial session with you or the contracting enterprise, we’d talk extra about your function to make certain that it qualifies. also, if you do now not meet the requirements for the L-1 visa, we are able to speak different capacity alternatives.
Myths related to crook Arrests and Convictions
fantasy 7: “i have a criminal file. i’m required to apply for a visa before travelling to the usa.”
The truth: It depends on the record. This delusion maximum normally arises in relation to impeach B. at the electronic machine for journey Authorization (“ESTA”) required to tour to america. question B asks:
have you ever ever been arrested or convicted for an offense or crime related to ethical turpitude or a contravention related to a managed substance; or had been arrested or convicted for two or more offenses for which the mixture sentence to confinement changed into five years or greater; or have been a managed substance trafficker; or are you searching for access to engage in crook or immoral sports?