L Visa

L1B “Specialized knowledge employee”

L-1B 1A few weeks ago President Obama signed several immigration memos directing certain actions be taken.  We have provided an overview of each memo several weeks ago.  This article will discuss President Obama’s memo to clarify the criteria for an L1B specialized knowledge employee.  While it has been a full month since the memos were announced, there has not yet been any clarification.  Unfortunately this does not do immigration lawyers and their clients ready to file L1B specialized knowledge cases much benefit.  The decision is to either wait for the memos to come out and restructure the cases as needed, or to just file and make future adjustments if necessary.

What is L-1B visa? Who is it for?

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.

L1B employee must prove to have “Special or Advanced Knowledge”

Due to inconsistent decisions made in past precedents by the Immigration department, L1B cases are very challenging and unfortunately cause a lot of adjudication problems.  The primary issue is what is “specialized knowledge”?… Continue reading...

Posted in Immigration Lawyer Blog, L Visa | Tagged , |

Non-Immigrant Visas for Entrepreneurs

Investor Visa - U.S. Immigration Lawyer

While reviewing the USCIS Entrepreneurs in Residence Program visa guide webpage, I became concerned that some may get the wrong idea.  The website indicates that the following visas are appropriate for Entrepreneurs:

  1. B1 Business Visa
  2. F1 OPT
  3. H1B Visa
  4. O1 Visa
  5. L1 Visa
  6. E2 Visa

For entrepreneurs, I agree that an E2 visa is generally an appropriate visa however the other visas really aren’t intended for investment and entrepreneurship.  Practically speaking, they are actually risky visas for entrepreneurship and put entrepreneurs at risk not only for their having the visa petition denied, but losing their investment and businesses after they have been started.

As an immigration lawyer and owner of a law firm, I consider myself an entrepreneur and small businessman.  So working with foreign entrepreneurs has been something very near and dear to my heart.  Below is some of my thoughts regarding these options for investors and entrepreneurs.

1. B1 Business Visa – Its very common for an entrepreneur to come to the US an B1 for business meetings, look for office space, conduct due diligence, meeting with potential employees, investors, vendors, and clients.… Continue reading...

Posted in E Visa, H1B Specialty Worker Visa, Immigration Lawyer Blog, L Visa, Non-immigrant Visa, O Visa, Student Visa | Tagged , , , , , |