Common Issues Regarding L1 Visa and How to Deal with Them
L1 Visa is a powerful option for people interested in working and living in the United States. With all the advantages it offers, it no surprise that many people are interested in obtaining one. It needs to be said that this is not the only vise of this type, many professionals around the world are also looking for H-1B visa. Those who are lucky enough to obtain it will be known as intracompany transferees. The difference between these two is that L1 is delivered to experts who are already employed in a foreign country.
Basically, the process can be described as moving to another office, in this case, American. We can see that the need for this one surged in the last couple of years. At the same time, we can see that denial rates are growing year by year. As is the case with all visa classifications, not every applicant will get approved. Therefore, it is of the utmost importance to stay up to date with all the most important aspects. If you would like to learn more about this Visa, you will need to find a way of how to get more information.
Now, we would like to talk about some of the commonest issues you will probably come across when applying for L1, and what you can do to get the best possible solution out of it. Without further ado, let’s take a look at some of these.
1. Not Meeting Standards and Requirements
One of the first factors you will need to have an insight into is that both employer and employee need to meet certain requirements. If these two parties are unable to present the immigration office with qualifications that meet this standard, it will end in their application being rejected. When it comes to the employer, requirements revolve around a company doing business both in the US and another country.
Now we will present you with these:
- An employer needs to be either parent or the partner of a foreign company.
- The company needs to do business both in the US and at least one foreign country.
With that in mind, let’s take a look at a requirement placed in front of employees:
- The employee needs to serve in either managerial or executive capacity.
It means that the employee needs to be a part of the management and it needs to have the capacity of making a decision that requires almost no supervision from members of the staff who are higher up in the organization. It needs to be said that this reason for the denial of the application can be avoided only by meeting all of these requirements and there is no other way around it.
2. Wage Construction
The next potential issue we would like to address is the question of wage construction. We can see that this kind of issue is not only common for L1 applicants, but also many others. For example, the immigration office will have an insight into employee’s salaries. If that amount noted in a report doesn’t complement the average wage in the industry for that position, the application will be rejected instantly.
Thankfully, this is something that can be avoided relatively easily. The employer needs to match the wages with the physical position of the planned employment. Furthermore, we can see that providing some supporting evidence can be crucial in the journey of obtaining this visa. Therefore, before an employee needs to gather all the documents crucial for this case and present them to the immigration office.
When it comes to the side of the employer, the company will need to provide proof that their organization is already a big one, or it will get bigger in the future, both structural and financial. But a company needs to be careful about what are the projections that will be placed in front of the immigration office. By providing some projections that are not realistic, the application will be denied immediately.
3. Not Representing Particular Knowledge
Last but not least, we would like to address the question of specialized, or particular knowledge in a certain field. The situation is pretty much the same with almost all sorts of visas. It needs to be said that this question became particularly important in the last couple of years. The reason is that there are movements that are in favor of supporting Americans and favoring them over foreigners.
Therefore, it isn’t hard to presume that the foreigner will need to demonstrate exceptional skills that are not only important for the organization in present but also, for the future of the company. Based on what is presented in front of an immigration office, we can see that they will determine whether there is an American who can perform these tasks.
It’s needless to say that not being able to present this kind of knowledge will end in denial. An applicant needs to represent their virtues and skills in a way that will cause a positive reaction. So, you can understand that the best way for an applicant to do that is to work with a lawyer who can provide some quality insights.
How Much Time You Will Need to Wait for L1?
When it comes to the time an applicant will need to wait for a decision depends on how much time will be spent on gathering all the documents. When this process is done, the time for an ultimate decision can go between a couple of weeks and a couple of months. In case the applicant opted for premium processing, the final decision can be presented in just two weeks.
As you can see every visa comes with its own set of standards needed before an application can be ruled positively. Therefore, it is of the utmost importance to have an insight into all the potential scenarios. Plus, knowing how to avoid these situations wouldn’t hurt. Here, we’ve provided our readers with the commonest problems and issues they will face and how can they be avoided. We are sure you will find them helpful.