L-1 Visa Attorneys in Cincinnati

Serving Warren County, Butler County, & Surrounding Areas

The L-1 visa is a nonimmigrant visa that allows U.S. employers to transfer qualified employees from a foreign office to a U.S. office. Alternatively, these foreign workers could obtain the L-1 visa and come to the U.S. specifically to establish a U.S. location. Full-time employment is NOT required while in the U.S. on an L-1 visa, and there is no prevailing wage requirement.

Requirements for a L-A Visa Holder

The prospective L-1 visa holder must be:

• Employed by a U.S. firm, corporation, or other legal entity (or its branch, affiliate, or subsidiary). This includes profit, nonprofit, religious, and charitable organizations.
• Additionally, the L-1 visa holder must either work in a capacity that is managerial or executive (L-1A), or must hold a position that involves specialized knowledge (L-1B).

At The Fleischer Law Firm LLC, our L-1 visa lawyers can help you navigate this application process and accomplish your business goals as efficiently as possible.

Learn more about the L-1 visa process by calling (513) 880-9969 or sending us an online message. We have 40+ years of experience that we are fully prepared to apply to your case.

Qualifying Organizations & the 1-Year Requirement

Prior to their L-1 application, a foreign worker must be employed continuously abroad for 1 of the past 3 years by the parent, branch, affiliate, or subsidiary of the U.S. company. This requirement cannot be met by working part of the year. It also applies to blanket L-1 visa employees.

Here are a few more things to know about the 1-year requirement:

• Working in American Samoa or another outlying possession is sufficient
• A combination of part-time employment can be sufficient, so long as this work is for affiliated companies
• Time spent in U.S. will not interrupt the 1-year requirement
• More than 3 years spent in the U.S. in another status will not interrupt the one-year year requirement, so long as the companies have a qualifying relationship (e.g., parent-subsidiary)

Joint ventures in which there is control but less than majority ownership may be sufficient to qualify the relationship as subsidiary/affiliate for L-visa purposes. Contractual relationships are generally not sufficient to establish the necessary relationship. For ownership by a common group, each individual in the group must own approximately the same share or proportion of each entity to qualify as an organization for purposes of an L-visa.

Factors to determine a qualifying relationship include:

• Common name
• Regular sharing and exchange of personnel
• Cross directorship
• Size and general recognition of organization
• Sharing of technical, financial, and research skills

There are only limited circumstances in which an employee who is in L-1B (specialized knowledge) status may be outsourced to another company. USCIS requires the L-1B employer to retain ultimate authority over the worker.

The Doctrine of Dual Intent

The “Doctrine of Dual Intent” means that, even though a nonimmigrant must demonstrate their intent to remain in the U.S. temporarily, they may have both a short-term intent to leave and a long-term intent to remain permanently. In other words, your ultimate goal may be to become a lawful permanent resident, but this will not interfere with your short-term plans to leave if and when your visa expires.

Ready to get started on your L-1 visa process? Call our legal team at (513) 880-9969 or reach out to us online. We can begin with a complimentary case evaluation.