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An Overview Of L-1 Visas And Who Qualifies For Them

The L-1 Visa makes it possible for international companies to move key employees like managers, executives, and professionals with specialized knowledge to offices or facilities in the U.S. There are two types of L-1 Visas available depending upon the scope and requirements of the employee’s work. The criteria for each type are exacting and somewhat complicated. Making a successful application for an L-1 Visa depends largely on a strong demonstration that the job in question requires an executive, manager or specialized knowledge employee and, further, that the foreign employee your company is seeking to transfer has the requisite qualifications to serve in the position.

L-1A Visas For Managers And Executives

Under immigration law, an applicant for an L-1A Visa must be primarily engaged in a managerial role in the company. This includes supervising and directing the work of professionals, supervisors, or other managers, and having the authority to hire, fire, grant promotions, authorize leaves of absence or have the power to recommend such actions. Holding the title of manager, especially with front-line management duties, is not enough to qualify; the employees under supervision must be professionals, supervisors, or managers, not “rank and file” employees. L-1A Visas are granted in increments of 2 or 3 years and can be renewed up to 7 years total. 

L-1B Visas For Professionals With Specialized Knowledge 

The legal definition of “specialized knowledge” for immigration purposes is somewhat different from what is commonly understood as specialized. To apply for an L-1B Visa, a foreign employee must have knowledge that cannot easily be transferred to another person without significant economic impact to the employer. Further, it must be demonstrated that the job requires this knowledge. A successful L-1B application will demonstrate that an employee’s expertise goes beyond that of their peers. For example, advanced knowledge of proprietary systems or unique methodologies used by the company. L-1B Visas are issued in or 2 or 3 year increments and can be valid for a total of 5 years.

Get Experienced Legal Help With L-1 Visas 

The application process for L-1 Visas can be intimidating, and presenting the strongest possible case for an L-1A or L-1B Visa takes experience. Call the immigration attorneys at Overstreet, Miles, Cumbie & Finkenbinder for a consultation, and we’ll explain how we can help your company make the best legal arguments possible in L-1 Visa applications for your employees.

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The EB-1 Extraordinary Ability Green Card

United States immigration laws allow people who demonstrate exceptional or outstanding abilities in their fields of expertise to apply for a Green Card based on their extraordinary abilities. Green Cards based on extraordinary ability fall into the first employment-based preference category (EB-1) and provide a great opportunity for qualified applicants to become permanent residents. Demonstrating that you qualify; however, can be a challenging and time-consuming process.

How Is The EB-1 Green Card Different?

The EB-1 Green Card is considered an employment-based immigration visa, though the people who qualify for an EB-1 Green Card don’t require a specific job offer awaiting them in the United States, as with other types of employment-based Green Cards. Applicants must demonstrate that they have extraordinary ability in their field and that they intend to work in that field once in the United States.

What Qualifies A Person For An EB-1 Extraordinary Ability Green Card?

People who have reached the top of their professions or fields may be qualified to apply under the EB-1 program. Almost any field or profession can qualify. Common fields for approved EB-1 Green Card applicants include artists, musicians, performers, athletes, scientists, engineers, business professionals and medical professionals, but that’s not an exclusive list by any means.

In general, applicants for EB-1 Green Cards need to demonstrate their extraordinary ability by proving that they’ve been recognized with national or international prizes or awards, such as a Nobel Prize, or by giving evidence that they satisfy at least three of the following requirements:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in professional associations that demand outstanding achievement of their members
  • Published material about you in professional or major trade publications, or other major media
  • Serving as a judge of the work of others, either individually or on a panel
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles published in professional or major trade publications or other major media
  • Artwork displayed in professional exhibitions or showcases
  • Performance of a leading or critical role in distinguished organizations
  • High salary or other significantly higher remuneration than others in the field
  • Commercial success in the performing arts

Get Help Applying For An EB-1 Extraordinary Ability Green Card

Successfully demonstrating that you qualify for an EB-1 Extraordinary Ability Green Card can be a confusing process that demands a great deal of time and tiresome detail. Working with an experienced immigration attorney can help you stay on top of the voluminous paperwork and exacting deadlines involved. The immigration lawyers at Overstreet Law, P.A. will put their experience to work for you, to give you the best possible chance of a successful petition. Call or contact us online for a confidential consultation.

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When Is It A Good Idea To Hire An Immigration Lawyer?

For some people, applying for an immigrant visa or a Green Card is a straightforward process, and they may decide to handle the matter on their own. For many more people, though, the process involves questions and complications. Whether you’re applying for immigration documents for yourself and your family, or you’re an employer trying to hire a foreign-born person who has the skills and experience you need, you may find that hiring an immigration attorney will help you navigate this complicated system with more success than going it alone.

For People Seeking Immigration Documents 

There are several types of Green Cards available to people who want to immigrate to the United States, and some people qualify for more than one kind of category. It’s not always obvious which will ultimately be best for your specific situation. An experienced immigration lawyer can help determine the best category with greatest chances of success and help navigate this often complicated process. Situations where you will definitely want to talk to a lawyer include:

  • Applications based on family ties where relationships have changed, like divorce or separation, or a child born out of wedlock;
  • Applications for people who have been arrested, charged with a crime or convicted of a crime;
  • People who are facing deportation proceedings;
  • Applications that were previously denied.

For Employers Trying To Hire Foreign Nationals

If you’re an employer and you want to sponsor a worker who is a foreign national for a Green Card, there are very specific (and complicated) rules you have to follow. The labor certification process (PERM), for example is extremely complex, time-consuming and fraught with challenges. From including the required language in job advertisements placed in approved outlets through correctly completing the paperwork on a rigorous set of deadlines, there are many ways to make a tiny mistake that could cause the application to be denied. Many employers find it well worthwhile to hire an immigration attorney to guide them through the PERM process for the best chance at a successful outcome.

Consult An Immigration Lawyer In Kissimmee

If you’re confused by your options or by the paperwork required for your application you should consult a qualified immigration lawyer. Many people mistakenly believe that immigration officers or immigration consultants are able to provide the same information or services that attorneys provide on a daily basis. Consultants and other non-lawyers do not receive formal legal training at accredited U.S. law schools, they cannot legally provide immigration advice, there is no requirement that they act in your best interest, they are not required to keep your personal information confidential. Indeed, non-lawyers are not subject to any regulation or oversight by any professional association or state agency. If you’re uncertain on how to proceed or you have questions, the immigration lawyers at Overstreet Law, P.A. will be happy to speak with you. Give us a call or contact us online for a confidential immigration consultation and we’ll let you know how we can help.

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