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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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Get Help With Your Application For Naturalization

The process of naturalization is the most common path for people who were not born as citizens of the United States to gain US citizenship. Completing the application for naturalization (or USCIS form N-400) and successfully demonstrating that you meet all the eligibility requirements can be time-consuming and complex, and the process is likely to go more smoothly if you’re working with an experienced immigration attorney.

Application For Naturalization Overview

Once you’ve reviewed and believe that you meet the eligibility criteria for naturalization, the process begins with filing your application and ends, in the best case, with you swearing the Oath of Allegiance and receiving your Certificate of Naturalization. The length of time needed for the entire process depends on your particular case and on the caseload of the service center you’re working through. Currently, USCIS estimates an average of 6 months, from the date your application is filed, though that time can vary significantly.

  • Application – If you are at least 18 years old and have been a legal permanent resident for at least five years (three years if you are married to a US citizen), and you meet other eligibility requirements, like a clean criminal background check, and successful scores on the English language and citizenship testing you may qualify for naturalization. After you submit your USC IS form N-400 and the required documentation to support your application, you’ll be able to get an estimate of processing time and status of your application online. 
  • Biometrics – After your application is reviewed and found complete, you’ll get a notice advising you of an appointment for biometrics. This is when you will be photographed and fingerprinted and will consent to an FBI criminal background investigation.
  • Interview & Testing – Once your biometrics have been successfully processed, USCIS will schedule you for your naturalization interview, English language testing and civics test.
  • Oath Ceremony – The final step in the process is attending a ceremony to swear the Oath of Allegiance and receive your Certificate of Naturalization. When those two things are done, you are immediately recognized as a US citizen.

Naturalization Issues:

If you have ever been arrested or convicted of any crime you should consult an attorney before filing an application for naturalization. Even if there is no conviction, arrests and certain conduct can pose serious issues for applicants. Other factors that may impact the success of your naturalization case may include divorce, failure to disclose important information such as children during the green card application process, physical presence requirements or issues relating to green card abandonment.

An Experienced Immigration Attorney Can Smooth The Way 

If you’re getting ready to apply for naturalization, or your application has been denied and you need help moving forward, the immigration attorneys at the Kissimmee Law Firm of Overstreet Law, P.A. will work with you to get your application file properly. Contact us for a confidential consultation and we’ll give you a clear picture of how we can help.

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The Never-Ending Immigration Scam: Notario Fraud

Notario fraud has been a problem for decades. This type of fraud occurs when individuals represent themselves as legal professionals, but are not actually admitted to practice law in a jurisdiction in the United States. In Florida, as with other states, it is a felony for a non-attorney to practice law without license. Individuals of Hispanic descent are particularly susceptible to notario fraud due to language issues surrounding the use of the terms “notaria”, “escribano” or “notario public.” It is actually illegal in Florida to utilize these terms due to the confusion they create. Unlike many Spanish speaking countries, where notaries serve specific legal functions and may receive legal training, notaries in the U.S. receive no such training and are authorized to perform very limited functions. They are not attorneys and may not represent individuals in immigration or other legal proceedings. Sadly, immigrants are common victims of notario fraud often perpetrated by their fellow countrymen.

What Is Notario Fraud?

“Notarios” and “immigration consultants” are individuals who do not have law degrees, yet offer their services to immigrants in need of legal advice and representation. They rely on false advertising and fraudulent contracts to gain clients then leave those clients in the lurch. Sometimes, notaries charge fees but never perform the service. In other cases, they miss deadlines, file forms incorrectly, or damage their clients’ case in some other manner.

Victims of notario fraud can lose their chance to pursue immigration relief because of the notario’s actions. By then, of course, the notario is long gone and the immigrant is left in a worse situation than when the whole process began. Notario fraud often goes undetected until the immigrant realizes the damage that has been done and consults an immigration attorney for help. By then they could be in a dire situation and be out the hundreds or thousands of dollars that they paid to the notario.

A Language Gap

Part of the problem can be attributed to a language gap. “Notario publico” translates to notary public. Here in the United States being a notary public only gives the person the authority to witness signatures. However, in other countries, particularly Latin America and Europe, the term means something very different. In those countries a “notario publico” is someone who has the equivalent of a law license and can legally represent others before the government.

Immigrants, used to the laws of their own country, naturally gravitate towards what they know and they know a “notario publico” can help them with legal matters. Unfortunately, many unscrupulous individuals take advantage of this and swindle immigrants.

Always Consult An Immigration Attorney On Immigration Matters

The single best way to avoid immigration problems is to make sure the individual you are consulting is a qualified immigration attorney who is licensed to practice immigration law in the United States.

If you need assistance with immigration matters in Florida, contact an immigration attorney at Overstreet Law, P.A. in Kissimmee, FL at 407.847.5151 or arrange a consultation online.

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