What to Do if Your L-1 Visa is Denied

What to Do if Your L-1 Visa is Denied

Many companies today require the skills of temporary, overseas workers to remain competitive. The L-1 visa was created by Congress in 1970 to give companies that have operations in several countries a way to move personnel to the U.S. to work on a temporary basis.

The U.S. Citizenship and Immigration Services (USCIS) requirements for L-1 visa applicants include:

• Must be a manager, executive or a “specialized knowledge” employee working for a foreign business entity;
• Must have worked overseas for at least one continuous year in the past three years;
• Must work for a foreign business entity that has a qualifying relationship with a U.S. company; and
• Must have sufficient physical space secured for a new office.

If your L-1 visa has been denied, you have 30 days to either appeal the decision or file a motion to re-open your application. You should consult with an immigration attorney to help you review your case and determine why the application was denied. There are many factors that are open to interpretation by the USCIS, which is why it is critical to submit an application that is detailed and thorough, and leaves as little room as possible for a false interpretation of your qualifications.

For example, when filing an L-1A petition, it is critical to clearly define whether the executive/manager’s role is a functional or personnel role. Just listing job duties will not necessarily tell the right story; you must also demonstrate where the applicant fits into the corporate management structure.

When filing an L-1B petition, it should detail the applicant’s specialized knowledge and how that knowledge was obtained. It should also delineate how the applicant’s expertise differs from others in the company or industry and how that expertise impacts the company. In addition, the petition should focus on why it is necessary to have this specialized knowledge in the U.S., and how it provides an advantage for the company to have this expertise or what might happen to the business without it.

The attorneys at Jurado & Farshchian, P.L. can assist with your business immigration or residency issues. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.

The post What to Do if Your L-1 Visa is Denied appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.