Suppose a person who meets the requirements of L-1 (that is, he is an employee of a foreign company that has opened a branch here) has a tourist visa refusal in his luggage.
Can he still apply for an L-1 work visa?
Elizaveta Samorukova has had such cases in her practice when people were denied tourist visas. With these types of visas, the main criteria is evidence of a connection with the homeland, that the person will not leave or immigrate.
The L-1 visa has two intentions. One is a temporary visit for work. The second is to potentially immigrate. This is not punishable at the embassy.
If a person meets all the requirements, and not just that the employer offered him employment, then his chances of obtaining such a visa are much greater than obtaining a tourist visa again.
The rejection of a tourist visa should not disappoint a person because there will still be chances to get an L-1.
Are there businesses that are more likely to be granted an L-1 visa?
There is no list of preferred businesses for immigration. However, lawyers see those businesses for which such visas are not issued: for example, ordinary construction or repair work without any additional services; businesses that do not require highly qualified personnel, that is, people with higher education are not needed. But, if you need more ideas about businesses, it is better to go to business brokers like INVMAG who have experience in dealing with immigration cases and they have specific experience in finding businesses that qualify for immigration.
There are two scenarios: a new office (opening a business from scratch) and an old office (buying a ready-made business).
Read in our article the story of obtaining a visa through the purchase of a restaurant.
What are the advantages and disadvantages of these scenarios on the way to getting a green card?
For a new business "from scratch", a visa is given for 1 year; when buying a ready-made one – for 3 years.
A new venture is the most economical way. You open a company – you do not need to buy a business for hundreds of thousands of dollars. At the same time, you must develop a business of up to 5 employees per year. Then you can get an extension.
From the point of view of a ready-made business, you acquire it. It already generates a certain profit, has certain incomes, turnovers, employees already work there. You don't need to develop it from scratch. It is already ready and self-sustaining, at least. Then you get a visa immediately for 3 years.
The biggest difference is in the case of applying for a green card. In the case of a visa for a year, the business needs to be developed, then the visa should be extended. Then hire employees to make the business work for a year, show profit, show at least 8 employees who have been working in the state for more than a year. Only then can you apply for a green card.
In the case of a ready-made business, you must show that the business is already self-sustaining, profitable, there are turnovers, account movements, and employees who have been working in the state for more than a year. And as soon as you receive an L-1 visa, you can apply for a green card almost immediately if the documents are ready, meaning within a month or two months. The advantage of a ready-made business is that there are fewer risks that will challenge a person’s ability to achieve the green card goal.
Is there a minimum required profitability of the company?
The annual profitability of the company must cover at least one year of the salary of an employee who is issued a green card.
If a business that was created from scratch does not show such a result by the end of the year, then you will not receive a green card for such an enterprise.
What should be the duration of the existence of American and foreign companies?
Both companies must exist for at least a year. What does existence mean? It does not mean a nominally open company. Vigorous activity is implied: taxes are paid, bank accounts are paid, employees in the state have worked for a salary for at least a year, and there is movement of products.
T to: Itmandatory, for foreign companies it depends on the country.
Read about the process of obtaining an L-1 visa in our article.
