http://www.recoblaw.com | Employers seeking L-1 visas for overseas managers and skilled workers face an uphill battle thanks to a recent increase in scrutiny of these visas. An immigration attorney can help multinational companies get the people they need in the positions they need them in by ensuring all documents are submitted properly and by working with immigration officials.
2. Overview
In recent years the U.S. government has been reviewing L-1 visa
petitions more stringently and rejecting them more often. The rejection
rate appears to disproportionately impact Indian workers and
executives seeking to come to the U.S. on a L-1A or L-1B visa. Companies
seeking L-1 visas for their employees should hire the services of an
experienced immigration attorney to help expedite the L-1 process and
improve the likelihood of approval.
3. What Is A L-1 Visa?
• A L-1 visa is a visa allowing multinational corporations with a
presence in the U.S. to bring executives and employees with
specialized skills here to work.
• There are two types of L-1 visas – L-1A visas for executives and L-1B
visas for skilled employees.
• L-1 visas are typically only used over the short term, but in some
cases can be extended up to seven years (L-1B visas are extendable
only for up to five years).
• L-1 visa holders can pursue a green card.
• L-1 visas are applied for by employers. Employees must have worked
for the employer for one year of the past three to qualify.
4. Increased Scrutiny
In recent years, the federal government has
become more strict about issuing L-1 visas.
•Between 2007 and 2011, rejection rates
for L-1A visas grew from 8 percent to 14
percent.
•Between 2007 and 2011, rejection rates
for L-1B visas grew from 7 percent to 22
percent.
•Requests for Evidence (RFEs) have also
increased, significantly delaying approval,
even for workers who make the cut.
5. RFE Growth
• Requests for Evidence for L-1A visa
petitions grew from 24 percent in 2007
to 51 percent in 2011.
• Requests for Evidence for L-1B visa
petitions grew from 17 percent in 2007
to 63 percent in 2011
• RFEs can add months to the immigration
process, severely hindering companies
that need to place employees in
important positions.
6. Petitions from India
Often Rejected
Petitions from India make up a large number of L-1
petitions, so it stands to reasons a growth in denials
will affect many. Nevertheless, the growth in the
denial rate for Indian petitions seems to have grown
disproportionately.
The top countries for L-1 rejection are:
•India – 13.4 percent
•France – 6.1 percent
•China – 3.6 percent
•Mexico – 3.6 percent
•Germany – 3.2 percent
7. How L-1 Problems
Hurt Your Business
Trouble with L-1 visa approval can negatively
impact your company in several ways,
including:
•Delaying important projects.
•Running up labor costs, as companies must
hire temporary employees with special skills.
•Impacts on quality as key managers with
specialized knowledge will be unavailable for
projects until their immigrations status is
resolved.
8. How An Attorney
Can Help
Immigration attorneys can assist
companies seeking L-1 petitions by:
•Evaluating employees to see if they’re
good candidates for L-1 visas.
•Helping to prepare all paperwork for
review by immigration officials.
•Responding to REFs by immigration
officials.
9. How An Attorney Can
Help (contd.)
• Preparing employees for
interviews by immigration
officials.
• Appealing adverse L-1 decisions.
• Taking rejected appeals to court.
10. About The Law Office of Samira Recob
Denver attorney Samira Recob is an experienced
immigration attorney who has helped many
businesses get L-1, H-1 and other visas for their
employees. Recob also specializes in family
immigration law, assisting individuals and their
loved ones come to the U.S. legally. For a skilled and
capable immigration attorney who can help with all
aspects of the immigration process, Samira Recob is
the right choice. For more information, Visit
http://www.recoblaw.com/.