On average, it takes 4 – 12 weeks for Bay Immigration Law to prepare an L-1A case to file with United States Citizenship and Immigration Services, and some additional time to help prepare for the visa interview at a U.S. Embassy or Consulate abroad. Depending on the particulars of your situation, and on the requirements of the business (whether you are transferring the employee to an existing business or establishing a new one), in general, the process is as follows:
We have an introductory phone call and go over your plans, requirements, and the documentation/information that will be necessary to proceed.
We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.
Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.
Depending on whether you are transferring an employee to an existing business or to start a new affiliate in the United States, we will take the necessary steps to ensure that you have or can provide the necessary documentation to establish the appropriate petitioner (your company) for the case.
On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and evidence, to create a complete Packet.
Once everything is complete, we finalize the packet and ship it to USCIS. We will also send a copy to you directly.
If you are attending a Consular Interview, we will walk you through the process of booking a Consular Interview, and will prepare you for the interview a week or two prior to the interview.
No, the L-1A visa ties your employment to the U.S. affiliate.
Yes, any person can start a business in the U.S., however, only persons with proper authorization to work in the U.S. can be employed by that business. When you receive your L-1A, you can only work for the business which was the basis for your L-1A.
The transferring employee may bring a spouse and any unmarried dependent children under the age of 21, upon approval of their L-2 visa application.
Spouses of L-1A workers now automatically have unrestricted work authorization ‘incident to status’ without needing to apply to USCIS for any employment authorization document. Proof of that work authorization will be placed in the spouse’s I-94 as “L2S”.