What is L1 Visa – Employee Transfer?

 A US employer may transfer an executive, manager, or employee with specialised expertise from a foreign business or a UAE immigration lawyer that meets the requirements to the US entity using the L1 visa.

You can move employees to either an established US company or a brand-new company. The "new-office rules" allow you to open a business in the United States if you don't already have one there and to relocate employees.

As long as we can develop a qualifying relationship with your new US firm, it doesn't matter how big or what kind of business your current international operation is in.

There are two L1 visa categories:

• L-1B visa is for personnel with specialised skills
• L1-A visa is for executives and managers.
• Advantages of L1 Visa
• No limits. There are no yearly caps on the total number of visas that can be issued for a given country, unlike certain other visa categories.
• L1 visa processing is quick. The typical processing period is three to six months. By paying an extra cost, Premium Processing is furthermore accessible. USCIS is obligated to react within 15 business days when using the premium processing.
• Family. The L-2 visa allows L1 visa holders to bring their wives and dependent children to the United States.
• Work Permission. The right to work in the US is provided to spouses, allowing them to work for any US firm.
• Tax benefits. Since the L1 visa is a non-immigrant visa, your worldwide income should be exempt from taxes.

Change to a green card - Through the L-1A visa category, it is feasible to get a Green Card. The L1-A requirements are quite similar to the EB1C requirements for multinational managers or executives.

For whom is an L-1 visa appropriate?

A company that has a certified US subsidiary, affiliate, or branch and wishes to move any of the following workers there:

• "L1A Manager and Executive Visa" holders who work as certain managers and executives for foreign companies
• "L1B Specialty Worker Visa" holders

What Is a Manager or Executive L1-A Visa?

A management or executive-level worker may relocate to the US with an L1-A visa with the help of an UAE immigration lawyer. The employee relocates to the United States from an overseas branch of the company: subsidiary, associate, or branch, to name a few.

Clear management duties and considerable power in the foreign and American firms must be documented by the L1-A petitioner.

If the US company has been in business for at least a year, the L1A visa is originally available for up to three years. The L1A can thereafter be extended for a maximum of seven years in two-year increments.

This is a New Office L-1A application if the US company has not been operational for at least a year.A New Office L1 visa has a one-year initial validity period.

The l-1a visa holder must move to another visa or return home after seven years. The EB1C visa grants qualified management and executive level personnel the right to permanent residency.

What Exactly Is A Specialist Worker L1B Visa?

Employees with specialised expertise can transfer to a US affiliate, subsidiary, or parent firm from an overseas office using the L1-B specialist worker visa.

The term "specialised knowledge" leaves a lot of room for interpretation. It is crucial to engage with a highly skilled immigration lawyer who can assist you in determining if you are eligible for an L1-B visa.

If you want to find out if you have a good case for filing for the L1B Visa, Davies & Associates offers free first consultations with an experienced L1 visa lawyer.

Maximum L1 Visa Validity Period L1A visas have a maximum length of seven (7) years, plus any time spent travelling outside of the US while on an L1-A visa (referred to as "Recapture Time").

The maximum period of an L-1 B visa is five (5) years including Recapture Time.

The need of illegal migration bill

 On June 29, the Court of Appeal determined that the Government's Rwanda policy, which involved sending certain persons who had applied for asylum in the UK to Rwanda to have their applications processed, was illegal. The Court's lack of conviction that Rwanda's asylum procedures are robust enough to qualify as a safe destination to transfer asylum seekers was the basis for this ruling. To determine whether to appeal the ruling to the Supreme Court, the Government has until July 6th. The Illegal Migration Bill, which has been created, among other things, to restrict or block access to court for asylum seekers on a fast track to Rwanda, is currently drawing to a close in the House of Representatives. You can know more by contacting one of the UK immigration consultants in UAE.

There are still concerns regarding access to justice more generally, in addition to the legality of the Rwanda policy, given the four ouster provisions in the Bill that aim to limit court examination of certain types of asylum claims.

The Illegal Migration Bill was released on April 24, 2023, and the House of Lords is now reviewing it. The Bill has drawn significant criticism on a number of different fronts, including:An apparent incompatibility with the Human Rights Act of 1998 (and, by extension, the European Convention on Human Rights), the undermining of regional devolution agreements, and a violation of the separation of powers, a liberal democratic principle. The Bill also violates the principle of parliamentary sovereignty (in the way it was passed), the rule of law by trying to circumvent the court's jurisdiction in a number of ways, and the European Convention on Human Rights.

Additionally, it has drawn the (very unfavourable) attention of the UN High Commissioner for Refugees, the UN High Commissioner for Human Rights, and three UN Special Rapporteurs (on human trafficking, children's rights, and migrant rights), among others. All of these individuals have criticised the Bill for being incompatible with a number of UK Treaty obligations.

Why then is the government so adamant about passing this law? In this blog, I'll look at why the Government's immigration and asylum policies are so important that it is ready to pursue them despite the concerns that have been raised about their contents on a national and international level.

The Government's stated goals for the Bill are to:

• reduce illegal immigration into the UK by eliminating the incentive for perilous small boat crossings;
• quicken the removal of individuals who don't have permission to be here; this will free up space so that the UK can better assist those who are really in need of refuge through safe and legal channels;

Ensure that the UK continues to support those in genuine need by pledging to relocate a particular number of the most vulnerable refugees in the UK every year. This will help prevent persons who enter the UK through unlawful and perilous routes from abusing modern slavery protections to hinder their deportation. The lawful immigration can only done through leading UK immigration consultants in UAE.

Since the United Kingdom exited the European Union (EU) on January 31, 2020, it has been excluded from the EU's mechanism for assigning responsibility for asylum seekers. This implies that every asylum seeker entering the UK must be given a chance to present his or her case before a judge and cannot just be sent to another EU member for processing. As a result, there has been a continuous rise in the number of people crossing the English Channel to seek refuge in the UK. The previous Home Secretaries (and Prime Ministers) have been quite irritated by this. There have been several pledges to "stop the boats," but doing so has proven difficult.

What does E-1 Treaty Trader Visa?

 The E-1 (treaty trader) and E-2 (treaty investor) visa categories were created in relation to bilateral trade agreements, such as Treaties of Friendship, Commerce, and Navigation ("FCNs") and Bilateral Investment Treaties ("BIT"), between the US and the nation in which the treaty trader or investor is a citizen or national. At the US Department of State, a list is available. If they are citizens of a treaty nation and meet the necessary requirements, these visas allow investors, traders, and their workers to enter the United States on a temporary basis in order to conduct business or make investments.

Is E-1 Treaty Trader Status available to me?

For consideration as a candidate for an E-1 Treaty Trader visa, you must:

Own a nationality recognised by a treaty

If you are a corporation, at least 50% of your shares or membership interests must be held by individuals who are citizens of the treaty country according to an US immigration lawyer in London. If you work for a treaty trader firm, you are required to be of the same nationality as your employer.

You should take into account the following aspects, among others, while determining the nationality of your business:

• the registrants' nationalities;
• percentage of shares held by treaty country citizens;
• whether the business is publicly traded, the exchanges on which it is listed and whether it is only listed on one exchange;
• if the members have US legal permanent residency.

Significant trade

The quantity of commerce required to maintain a steady flow of goods for international trade between the United States and the treaty country is referred to as substantial trade. Basically, when there are several transactions over a period of time and the money generated is adequate to support the treaty dealer, the trade is deemed considerable. No of the quantity or the nature of the transaction, it is not "substantial trade" if it only happens once.

Products of commerce

Goods, services, international banking, insurance, money, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and various news gathering operations are just a few examples of the things that are traded.

Primary trade

When more than half of the volume of the treaty trader's international commerce is carried out between the United States and the treaty country of the trader's nationality, there is principal trade between the United States and that country.

How long is the E-1 Treaty Trader Visa issued for?

Your country of origin will determine this. British citizens are typically given for 5 years, however they can be authorised for as low as 2 years with a solid application through an US immigration lawyer in London.

Can my relatives come along?

Yes, you may apply for E-2 visas for your spouse and children (if they are under 21). They are qualified based on your status as the primary E-2 visa holder and your relationship with them.

Can my family work and study?

Your unmarried children under 21 can study without needing an F-1 Student Visa, and your spouse can work (upon successful application completed after entrance) and/or study. A spouse cannot work until they have gotten employment authorization. Without additional intervention, kids can go to school.

The same status may be granted to spouses and unmarried children under the age of 21 travelling with an E-1 non-immigrant. Although they must apply, spouses may be given permission to work in the US; children are not allowed to work during their stay but are allowed to attend school.

Planning to get married in the UK? Here are the visa requirements.

 Non-European Economic Area (EEA) spouses and civil partners of UK citizens, UK residents, or UK refugees may reside in the UK for up to 30 months with them thanks to the UK Spouse/Partner visa. By submitting a spouse visa extension application, extensions for a spouse or partner visa can be extended for an additional 30 months. After receiving approval, the foreign spouse or partner can take the appropriate steps to apply for Indefinite Leave to Remain and, after five years of continuous residency in the UK, even British citizenship.

Who may obtain a Spouse Visa?

The following prerequisites must be satisfied by visa applicants in order to be qualified to apply for a spouse visa through one of the law firms in London:

• Each spouse or partner is at least 18 years old.
• Both partners/spouses are united in matrimony or a civil union that the British government recognises as legal.
• The foreign-born spouse or partner is married to or in a civil union with a British national or a person who has settled in the UK.
• Both spouses/partners may substantiate that they've been cohabitating for the previous two years and that their union is sincere.
• The foreign individual is engaged or is in the UK on a fiancé visa, and they intend to wed there within six months.

What conditions must be met to obtain a UK marriage visa?

The UK Home Office carefully examines each application for a UK marriage visa to ensure that each connection is real and not fake. Therefore, the following requirements must be able to be met by applicants for UK spouse visas:

• The application includes all requested and required documentation.
• The two candidates' connection is seen as sincere.
• Both partners/spouses are capable of fulfilling the other financial conditions and the minimal income barrier.
• The spouse or partner is from abroad and speaks English well.
• The partners or spouses can demonstrate that they have adequate housing for themselves and any dependents who may travel or live with them in the UK.
• The spouse or partner who was born abroad has already had their biometrics (fingerprints and a picture) taken.

How can you demonstrate the sincerity of your relationship?

You must demonstrate to one of the law firms in London that your relationship is real and not fabricated for the purpose of immigration or another illegal activity by offering proof of cohabitation and/or other evidence pertaining to a long-term relationship history. These could be mentioned:

• A combined lease or mortgage, which may be for a home inside or outside the UK.
• Birth certificates of any children born inside the partnership or other appropriate documentation of children shared
• Photographs of the pair together (to demonstrate how often they have spent time together)
• Shared financial accounts (such as a shared checking or savings account)
• Evidence of communication between the partners/spouses, such as texts or conversations on social media
• Any travel records that show the pair met at least once before getting married
• Any documentation demonstrating the couple's wish to cohabitate in the UK

What resources are needed to obtain a UK Spouse Visa?

All visa applicants must be able to demonstrate that they can sustain themselves while residing in the UK in order to be considered for a UK Spouse Visa. The pair must satisfy the following financial conditions for a spouse visa in order to demonstrate that they won't be dependent on public funds:

The UK spouse or partner earns at least £18,600 per year before taxes (assuming there are no children who are dependant on them).

If the couple has one dependent child who is not a citizen of the UK or Ireland, the UK spouse or partner must have an income of at least £22,400 before taxes.

The UK spouse or partner must earn an additional £2,400 for every subsequent kid. You may rely on savings totaling at least £16,000 or utilise a combination of savings and income earnings if the couple is unable to fulfil these income criteria.

Additionally, income can come from both job and self-employment, pension payments, rental or share income, as well as maternity, paternity, adoption, or sick pay.

What does an L-1 Visa (Intra-company Transfer Visa) mean?

 The L-1 Visa is a non-immigrant visa designed to make it easier for foreign specialists to temporarily relocate to the United States in order to work in a branch office of their organisation.

An intra-company transfer visa, often known as one that enables its bearer to be legally recognised as such, enables intra-company transfers. In other words, it enables a foreign employee to transfer lawfully for employment at one of the foreign company's connected U.S. offices. The professional personnel can continue working for their parent company's branch or subsidiary in the US after they arrive there.

Who Qualifies for a Visa for Intra-Company Transfer?

Only workers in executive or management positions or those with specialised expertise crucial to the running of the firm are eligible for the intra-company transfer visa.

According to a US immigration lawyer in UK, “Successful candidates must have spent at least one year of the three years before to applying working for the same company in a foreign country.”

They also need to be very knowledgeable about the company's goods, processes, and methodologies.

There are two levels of the L-1 Visa:

• Executive managers: L-1A
• L-1B designation for "workers with specialised knowledge"

International employees wishing to enter the United States to attend conferences or take part in training are ineligible for this permission. In this situation, you must submit an application for a business visitor visa.

Candidates who meet the requirements must be moved to work for the same firm in the US or to a parent, subsidiary, or affiliate business.

What requirements do employers have for L1 visas?

Foreign enterprises must first qualify for L-1 classification by fulfilling the following conditions in order to be able to apply for L-1 Visas on behalf of their employees through a US immigration lawyer in UK.

The employer is presently operating in or will soon be operating in the United States and at least one other nation as an employer. The employer has a qualifying connection with a foreign firm (eligible organisations are a parent company, branch, subsidiary, or affiliate). Additionally, throughout the L-1 visa holder's stay in the US, this business must be conducted directly or via a recognised organization.

What are the requirements for L-1 visas for employees?

The following criteria must be met by employees in order to be eligible for the L-1 visa:

• Your business must provide a sponsorship guarantee for your application.
• Your local business and your U.S. organisation must be connected via a qualified organisation.
• The individual must have spent the preceding three years working consistently for their foreign employer for a duration of 12 months.
• You must be employed by your employer both in the United States and in your country of residence.
• For the L-1A Visa, you must be employed in a managing or executive position.
• If you are applying for an L-1B visa, the employee must be a specialised knowledge worker.

How long may I remain in the United States on an L1 visa?

Those with an L-1A visa, who are in an executive or managing capacity, may initially stay in the country for three years. With a maximum stay of seven years, they may request extensions of up to two years if necessary.

Specialized Knowledge Staff (L-1B Visa) are given a three-year initial authorised stay and have the option of applying for a two-year extension for a five-year maximum stay.

You cannot apply for a new L or H Visa status until you have returned to your home country for at least a year after your maximum permitted duration has ended. Regardless of which L1 subclass you belong to, this holds true.

What is mini-budget of Chancellor for entrepreneurs?

 The government's new growth strategy was essentially presented on September 23rd when Kwasi Kwarteng, the newly appointed Chancellor of the Exchequer, unveiled his mini budget. This signalled the government's desire to concentrate only on economic growth, as everyone is now aware. To achieve this, the Chancellor proposed sweeping tax cuts (not all of which were anticipated or publicized in advance) and changes for both individuals and corporations that have not been seen in a very long time by commercial lawyers in London. Unfortunately, it is now apparent that the City was not ready for the magnitude of the reforms, and many people have not been pleased with them.

In the upcoming weeks, a withdrawal of at least part of the ideas might result from the negative response. Calls for the resignation of the new Chancellor seem well off the mark, but it still seems evident that the Government plans to hold firm for some time.

Due to the commotion surrounding its presentation, it is crucial from the perspective of an entrepreneur to keep in mind the proposals' actual content and, in particular, how they have been crafted in a way that will primarily benefit the entrepreneurial community.

The recently announced modifications that are especially pertinent to entrepreneurs are listed below. It is wise to pay attention to what can currently be accomplished under the new system, provided that nothing radically changes over the next several weeks for commercial lawyers in London.

Seed Enterprise Investment Scheme (SEIS): Starting in April 2023, businesses can fund up to £250,000 under this programme; however, the gross asset limitation will rise to £350,000, the age restriction will increase to 3 years, and the investor maximum will double to £200,000.

National Insurance and Income Tax: The basic income tax rate will be reduced to 19% starting in April 2023, and the top income tax rate of 45% will be eliminated starting in April 2023. The national insurance rise of 1.25% (on wages) will be reversed beginning on November 6, 2022 (and beginning in April for dividends).

Tax on corporations: The rate increase to 25% that had been proposed has been dropped, and it will now stay at 19%.While this is advantageous since firms won't have to pay additional tax on their trading earnings, it will mostly help high-profit corporations and have no effect on many start-up businesses.

Annual Investment Allowance (AIA): The £1 million level of AIA will become permanent as of April 2023. Up to £1 million in qualified plant and equipment expenses can be deducted by businesses 100% of the first year's costs.

The Government is negotiating with 38 localities to establish investment zones that will "benefit from tax incentives, planning liberalisation, and expanded support for the local economy."

IR35 - Beginning on April 6, 2023, the prior changes to the laws governing off-payroll employment will no longer be in effect. As a result, personal service businesses rather than ultimate engagers will be in charge of assessing a worker's employment status.

It has been difficult for those start-up businesses to deal with rising expenses, supply chain problems, and consumer price inflation while also surviving a possible loss of revenue during the epidemic. When taken in isolation, the mini-budget incentives will benefit many business owners and present them with new options, such as the ability to raise capital through the SEIS, EIS, and VCT schemes and lower expenses as a consequence of the tax cuts. For company owners, there were a few notable omissions, such as changes to VAT and business taxes.