O1 / Artist Visa Lawyer: Law Offices of Marcus Yi
  • Home
  • Marcus Yi
  • Client Success Stories
  • Visa Options
    • Non-Immigrant Visas >
      • O1 Artist Visa Lawyers
      • P-1B A MEMBER OF AN INTERNATIONALLY RECOGNIZED ENTERTAINMENT GROUP
      • P-2 Exchange Program
      • P-3 Culturally Unique Program
      • H-1B Specialty Occupation
      • H-1B1 Singapore-Chile Free Trade Agreement
      • L-1A Intracompany Manager
      • L-1B Intracompany Specialized Knowledge
      • Q Cultural Exchange
    • Immigrant Visas >
      • Business Based Immigration >
        • EB1 Extraordinary Ability Guide
        • EB-5 Investor Visa
      • Family Based Immigration >
        • Marriage Based Green Card
        • Same-Sex Marriage Green Card
  • Contact
  • Latest News

immigration news world

Top 5 reasons why your L-1A visa may be denied

12/31/2018

 
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. To qualify for L-1 classification in this category, the employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. 
As the Trump administration has implemented new rules to restrict the availability of L visas, it is undeniable that qualifying for this visa has become more of a challenge in the past few years. However, certain trends have emerged. Here are the top 5 reasons why a L-1 visa application may be denied and how to avoid such issues.

1) Insufficient Managerial or Executive Experience 
In order to qualify for the L-1A visa, the beneficiary must have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations. Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight. Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

Employers make it easy for immigration officers to deny their L-1A applications by sponsoring candidates for L visas who do not have true executive or managerial experience. There has been a clear trend in recent years of immigration officers not accepting on face value of the employer’s assertions that a specific individual will fulfill an executive or managerial role. As such, it is fundamental for employers to provide evidence how the beneficiary’s role was executive or managerial in the past, and how the role will continue to be executive or managerial in the future. When a company is not able to cooperate with their attorneys and provide sufficient documentation either because of incompetence or internal company politics, it is likely that the application will be denied.

2) Poor English language skills 
At the consular interview, L-1A applicants who are not able to adequately describe in English their job responsibilities and intended work in the United States undercut the credibility of their claimed expertise and specialization. Therefore, it is essential for applicants to thoroughly understand their job position and the contents of the immigration application. They should also practice explaining this information in English before attending the interview at the consulate.

3) Low salaries 
Someone claiming executive or managerial qualities who will be receiving a modest salary more commonly paid to administrative or support staff is going to have problems convincing a consular officer they merit visa issuance. It is essential that the manager or executive be paid at least the market rate in the United States for a similar position.

5) Newly-promoted executives 
Although immigration law allows for someone to qualify for the L-1A visa if they were recently promoted, such an arrangement raises questions in the immigration office is mine concerning the applicants past role.  Such concerns are more likely when the foreign office is a smaller family-run operation or when the newly promoted manager has not been with the company for long period of time.

6) Nothing to manage in the U.S. enterprise 
If a company wishes to transfer someone to manage a newly established start-up in the United States, it must demonstrate that the start up will have assets and employees to manage within the first year of its operation. A manager tasked with setting up a sales office in the United States, for example, will need to make the case that his or her role is to hire and supervise a staff to carry out those sales, not just to work alongside them in engaging with customers.
​
Immigration officers are clearly applying a narrower interpretation of L-1A visa requirements after many years of taking a more relaxed approach; however, the biggest reason why this visa may be denied is a poorly prepared immigration application. Businesses that are unable to provide sufficient documents to their attorneys ultimately are unlikely to obtain the visa for their employees.


​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

New Immigration Policy Gives Immigration Adjudicators Full Discretion to Deny Cases Without Issuing Requests for evidence

12/25/2018

 
Effective September 11, 2018, USCIS will give adjudicators "full discretion" to summarily deny a case "when appropriate." The Service describes the policy change as an effort to increase adjudicatory efficiency by discouraging and minimizing frivolous petitions. For example, when filing family or employment based Adjustment of Status Applications (I-485) that require but lack an Affidavit of Support (Form I-864), USCIS may deny the case outright. This policy change is likely to have adverse implications on petitioners, applicants, requestors, and other stakeholders because of the breadth of the grant of adjudicatory discretion. In such a case, the summary denial could potentially put an alien out of status, cut short an automatic extension, and eliminate the possibility of refiling the case as an extension or change of status. With no notice, opportunity to respond, or record of rebuttal argument, such a case would be difficult to appeal. More than ever, applicants are discouraged from applying for any immigration benefit without an immigration attorney. Further, immigration attorneys must rise to the challenge and process client cases diligently to avoid mistakes. ​

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​

O1 Visa Sponsor / Petitioner Basics

12/17/2018

 
The O-1 visa is for the individual who has extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry, and has been recognized nationally or internationally for those achievements.

​
To apply for an O-1 visa a foreign national must have an employer in the U.S. or a U.S. agent as his or her petitioner. Foreign nationals are not allowed to self-petition for an O-1 visa. You, the foreign national, are considered the beneficiary of a petition filed by someone else – your employer or U.S. agent. Check out this video to find out who can be your petitioner/sponsor.
​To begin the petition process, the employer or agent must:
  • Complete the Form I-129, Petition for Non-Immigrant Worker. Review the instructions for the Form I-129 and complete the Form I-129 and related Supplements.
  • Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-129. Refer to Form I-129 instructions for further details.
  • Submit Evidence. Include all supporting documentation.
  • Sign and File the Form I-129. File the petition at the correct filing location according to form instructions.
There are certain requirements if you (the petitioner) are filing as an agent for multiple employers. The required conditions can be found in the following memorandum.
​
For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​

特朗普政府新規:領糧券或醫療補助將嚴限拿綠卡

12/12/2018

 
特朗普政府於2018年9月22日公佈了一項擬執行的新提案:在美移民或其家庭成員只要在過去任何時段曾經使用過基礎公共福利,如食品或醫療保健等政府援助,都可能會在綠卡申請過程中受阻,從而無法和美國的家人在一起。

這項提案一旦通過,將把移民政策裡那堵無形的牆提升到新的高度。數百萬當前和潛在的移民可能在循規蹈矩並沒有違法的情況下被迫與家人分開,無法追求美國夢。這項提案是特朗普政府對合法和非法移民的一系列激進鎮壓中的又一次挑戰。這些移民家庭是美國社會結構中不可或缺的一部分,對我們國家的成功尤為重要。

該提案將讓勤勞、有抱負的移民尋求永久居留的道路受阻,從而損害美國經濟。壓倒性的證據和分析表明,工薪階層的移民對美國經濟的強勁發展至關重要。這項提案為那些剛剛開始走向經濟繁榮的新移民設下重重關卡,必將削弱我們的經濟實力。

這是特朗普政府在沒有國會批准情況下,企圖從根本上改變美國移民制度的又一次嘗試。

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

New Trump rule would deny green cards to immigrants who took food stamps, Medicaid

12/11/2018

 
On September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule that if implemented as written, would prevent immigrants from securing lawful permanent residence and remaining with their families in the United States, simply because at any time in the past, they received some type of basic health care support, nutrition assistance, or other vital services.
 
The proposed rule would raise the invisible wall to massive new heights. Under the proposal, millions of current and aspiring immigrants who have done nothing wrong and simply followed the rules could be separated from their families and prevented from pursuing the American dream. The proposed rule is the Trump administration's latest assault on immigrant families who are integral to the fabric of American society and have been pivotal to our nation's success.
 
This plan will damage the American economy by jeopardizing the ability of hard-working, entrepreneurial immigrants from obtaining permanent residence. Overwhelming nonpartisan evidence and analysis shows that working-class immigrants are essential to a strong U.S. economy. This proposed rule would weaken our economy by creating arbitrary barriers to lawful status for those who may be just starting out on their path to economic prosperity.
 
This rule represents yet another attempt by the Trump administration to fundamentally change our immigration system without Congressional action. 

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

IMMIGRATION TIP OF THE DAY

12/3/2018

 
For L-1 applications, the company sponsoring the beneficiary must be doing business. "Doing business" means the regular, systematic, and continuous provision of goods or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.  (8 C.F.R. § 214.2(l)(1)(ii)(H)).

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​

    Marcus Yi, esq

    A Blog about Everything Immigration

    Archives

    February 2025
    December 2023
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    October 2017
    April 2017
    March 2017
    August 2016
    July 2016
    May 2016
    April 2016
    April 2015
    January 2015
    December 2014

    Categories

    All
    Citizenship
    Client Success Stories
    F1 Visa
    Greencard
    H-1B1 Visa
    H 1B Visa
    H-1B Visa
    Immigration Tips
    O1 Artist Visa
    Unlawful Presence

    RSS Feed

Law offices of marcus yi: O1 visa lawyer NYC

​315 W. 36th St
New York NY 10018

Contact Us 

Easy Links
O1 Visa Lawyer
P3 Visa Lawyer
H1B1 Visa Lawyer