You’ve come temporarily to study or work in the United States or permanently reside with your spouse. You’ve completed the legal process of obtaining a visa (F-1/J-1 for students, L1 for Executive, E-2 for Owner/investor, or green card) and your visions of accomplishment of your venture look within your reach. But there is still one obstacle to your success and that is to acquire the skill of cross-culture communication.

No one goes to school or works without interactions with other students and employees, teachers and service providers, suppliers of books, equipment, landlords, mechanics, bus drivers, instructors, care-givers, sales people, and fellow sojourners from other countries abroad. In these interactions between “there’s bound to arise one or more of these obstacles to successful communication: 1) confusion,2) misunderstanding, 3) misinterpretation.

It’s natural, even if you are native to the locality, to slip up with your communication signals. What is a “culture” anyway? It’s the uniqueness of a group of people (usually from same location) — it’s their differences, how they are different, distinct from one another in their “deeply held beliefs and instincts about what is natural, normal, right and good.”(see Stroti ref.) Sounds like what would be called “common sense” in any language. And, that’s true: what we’re dealing with here is two different interpretations of what is common sense.

“To succeed in an overseas assignment, expats have to interact effectively with the local people.” Craig Storti goes on to say in The Art of Crossing Cultures, “Cross –cultural encounters don’t always go wrong, of course, any more than same-culture interactions
always go splendidly, but, all things being equal, they are certainly more likely to end badly.” Mr. Stroti goes on to explain why this happens and offers guidelines on how to prevent cultural mishaps.

My future writing plan is to deal more thoroughly with the subject of cross-cultural skill building. But for an overall summary of theory and practice, I recommend Mr. Storti’s book, with its many humorous quotes, as a balance of entertainment with enlightenment.

[Craig Storti, The Art of Crossing Cultures, 2nd Ed., Intercultural Press, Maine; Nicholas Brealey Publishing, London, 2001]

Sometimes the upset of an economic downturn, loss of jobs, bad reports about how “outsourcing” is “causing” Americans to lose jobs, which in turn promotes negative attitudes about foreign investment of money and talent in the US – all these factors cause an overall loss of common sense.

Yes.  Common sense about what is really a gain and what is actually a loss.   The L1A visa program is a perfect example.  Here’s a circumstance administered by the strict rules and regulations of the US Citizenship and Immigration Service USCIS (formerly, the Immigration and Naturalization Service (INS)) which enables local businesses (no doubt they are either branch offices, subsidiaries, or affiliates of a company which has its main office somewhere else in the world) to import business managerial knowledge and executive skills from abroad and apply these benefits to local businesses practices and personnel training – all for paid for by the Petitioner (the out-of-US-employer) seeking legal sanction (and paying USCIS thousands in fees for this service) so that the Beneficiary (the manager/executive ,who will be working under the non-immigration L1A visa) can contribute executive/managerial know-how to the US economy.  And the cost to the U.S. taxpayer?  Zip, zilch, nada, nothing.

And the impact on unemployment in US?    Sometimes common sense forgets that this business was successfully created and prospers abroad and now wishes to expand its operations in the US.  This means “add value” (which is upgrading products and services), to the US economy, which does cause economic growth, which eventually means more jobs for Americans.

What else is an assured “win” for the home team (the USA business community) if it isn’t investments in the US economy from abroad adding foreign brain power to the mix at its own expense.  My common sense question is: What’s the “win” for the L1A visa holder (who has a window of from three to a maximum of seven years to operate and make the improvements to the US office) — why do foreign businesses want to expand their operations to US shores?

My guess is that it’s for the same reason that all the settlers, pioneers, immigrants, entrepreneurs, investors, have had for the making the journey, paying the costs, along the years, since the beginning of this enterprise, this experience of democracy – because they were free to do so.  It’s hard to put into words exactly.  Recently I read what one of the code writing innovators involved with Google and Facebook, Sanjay Mavinkurve, said about his reason for coming to join with and work in the melting pot called the United States of America:  ““I admired everything in the way America portrayed itself — the opportunity, U.S. Constitution, its history, enterprising middle class.” [read the full article on The Huffington Post]

Everyone has their reasons for making all the significant changes that are entailed by emigrating from the familiar and routine and come to the USA, even if it’s for a temporary assignment under the L1A visa .  And maybe the reason it’s hard to put one’s dreams and motivations into words, is because it’s simply common sense.  Maybe the answer really is “DUH!”

Wherever you may be in the United States or around the world, contact our offices in San Francisco, Sacramento and Santa Clara California, to discuss your L1 visa needs.

For more information on L1 Visas, please visit the L1 Visa section of our blog or the L1 Visa page on our main site.

San Francisco Immigration Lawyer Offers Insight on L1 Visa Blankets

Using a L1 visa blanket can save petitioning businesses a lot of time when trying to bring managers, executives and employees with specialized knowledge to the U.S. Non-blanket applications can take up to four months or longer while those submitted under the blanket can be facilitated quickly.

Company Requirements for L1 Visa Blankets

In order to qualify for a blanket, companies must meet the following criteria.

• The company petitioning for the blanket and its entities are engaged in business in both countries, providing services and/or products on an ongoing basis.
• The company requesting the L1 visa must have done one of the following: (a) During the past year, received a minimum of 10 “L” petitions for managers, executives, or specialized knowledge professionals, (b) have total combined annual sales of its U.S. holdings of a minimum of $25 million or (c) already have in place a work force comprised of at least 1,000 employees.

Consider the L1 Blanket

If your company meets the requirements, then it makes sense to consider a blanket. Although my immigration law practice is located in San Francisco with other offices in various parts of California, I work with clients around the country, serving all 50 states. If you want your company to be considered for a L1 visa blanket, I can assist in this process no matter where you are located in the U.S.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1 visas or immigration law.

A San Jose Immigration Lawyer Considers Company Requirements

From my immigration law office in the San Jose area, I work with many companies throughout the U.S. on the L1 visa process. Often when we discuss the L 1 in this blog, the focus is on the individuals who may apply for these visas. Here is a consideration of what is needed for a company to meet the requirements of a L1 visa.

Are the Foreign and U.S. Companies the Same?

The US company and foreign employer must demonstrate that they are “related” (Our L1visa article outlines the qualifying relationship requirements).

In order for a company to be considered able to sponsor a L1 visa petition, the USCIS will also evaluate the following criteria:  business must be conducted and transacted by the company in both countries; there must be a continuous output of goods or provision of services. International trade is not a requirement, thus each entity may be conducting business exclusively within the country they are located; business must be ongoing in the U.S. for the entire time that the L1 visa holder is in the country; also, business should be ongoing in the foreign land for the entire time that the L1 visa holder is in the U.S.

Are You Eligible to Sponsor L1 Visa Applications?

Whether the parent company is in the U.S. or a foreign country does not matter. In order to be considered a parent company, it must exercise control of the subsidiary or legally related organization in the other country. There are various other criteria related to companies qualifying for L1 visas. From my immigration law office in San Jose, I work with a good number of companies in ensuring that they meet the proper criteria.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1 visas or immigration law.

San Francisco Immigration Lawyer Looks at What Makes L1 Visa a Good Choice

In this blog, I’ve written a lot lately about the L1 visa, which is designed for foreign managers or executives and specialized knowledge staff who are coming to the U.S. to work on a non-permanent basis. Those applying for a L1 visa must have been employed for one continuous year of the past previous three years by a foreign company that is legally connected to the U.S. company for which they are coming to work.

Many Organizations May Qualify

Unlike the H 1B visa, which is designated for those in areas such as science, computer programming, mathematics and engineering, executives and managers may qualify for a L1A visa as long as they meet the L1 criteria. Also, the employer who is sponsoring the L1 applicant(s) does not have to be owned by U.S. citizens.

Length of Stay

The length of stay in the U.S. for those with a L1A visa is initially three years. The visa may be renewed and the total length of stay on a L1A visa is seven years.

Speedy Process

There is no need for a LCA in the granting of a L1 visa. That’s because the employee is basically transferring within the company and thus they are not considered to be a newly hired employee.

The entire process takes three to four months from the date of filing as of today but USCIS processing times frequently change. You may also apply for premium processing and obtain a decision within 15 days (as long as a RFE is not issued).

L1 Benefits Everyone

The L1 visa benefits the segment of the company that is established in the U.S. and it can certainly benefit U.S. workers due to the fact that these visas are often used to bring managers, executives and specialized knowledge staff members to the U.S. who are going to help the organization expand and grow.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1 visas or immigration law.

San Francisco Immigration Lawyer Considers L1 Visa Flexibility

Through my San Francisco immigration law practice, I work with many L1 visa applicants throughout the United States. The L1 visa is available to workers from companies outside of the United States who are coming to this country to work for a parent company, a subsidiary or a company legally connected to the company they are working for in their land of origin.

L1 Visa Restrictions

The L1 visa allows applicants to work for a specific company. Unlike the H1 B, there is no cap on this particular visa. The supply is limited by the actual number of jobs and an applicant and the company meeting the proper criteria.

The spouse of a L1 visa holder may work in this country but their minor dependents may not. The spouse, who would be on an L2 visa, must apply for authorization to work. That is done once in the U.S. Once approved, they would be allowed to gain employment.

L1 Visa Flexibility

Although there are very specific restrictions related to the L1 visa regarding the individual from the foreign land in essence being employed by the same company or a legal entity of that company in the U.S., there is some flexibility. These include that the L1 visa holder may be employed part-time.

Best to Ask

It never hurts to and it’s often best to ask an immigration lawyer if you have any questions regarding an L1 visa. I monitor immigration law changes from my San Francisco office and presently reforming various aspects of the law has become a hot-button issue in the U.S. and that means that there are frequent changes in the law and USCIS policy.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding immigration law.

Processing Time

Once all of the documents are completed and submitted, the processing time for the L1A visa ranges from two to four months.

If a company needs to expedite the process, they may pay a Premium Processing fee of $1,000. Premium Processing by the USCIS takes 15 days.

Can Any Executive or Manager Apply?

If someone meets the minimum requirements as an executive or manager, they may apply as long as the foreign company for which they are working is legally affiliated with the U.S. company for which they are going to work. In my capacity as an immigration lawyer, I am sometimes asked if the companies must be legally affiliated. Yes, they must. The L1A visa does not apply to some who wants to work for a company in the U.S. that is not legally affiliated with the foreign company for which they are working.  Your companies may demonstrate that they are “affiliated” if they are a subsidiary, affiliate or branch.

What Documents are Required?

There are a range of documents that must be properly filed with the USCIS in order for the L1A petition to be considered. If paperwork is not properly filed, the process will be delayed.

The following forms and documents that are required for the US Embassy filing include:

• A passport that allows for travel to the U.S. that expires no sooner than six months past the applicants intended time of stay.
• A 50 mm x 50 mm full-face photo of the applicant (passport size) that has a light background and in which the applicant has nothing covering his/her head.
• Form DS 156 (Visa application form).
• Copy of form I 797 (Employee Approval Notice).
• Copy of form I 129 (Petition for Nonimmigrant visa that is filed by employer).

Length of Stay

The length of stay on the L1A visa is three years. The total number of years one may work in the U.S. on a L1A visa is seven years.

Questions

If you have questions or concerns, a good immigration lawyer can be a big help. From my office in the Sacramento area, I work with companies and applicants from around the country.

Please contact the Ranchod Law Group with offices in San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L 1A visa or immigration law.

Who is a Manager?

A manager is someone who oversees specific aspects of an organization, including employees or the running of the organization. They have various powers including the authority to fire or hire employees, supervise the operations of an organization or company and influence the daily operation of a company or a specific division or area of the company.

Who is an Executive?

An executive functions in setting policies and goals, making major decisions, and overseeing the management of a company or organization or some major aspect of that entity. They get general direction from stockholders, a board of directors or executives at a higher level.

Education and Experience Requirements

The L1A has no minimum educational requirements. In order to attain a L1A visa, the manager or executive does need to have a minimum amount of experience. They must have worked for an organization or company in the foreign country that’s legally connected with the U.S. group for which they are going to work.  They must have functioned in the capacity as a manager or executive for at least one year in the past three. In my experience as an immigration attorney, I’ve found that an individual’s experience is one of the most important requirement in securing a L1A visa.

Applying for a L 1A Visa

From my San Francisco office, my work as an immigration attorney has me in contact with companies and individuals around the U.S. who want to make sure that they properly file all of the appropriate documentation in accordance with USCIS regulations associated with the L1A visa.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L1A visa or immigration law.

However, for many undergoing the E-2 and L-1 visa process, this is a first-time experience and they may not know what to expect. Here’s a list of what a good immigration lawyer should do for you if you’re applying for an investor visa.

Services:

• Review you present situation and all pertinent circumstances.
• Ensure that you are a candidate for an investor visa.
• Provide a list of exactly what is needed for your application.
• Prepare your L-1 or E-2 application in a timely and accurate manner.
• Submit all materials to the correct agencies.
• Treat all correspondence pertaining to your application in an organized and timely manner.
• Offer sound, knowledgeable advice regarding your interview with the the American Embassy.
• Timely communication regarding all aspects of your petition.

Benefits:

• Personalized service.
• Fast and accurate processing of your application and all paperwork.  
• Experienced insight regarding your case and the investor visa process.
• Knowledge of all recent USCIS developments as they pertain to L-1 and E-2 visas.
• Timely responses to any questions you have regarding your application.
• Quick follow up regarding any issues connected with your application.

For those who are engaged in applying for an investor visa, an experienced immigration lawyer can help speed up the process and ensure that everything is done properly. Legal representation can facilitate the successful completion of your L-1 visa or E-2 visa application.

Please contact the Ranchod Law Group with offices in San Francisco, San Jose Bay Area, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding investor visas or immigration law.

Documents Required for L-1 Application

As an immigration lawyer, one area in which I focus is ensuring that all documents are in order when someone is applying for a L-1 visa. Some of the necessary documents necessary for applying for an L-1 visa after the L-1 petition has been approved is the following:

• Form DS-156 from the USCIS.
• A recent passport photograph showing the applicant’s full face. This is taken against a light background and there can be no head covering.
• A passport that’s valid for travel in the U.S. for at least six months past the termination date of the applicant’s visit.
• Employee’s copy of INS Form 1-797 Approval Notice.
• Copy of USCIS Form 1-129, which is the Petition for a Nonimmigrant visa, and supporting documents. This form is filed with the USCIS by the applicant’s employer.

The L-1 Petition

This petition is used by the USCIS to decide if the applicant meets the basic qualifications for the visa for which they are applying. As far as the L-1 visa is concerned, the USCIS will utilize the petition to determine specifically if the applicant possesses the training, experience and background to enter the country in the capacity of a manager, executive or skilled and knowledge worker.

Thus, this petition outlines all of the important information as it pertains to the applicant’s past employment, expertise and education.

Information Required with the L-1 Petition

Along with the petition, applicants must submit a letter from their company that at a minimum attests to the following:

• Length of time with the company, positions held and present employment.
• A statement describing what position the applicant will hold in the U.S.
• An acknowledgment that the company knows of the applicant’s transfer to the U.S. and has approved it.
• The document must also contain the U.S. company’s full legal name and address. If the applicant will be at more than one location then all of the addresses involved must be listed.
• An explanation of the need for the transfer
• The document must be signed.

These are the basic elements that go into a L-1 visa application. In my capacity as an immigration lawyer in San Francisco, I am constantly coordinating various aspects of this process, ensuring that applicants are given the best possible chance to secure the visa they require to perform their duties.

For more information on L1 Visas, please visit the L1 Visa section of our website.

Please contact the Ranchod Law Group with offices in San Francisco, San Jose Bay Area, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding L-1 visas or immigration.