[Immigration Law] Key Considerations and Practical Tips for L1 Visa Renewal

The L1 visa is a vital tool for international companies to transfer managers, executives, or employees with specialized knowledge to their U.S. subsidiaries. However, when applying for L1 visa renewal after the initial approval period, it is crucial to understand and prepare for various legal requirements and practical considerations. As an immigration attorney, I would like to share key factors and practical tips for a successful L1 visa renewal.

1. Handle Ownership Structure Changes with Care

Any changes to the ownership structure of the U.S. or foreign company after the L1 visa is approved must be approached with caution. While such changes are not outright prohibited, they can affect the visa eligibility, making it essential to consult with an immigration attorney.

One of the primary conditions for L1 visa renewal is maintaining the qualifying relationship between the foreign and U.S. companies. The two entities must continue to exist in a parent-subsidiary, branch, or affiliate relationship, which is determined by their ownership structure. Significant changes to the ownership structure could disrupt this relationship, potentially disqualifying the company from L1 visa renewal. Therefore, if ownership changes are necessary during the renewal process, seeking professional advice is critical.

2. Focus on Growth and Expansion for 'New Office' Petitions

For L1 visa holders under the "New Office" category, growth in the first year is crucial to the likelihood of renewal. The "New Office" designation applies when the U.S. entity has been in operation for less than one year, and in such cases, the L1 visa is typically granted for a one-year period. During this time, the manager or executive must demonstrate that the U.S. business is progressing.

To ensure a successful L1 visa renewal, 'New Office' petitioners should focus on two main objectives during their first year:

• Revenue Growth:
  The U.S. company should aim for measurable revenue growth during its first year. Although there is no legally required revenue threshold, demonstrating increasing revenues can serve as strong evidence to USCIS that the business is operational and thriving, reinforcing the ongoing need for the manager’s role.

• Employee Expansion:
  Expanding the company’s workforce will positively impact the renewal application. Hiring new employees and growing the company's staff during the first year can serve as compelling evidence of the business’s growth and the continued necessity for an executive or managerial role. The more personnel the company adds, the stronger the case for L1 visa renewal.

L1 visa renewal involves different considerations from the initial approval process. Maintaining the qualifying relationship in the face of ownership structure changes must be carefully evaluated, and for 'New Office' petitions, revenue and employee growth are critical factors. Working with immigration law experts will ensure that you are well-prepared and increase the likelihood of a successful L1 visa renewal.

We are always here to assist clients on their immigration journey. If you have any questions or need help with your L1 visa, feel free to reach out for a consultation.

This column provides general legal information regarding immigration law and should not be interpreted as specific legal advice for individual situations. The laws and procedures applicable to each case may vary, and legal responsibility is not assumed based on the information provided in this column. For specific legal advice, it is essential to consult with an attorney.

We are dedicated to assisting you in achieving your immigration goals.

Chris W. Chong, Attorney
Email: [info@cchonglaw.com]
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