L1A for a small company

[whyrex]

Hi,

I am Director - Products in the Indian office of a small organization (7 people in India, 10 in the US) since May 2013. I have 4 reportees in India, 3 in the US and I make all techno/product marketing decisions in the company. I would like to apply for an L1A in June 2014.

1) Does the size of the company matter when it comes to L1As being approved?

2) What is the proof of employment I should give (that I have spent 1 year in the Indian office)?

Thanks,
Wy

[whyrex]

Please help?

[raghvi]

Please help?

L1A is one of the most complex visas out there. Are you planning to set up an office in US?

Go through the requirements and advisable to take services from a reputable attorney : https://www.immihelp.com/l1-visa-for...office-in-usa/

As for proof of employment; offer letter, salary slips, Form 16 etc should be available to prove 1 Year association.

This is my opinion not legal advice.

[whyrex]

Thanks raghvi.

I am employed in the India office of a US company. I can give documents on proof of employment, my duties, org chart, relationship between US and Indian branches etc. to satisfy L1A requirements.

From https://www.immihelp.com/l1-a-visa-managers-executives/, "If a small or medium-sized business can support a position where the primary duties are executive or managerial, they can qualify for L-1A."

I am going to go to an attorney and monitor the petition myself, but I was hoping to hear from members who might have applied for L1A from a small company. My current organization is 7 people in India and 10 in the US. Is that "too small"?

[raghvi]

Thanks raghvi.

I am employed in the India office of a US company. I can give documents on proof of employment, my duties, org chart, relationship between US and Indian branches etc. to satisfy L1A requirements.

From https://www.immihelp.com/l1-a-visa-managers-executives/, "If a small or medium-sized business can support a position where the primary duties are executive or managerial, they can qualify for L-1A."

I am going to go to an attorney and monitor the petition myself, but I was hoping to hear from members who might have applied for L1A from a small company. My current organization is 7 people in India and 10 in the US. Is that "too small"?

With such a small size the company certainly doesnt qualify for blanket petition. So you will have to file as L1A individual. Individual petition though doesn't require any particular size but the US subsidiary has to demonstrate continuous international business. As I mentioned, you need to go with a goo attorney to prepare good documentation.

This is my opinion not legal advice.

[whyrex]

With such a small size the company certainly doesnt qualify for blanket petition. So you will have to file as L1A individual. Individual petition though doesn't require any particular size but the US subsidiary has to demonstrate continuous international business. As I mentioned, you need to go with a goo attorney to prepare good documentation.

This is my opinion not legal advice.

Thanks raghvi. And by "one of the most complex visas", did you mean the most complex documentation wise? I will have a say in the choice of attorney, so should I look for someone who as already filed L1As succesfully (and not just H1Bs)?

[raghvi]

Thanks raghvi. And by "one of the most complex visas", did you mean the most complex documentation wise? I will have a say in the choice of attorney, so should I look for someone who as already filed L1As succesfully (and not just H1Bs)?

Yes it would be advisable to go with an attorney who has had good success with L1As not just H1Bs. The documentations and regulations are very different between H1s and L1s. L1As would require managerial/executive decision making proof, org chart, one year stay proof, relationship between US entity and India entity and proof, services provided etc, many such things aren't required for H1s.


This is my opinion not legal advice.

[whyrex]

This is very helpful, thank you!

[pankajd]

This is very helpful, thank you!

I know this is pretty old. Any one having applied for L1 blanket or L1A individual for a small/medium sized company from India ? Any input will be appreciated.