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Many L-1 nonimmigrant intracompany transferee executives and managers believe that once their visa is approved, they can relax. Unfortunately, this assumption couldn’t be further from the truth. Even after adjudication, an L visa can be challenged, revoked, or denied renewal. This underscores the importance of submitting a robust and realistic petition supported by a solid immigration business plan from the very beginning.
Here’s why maintaining compliance and staying vigilant throughout the validity of your L visa is critical:
1. Audits and Notices of Intent to Revoke (NOIR)
L visa petitions are subject to audits even after approval. If any element of the petition raises a red flag or appears as an oversight, the U.S. government may issue a Notice of Intent to Revoke (NOIR). This can happen at any point during the visa’s validity.
A NOIR means the government has doubts about the legitimacy or accuracy of the petition. It could stem from inconsistencies in supporting documents, discrepancies between the petition and actual business operations, or any other compliance issue. Responding to a NOIR can be challenging, which is why a solid, well-documented business plan from the outset is crucial.
2. Site Visits
L visa holders and their companies are subject to random, unannounced site visits by U.S. Citizenship and Immigration Services (USCIS). These visits are part of the government’s compliance review process to ensure petitioners adhere to the terms of their approved petition.
During these visits, USCIS officers review:
- Business operations and physical premises.
- Employee records and payroll compliance.
- Consistency between the original petition and the actual company practices.
If the officer’s Compliance Review Report identifies potential fraud or noncompliance, the case may be referred to U.S. Immigration and Customs Enforcement (ICE) for further investigation, including possible criminal charges.
3. Renewal Challenges
The renewal process for an L visa is just as critical as the initial adjudication. Visa holders must demonstrate that their company:
- Has performed well during the initial visa period.
- Is profitable and financially sustainable.
- Is continuing to grow in alignment with the business plan submitted in the original petition.
If financials don’t look strong or operational details differ significantly from the original plan without adequate explanation, USCIS may choose not to renew the visa.
Why Your Business Plan Matters
A realistic and thorough immigration business plan is the cornerstone of a successful L-1 visa petition. It must demonstrate that the company has the potential to succeed, grow, and fulfill the commitments outlined in the petition. The plan is also critical during renewal to show that the company has met its projections and goals.
We place significant emphasis on customized job descriptions, which narrate in detail the job functions of both the beneficiary and the personnel working at the enterprise during the first year. Detailed and custom-made job descriptions are fundamental in L visa petitions, as this is one of the most challenged aspects of such applications. Including this level of specificity ensures compliance and helps mitigate the risk of RFEs or NOIRs.
Submitting an incomplete or unrealistic plan can lead to RFEs (Requests for Evidence), NOIRs, or outright denials. Doing things right the first time is the path of least resistance and the best way to ensure a smooth process.
Stay Prepared With Our Expert Services
We understand the challenges of L-1 visa compliance and renewal. Here’s how we can help:
- Thorough Immigration Business Plans: From the start, we create detailed and realistic business plans tailored to meet USCIS requirements. We put a lot of emphasis on customized job descriptions, ensuring they narrate the detailed job functions of the beneficiary and the personnel during year one. This level of detail is critical in L visa petitions, as job descriptions are among the most challenged parts of this type of application.
- Bookkeeping Services: Our bookkeeping services are designed to keep your financials in line with the projections outlined in your business plan. We monitor quarterly, allowing us to adjust your course of action if needed and before renewal if things don’t go as expected. Additionally, we ensure your financials are current, organized, and ready to withstand unannounced site visits.
- Aligned Renewal Plans: When it’s time to renew your visa, we ensure your business plan aligns with the original petition while thoroughly explaining any changes and providing supporting evidence to back them.
Don’t leave your L-1 visa status to chance. Contact us today to set your business up for success and avoid unnecessary complications with USCIS.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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