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  • l1a renewal rejected

    I am a watchmaker by profession,arrived USA,July2001,with L1a visa from home country.August2001 renewed for one year,Opened business feb2002,[Jewellery/Watchmaker business]
    Applied for renewal in August 2002,answer-May2003,rejected,REJECTED -not enough employees on payroll.[myself,manager-full time,1 part time sales associate 20 hrs per week.]-manager-40hrs per week.]

    this is a new business and i am finding my way,what is INS expectations as per number of employees.

    Any way what are my options,

  • #2
    I am a watchmaker by profession,arrived USA,July2001,with L1a visa from home country.August2001 renewed for one year,Opened business feb2002,[Jewellery/Watchmaker business]
    Applied for renewal in August 2002,answer-May2003,rejected,REJECTED -not enough employees on payroll.[myself,manager-full time,1 part time sales associate 20 hrs per week.]-manager-40hrs per week.]

    this is a new business and i am finding my way,what is INS expectations as per number of employees.

    Any way what are my options,

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    • #3
      there are specific rules on the minimum number and type of employees. I think 10.

      Comment


      • #4
        Yes, you need at least 10 employees.

        Comment


        • #5
          L1 visa is issued, so that the person can create jobs for U.S. workers. The purpose of this visa is not to give somebody a GC or permanent residency to just do business. Since you did not had enough employee that is why your renewal is rejected. Immigration also checks turnover of your business.
          You can appeal the decision. You must seek services of some good Immigration Attorney, who is expert in L Visas.
          Good luck.

          Comment


          • #6
            You are such a great advisor for this board. Thank you for helping so many people. You really are a Blessing!

            Umesh, I have a guestion for you, just for my own knowledge...

            How could they now accept his renewal when he has just started his new business? Everyone knows that it takes time to build up a corporation. Why will they not give him more time?

            Hope you don't mind my asking. I am just curious and sad for ali baba. I truly understand how he could feel let down in this situation.

            Thank you for your reply!

            Ali Baba, I do want to wish you the Best of Luck and May God Be With You!

            Comment


            • #7
              I meant to sign off with

              "One Heart"

              Thanks again for all of your help!

              Comment


              • #8
                To TO UMESH/ONE HEART:
                I appreciate your concern for others and you always have highest regard in my heart. You are really a great asset to this Board.
                It is true that the business takes time to establish. While applying for L Visa, a business plan is submitted to the Immigration. It mentions about projected investment, turnover and number of employees to be hired. Still in the biggining the person need to have atleast 2 - 3 full time employees in addition to himself.
                L Visa is issued to a person, who is a established businessman or has worked in Managerial capacity to form a company here in the United States. The sole purpose is that the new business will create new jobs for Americans.
                Still Ali Baba has a chance to appeal this decision with a firm plan for future. For this he will need services of a good Immigration Attorney who specializes in L Visas.
                God bless you and your family always.

                Comment


                • #9
                  Just know that there are so many here that really appreciate your help and I am one of those people.

                  Thanks so much for your explanation, but still, I just do not understand how they can reject someone so soon in starting out a new business.

                  Ali Baba, I will keep you in my prayers in hopes that everything will go well for you.

                  Umesh Passi, God Bless You For Who You Are. God knew what he was doing when he created you!

                  Comment


                  • #10
                    To One Heart:
                    Thanks for your kind words.
                    Main purpose of issuing L Visas to Foreign Businessman is to open businesses here in the United States and create jobs for atleast 10 Americans within 3 years. By opening and operating a business here is to participate in the uplift of U.S. Economy. L Visa is not issued just for aliens to come and get legal status here. They have to show that they can open and operate a successful business here.
                    God bless you always.

                    Comment


                    • #11
                      a person filing for an L1 also has to demonstrate that there is a fully operating "parent" company in their country of residence. It cannot be a "mail drop" or some other bogus address created to give the appearance of a normal business. My bet is the Ins found out that there is NO parent company in your home country and that is why they denied your application. This is a typical maneuver by those trying to just work in the US - they make up papers about the suposed parent company, then, when INS or someone from the embassy tries to track down the real story, they found nothing.

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                      • #12
                        We do have a fully operational watchmaking and
                        jewellery business in my home country and no one from the embassy or consulate has contacted us there.This is no mickey mouse lia application,it meets all the lia criteria.
                        I thank all respondants for their input and appreciate their unselfish assistance.

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