Covid-19 has changed the rules for travel, engagement and employment. Many companies have started to reduce wages and put staff on leave, and some companies have reduced hours or terminated employees.
This situation can cause particular difficulties for people who are on L-1As for a new office given that this visa is only granted when the U.S. company has been operating for less than a year and the visa is only granted for one year. At the end of that year, the government generally expects the U.S. company to demonstrate that it has hired sufficient employees to prove that the person on the L-1A visa is only engaging in qualifying executive or managerial duties.
If you are on an L-1A visa for a new office and have been impacted by the Corona virus, there are some strategies you can use to try to renew or extend the visa even if the company has not been able to hire employees or has had to furlough or terminate some employees:
- Request one additional year, rather than two or three: Normally after one year you can request an additional two or three years for the L-1A, however, if the company has had major setbacks and has not been able to hire employees, you could position the extension as another “new office” petition and argue that the L-1 status should be extended for 1 year to allow more time for you to build up the company’s operations.
- Demonstrate that employees from the foreign company are performing non-executive tasks: If the U.S. company currently cannot support employees other than the L-1A executive, you can demonstrate that the executive is only performing qualifying duties by including information about the company abroad, such as organizational charts and position descriptions showing that there are sufficient staff members at the foreign company who are handling administrative tasks for the executive.
- Utilize capital from the company abroad to maintain employees: If the foreign company has the resources to capitalize the U.S. company to allow it to hire employees, this would strengthen a renewal application, especially if the funds are utilized to pay U.S. employees who can support the work of the L-1 executive or manager.
You can find key immigration information related to the Corona Virus below
- Top 10 Covid-19 Immigration Questions
- Implications of Layoffs for employers who have employees on H-1B and/or E-3 Visas
- USCIS announces flexibility for request for evidence (RFE) and Notice of Intent to Deny (NOID)
- Information on Consular closures during Covid-19
- USCIS issues guidance on Remote 1-9 verification during Covid-19
- USCIS office closures due to Covid-19
- Can I apply for Unemployment Insurance Benefits while on a Visa?
- Canada/U.S. Border Closures
- USCIS announces temporary suspension of premium processing
- What can you do if your ESTA is running out?
- Travel Ban for Europe
- Stimulus Bill (All 800 pages)
- Information on Small Business Loans related to the Stimulus package
- USCIS to accept scanned/reproduced signatures instead of “wet” signatures on immigration petitions and forms
- Implications of furlough or termination if you are on a TN visa
- Does the Stimulus Bill impact my immigration status? Is there a public charge concern?
- Understanding the Stimulus Package for Small Businesses and the Paycheck Protection Program
- Small Business Administration COVID-19 Loans
- USCIS to Reuse Previously Submitted Biometrics to Process Work Permit Applications
- USCIS Temporary Office Closure Extended Until at least May 3
- SBA Loans and Public Charge Rules – Paychecks Loan Program and Economic Injury Disaster Relief Loan Program
- I am in the U.S. on H-1B visa and my employment was terminated due to the Corona virus outbreak.
- I am in the U.S. on an E-2 visa, can I apply for loans under the Stimulus Bill?
- Does Covid-19 impact my obligations as an H-1B or E-3 Employer?
- I am in the U.S. on E-2 employee visa. Can I apply for unemployment benefits due to the Coronavirus?
- I want to decrease the salary of my H-1B employee, what is the process?
- I am in the U.S. on a non-immigrant visa and my employment was terminated due to the Corona virus outbreak.
- I am on an E-2 visa but cannot go back to my Consulate to Renew, what can I do?
- I had to terminate the employment of an H-1B employee due to the Corona virus outbreak. What are my obligations as an H-1B Employer?
- If I get laid off or furloughed am I still eligible to get a green card?
- My status is running out and I cannot leave because of Corona Virus.
- Presidential Proclamation Suspends Some Immigrants from Entering the US for 60 Days but will have very limited Impact
- USCIS Extends Flexibility for Requests for Evidence and Notices of Intent to Deny
- I am in the U.S. on E-1 treaty trader/E-2 investor visa. Can I furlough my E-1/E-2 employees?
You can set up a consultation by clicking the link below.
To find out more about our services and fees contact Scott Legal, P.C.
This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.