hello my dear friends i'm stanislav shamif a licensed business immigration and a corporate attorney in miami florida today i'm going to be discussing five top reasons why your l1 visa may be denied at the end of this video you'll be able to learn how to get a free evaluation of your case from myself let's do this my friends i noticed that only 60 percent of you that watch my video subscribe to my channel please do subscribe to my channel so i know that the time that i spend on this is not lost i'm doing it for you i'm creating a lot of free content so please subscribe and uh we both benefit and also smash the like button so i know that you are interested in the business immigration and you want me to create more content on business related visas okay in short let's remember what is l1 visa l1 visa is opening up a startup or purchasing an existing business in the united states of america that is affiliated with your company outside of the united states of america for example you have business in italy you have a restaurant and you want to open up a restaurant here in the states and transfer yourself from the managing position in a restaurant in a managing position in the u.s restaurant and scale it and grow it if this is the case l1 visa is just for you and one little remark that your business in the united states of america does not have to be the same as back in your country so in my previous example if you have a restaurant you don't have to have a restaurant here you may open up ice cream parlor or you may produce goods or sell services it does really matter as long as i can show that your experience on a managing or executive position outside of the states can be translated for the business in the united states if you want to know more details on this visa please watch my prior videos where i describe the criteria for this visa and i explain the details and the process of how to apply and how to get it this video is specifically five top reasons why you may get a denial reason number one you do not have enough employees in your foreign business it's really important to work with experienced attorney with the l1 visas or whatever visa you want to do why because certain things in certain ways the uscis is looking at the petition is not written into the law the law says one thing and uh uscis adds its own policies how they treat that law as long as it doesn't go beyond the law and it could be challenged in the court this is perfectly fine so the way the immigration services look at the number of people in the business is actually connected to the second reason why you may get it now for this visa which i'm going to describe later but still we have to show that you are a manager or an executive if you don't know the difference maybe l1 visa is not for you but manager is the one who manages certain department of the company or generally manages the company the executive a person who is responsible for strategic development of the company let's make an example if you have a company with a few departments let's say one of them is marketing department one of them is sales department each department may have its own managers right so a manager of the marketing department the manager the sales department and they have people under the control that way we can show that whoever is above the managers of the departments are either managers also or executives for example if you have a director is managing your company as well the managers can be under control of directors and directors report to ceo of the company ceo and director in this company may possibly get the l1 visa because we can show that they are in a managing or executive position the manager of the department is not because they manage only operational or administrative employees so they don't manage the managing people and this is very important you have to manage other managing people or executive people depending on where you are so if we don't have at least 12 to 15 people in your company outside of the states it's almost impossible to prove that you are doing what you're doing you know the stories your friend told you the story you read on forum and google told you and i know these stories that we got l1 uses for the company with less than that however in my opinion those are high risk petitions and uh i would ask you to get at least 12 to 15 people not to get denial on this basis so the second reason you cannot show that you are a top manager or the executive of your company stanislaw what about functioning manager okay if you ask that question to yourself or to me you you did your research you did your analysis that's very good it's very impressive it's true that a functional manager does not have to have people under his or her control however the infrastructure of the company should be such that everything else that needs to be done is being done by other employees who could be a functional manager for example executive position in the company who is responsible for negotiating and signing the large contracts so you don't have to have an employee to uh to do this work you can do it by yourself and because you're in a senior position you have the power to change the terms and sign those contracts but if you don't have let's say in this example it's a manufacturer if you have the production if you don't have the sales department if you don't have the logistics department if you have the finance department we won't be able to prove that your functional manager even though you do the higher level of things in the company so functional manager is separate in ninety percent of the cases we're dealing with people who control other people so uh only managers top managers and executive positions control other people we need to have a three level of control for the person who is being transferred from the foreign company and the foreign companies the one that's outside of the states to the united states with the executive position the director who reports to ceo who has the manager of the marketing department is going to satisfy the criteria of the executive because it's the executive position and there is a manager or managers maybe that position is responsible for two or three departments in the in the company and there is a three-way structure so the person executive himself the manager and the other employees in the department if the marketing department is huge like for example in my company i have 10 people in the marketing department right so maybe one person is not enough to manage all these people maybe within the market department you have a manager then other project managers and people under the control of the project managers in this case the marketing manager could also be transferred to the united states of america because now we have three-way control under this manager so manager himself the project managers and the third one is the regular employees who's doing the actual work it's very common uh to get a denial we cannot prove that you are in this top position and also don't forget and of course you'll probably watch my prior video about the l1 criteria we not only have to show that you are a manager or executive we actually have to prove it as as funny as it may sound and we need to produce all the paperwork showing how exactly you perform your duty but this is for a separate video but you have to know that you have to prove your position first of all to me so i could prove it to the immigration officer number three lack of adequate financing of your american business of course if you already have a working operations in in the united states of america and you're just transferring yourself or your employee or somebody in your company to manage function or certain department or company there's no problem with funding because that company is already operational and and there is no need for additional capital however if it's a new offices start-up business which is one of the options for l1 visa you actually have to prove and i have to show that to the immigration officers that you have adequate funding capitalization of that company status law how much money do i need to have to start the l1 visa so it satisfies the criteria of financing well there is no certain answer to this question because each business is different however i can give you a few insights so you have an idea first of all and most importantly that number is going to be shown in your business plan and we're going to talk about business plan a little bit later so basically the amount of money you have to have in your american company is enough for the company to break even in the future whenever you create a business plan for your operations you need to make sure that all the expenses and everything you do to invest in the company is going to be enough until the company is going to start making money and break even right to be able to uh support itself fifty thousand dollars it's 50. if it's 100k it's 100k if it's two i don't know it depends how big is your idea how big is your business what what exactly you do but that should be enough to support the company at least for the first year or even if it's less show it in the business plan that you can start making enough money and it's very common when immigration officer says well it doesn't really seem that your finance is adequate to support your operations in the year one because your business plan says abc and we have xyz and they don't match so make sure that finance is adequate if you had to put me in the corner and put a gun to my head and say stanislaus give me the number i would say it doesn't really make sense to start l1 visa if you have less than 100 to 150 000 it doesn't mean that you will spend that amount maybe you'll spend only 50 or 60 or 80 out of these but to be on the safe side and to have a good cushion for unexpected unforeseen things this is the amount i would start if you would ask how much should you have to purchase an adequate business for uh l one visa lower line is uh 250 000 but realistically probably four to five hundred thousand dollars and more right so those are the numbers from my practice from my experience i'm doing this more than seven years and that's the way it is number four bad business plan and again you see everything is interconnected in those five reasons business plan is a must for a startup business for l1 visa and sometimes even for the existing business if it doesn't completely satisfy the criteria to get an l1 visa you need to make sure that your business plan conforms to these standards in the industry here in the states in the case with my clients we work with the professionals here in the states they speak all languages in the world who can help you to create a good business plan they will charge you probably between fifteen to twenty hundred dollars they will do great work to show your idea on the paper what you have on your mind and of course maybe about ten percent of my clients create the business plans uh themselves i have nothing against it as long as it's uh the way the immigration officer wants i'll give you the templates i'll show you things that you need to pay attention to but will have no responsibility for that right so make sure your business plan is good the numbers do match it's realistic because sometimes i see the business plans and you know i'm not i'm not a business consultant but i already can see that some things don't click either the demands are too high or the expectations are too low very high numbers with the millions within first years you know it should be realistic and also very important to match your business plan with the descriptions of your u.s business because sometimes as discrepancies and that means that there is no single line there is no single understanding so make sure everything matches and your business plan is good and realistic and reason number five you don't claim that your business will have enough personnel at the end of year one year three or year five to support your american operations and especially this applies to the new offices to the new startup because it's a one-year visa and then we have to extend it to renew it and uh it's critical to have five people under your control at the end of year one and eight people under your control in the at the end of year three stanislav my business does not need that many people i need only maybe two three persons and i'll be making good money i don't need all that well if this is your case then l1 visa is not for you because l1 visa is only for those who will manage other people l1 visa does not care if you make money or you don't make money of course it's important but it's not the main focus the main focus is that you're either manager or executive and you're going to either manage other people or manage a function of the company and to make like i said before to manage a function of the company you still have to have a lot of people stanislav i read on forum on google this attorney told me i have a friend i heard bum bum bum bum i also heard i also read somebody told me and i also had my cases where i extended l1 visa with three employees after the first year and i extended uh with five employees after the third year however those are very high risk petitions like i told you in the very beginning if you have less than 12 to 15 people so if you're willing to risk well with everybody when everybody understands the risk this is not a problem however if that's not what you're looking at please consider maybe e2 visa maybe o1 visa watch my other videos i'll give you more details so guys smash the like button if you like the content of this video i really put a lot of time into this so if you like my videos it encourages me to create more content and if you think you qualify for l1 visa please go down below this video and fill out the questionnaire that i prepared for you very detailed and answer every question in in detail and i'll give you a free evaluation of your case within 48 hours something that other attorneys call a consultation and charge you 300 dollars subscribe to my channel subscribe to my uh instagram shamaiofbusinesslaw you'll find the links below this video subscribe to my tic tac a lot of good entertaining and actual content that's going to help you to understand the visas the links also below this video this was stanislav shamif the glory of your future your future starts here good luck [Music] you
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