EB-2 Visa for Green Card

D&A Obtains Three L-1 Visa Client Petition Approvals in Single Day

The approvals are the culmination of hard work from our L-1 Visa team throughout the pandemic.

Davies & Associates received the great news that three of our L-1 visa petitions were approved today. The L-1 Visa allows a manager, executive, or specialized-knowledge employee to transfer to the existing or newly established US office of a related company they work for overseas.

Two of the petitions were for employees in the same UK company, operating in the renewables and hydrocarbon space. When the client came to us, they were starting to feel hopeless because everyone that they have spoken to told them getting an L-1 petition approved for their team is not possible. We took the case and perservered, and now one manager and one executive have received and approval for their L-1A visa.

The L-1A Visa, which is specifically for managers & executives, is renewable for up to a maximum of seven years. The L-1B Visa, which is for specialized-knowledge employees, is renewable upto a maximum of five years.  

The company owns and operates five of the world’s most advanced and capable self-propelled jack-up vessels that have been built specifically to perform in the harsh environment of the North Sea and provide safe and efficient offshore solutions all over the world.  The vessels are designed to comply with the stringent regulations required to work in the international oil and gas sector. With a track record of over 500 wind turbine installations, the vessels have proven that they provide an effective solution to the installation and maintenance of offshore wind turbines and foundations. Likewise, the vessels have brought a new dimension to maintenance, modification, construction and decommissioning of oil & gas wells and platforms in the North Sea. 

The petitioning US company has a cooperation agreement with one of the biggest energy companies in the US. The US company provides consultancy and engineering services designed to ensure the successful construction of, as well as operation and maintenance of wind turbine Installation vessels specifically designed for the installation of offshore wind turbines. It will support the design and construction of self-propelled vessels that will ensure safe operation in various weather conditions and more hostile sea conditions.  

The unique nature of the industry and the unconventional business operations of the group of companies proved to be challenging, but in the end, we are glad to share that the two petitions have been approved. We are looking to file 3 more L-1 petitions for specialized employees for the client soon.

Kudos to our great team for tremendous effort on these two petitions. We had to work on the Request for Evidence (RFEs) and get the responses filed during the holidays.

The third approval is for a client who came to us with a Request for Evidence. The Indian and US companies operate playground/entertainment centers for children. The L-1A petition was prepared by another attorney. The petition had a lot of inconsistencies and discrepancies in the forms and the cover letter. There was also a serious discrepancy in the DS-160 pertaining to the beneficiary’s executive experience. On top of that, the duties and responsibilities were generic and poorly prepared. Thankfully, our response convinced USCIS to approve the petition. 

The L-1 Visa allows for the intracompany transfer of a qualifying employee to the United States. The related US business can be an existing business or a newly established one. The L-1 visa therefore provides a great opportunity to expand your business and move to the US to oversee the establishment and growth of the enterprise.

Contact us to discuss your interest in the L-1 Visa


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Special Consideration for UK E-2 treaty Investor Visa Applicants

Special Considerations for E2 Treaty Investor Visa Applicants from the United Kingdom

Did you know the United Kingdom holds the oldest E-2 Treaty with the United States of any country in the world. It dates back more than 200 years and highlights how the E-2 Visa transcends the ever-changing political winds in Washington.

Yet, unlike other countries, Britain’s E-2 Treaty contains a quirk – applicants must be an “inhabitant” of the British Isles. This is taken to mean that you should be permanent residents of the UK and domicile there in order to obtain E-2 Treaty Investor Visa status. The same is also true for its sister visa, the E-1 Treaty Trader.

What this means is that a UK E-2 applicant who currently resides outside the United Kingdom, no longer retains a residence there, or spends long portions outside the country may find that their applications are rejected.

That contrasts with other E-2 countries. Take, for example, Grenada, an island nation in the Caribbean with an E-2 Treaty with the United States. Our firm has helped clients obtain citizenship by investment of Grenada and then proceed to obtain a US E-2 Treaty Investor Visa. This route is mostly popular with people who do not come from countries with an E-2 Treaty with the US – India, Russia, China and Vietnam are examples of this.

To obtain and maintain Grenadian citizenship you never need to visit or be physically present in the country. We do recommend that anyone seeking an E-2 Visa from Grenada visit the island and establish a connection to the island, but you do not need to offer proof of residency in the same way as the UK.

That said, the E-2 is a non-immigrant visa and you must prove an intention to depart the US eventually – regardless of where you apply from. Of course, the E-2 visa can be renewed forever provided the underlying business continues to operate successfully. You can also transition to a Green Card under the Direct EB-5 visa route or the EB-1c Visa route. But the intention to depart must be clear when you are applying for a visa.

In this regard, the E-2 Visa contrasts with the L-1 Visa, which has so-called “Dual Intent”. For, while the L-1 Visa is a non-immigrant visa, you do not need to prove that you intend to depart and can actively seek a Green Card (the EB-1c is the usual route for most L-1a Visa holders).

Acceptable Evidence of UK Residency

  • If the applicant is employed in the UK, photocopy of the most recent payslip to show that Tax and Natonal Insurance is being paid in the UK
  • At least 3 months of statement/record of payment of local utilities such as gas, water, electric, local council taxes
  • At least 3 months of lease or mortgage payment
  • Bank statements for a current account reflecting local direct debit charges or transactions in the last three months
  • Signing onto the Electoral Register – not essential but we recommend this.

Non acceptable proof of UK residency:

  • A copy of a U.K. Driver’s license or any information regarding the ownership of a car
  • TV license
  • Cell phone bill
  • Rewards/sports club cards for supermarkets/departments, etc
  • NHS, Doctor or Dentist information
  • Letters from friends or relatives

As ever, the best course of action is just to speak with our team. Our network of talented immigration lawyers across the United States, supported by our team in London, can offer guidance on the credibility of your UK E-2 application and discuss alternative solutions if needed.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


L-1 Visa for Manager of Small Business

L-1 Visa: Are Managers of Small Businesses Eligible?

In our latest video, our Senior Immigration Attorney Verdie Atienza dispels the myth that managers and executives or small businesses are not eligible for the L-1 Visa. The L-1 Visa allows for the transfer of management-level employees from the overseas office to the US office of the same company.

D&A Immigration Lawyer Verdie Atienza discusses L-1 Visas for Small Businesses

There is a widely held preconception that only big multinational firms are eligible for this visa because many of the recipients of L-1 visa work for large multinational companies. But that does not mean small and medium sized enterprises (SMEs) are not eligible. In fact, you do not yet need to have established the US entity in order to pursue the L-1 route.

Davies & Associates helps a growing number of businesses pursuing the New Office L-1 route. This is where our team of corporate lawyers assist you with setting up the US office and then our immigration attorneys assist you with the employee transfer under L-1 Visa category.

As Verdie explains in the video, the company must have a relevant relationship with the new US office. That could be parent, subsidiary, affiliate or branch. The important thing to look for in a law practice is one where the corporate and immigration teams work closely together because it is vital to ensure the US office is structured in a way that complies with the immigration regulations.

The L-1A Visa targets managers and executives and is valid for up to seven years. The L-1B targets employees in the company that hold specialized knowledge and is valid for upto five years. The initial validity period of an L-1 Visa (i.e. before renewal is required) depends on your country of origin and can be found in the State Department’s Reciprocity Schedule. New Office L-1 Visas are initially granted for one year so the authorities can check on the progress of the business sooner.

Contact Verdie the L-1 Visa Lawyer to discuss your specific interests and circumstances. In addition to L-1 Visa, Verdie also manages our firm’s E-2 Treaty Investor Visa practice.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.