E Treaty Trader and Treaty Investor Visas

As part of its foreign relations program, the United States has entered into treaties with other countries that enable certain foreign nationals to obtain “E” Treaty Trader and Treaty Investor visas or status in the United States. The treaties are arrangements, which seek to enhance and facilitate economic and commercial interaction between the United States and the country that signs the treaty. Since these arrangements vary by country, it is recommended that you seek the advice of an experienced immigration attorney, to confirm if your country has such a treaty with the United States and if there are any restrictions for obtaining the visa or status. Nonetheless, here is some very basic information which must be taken into account when considering if you want to apply for an E-visa or status.

Overview of the E visa

One of the main advantages of having an E-visa or status is that it allows you to be your own boss, since you would be working for your own company in furtherance of your investment or trade. Other advantages are that it allows you to remain in the United States for an indefinite period of time, it does not require you to maintain ties to your home country, and, if you obtain your E-visa from the U.S. Embassy in your home country, you can travel outside of the United States, without giving up your status or visa, so long as it is still valid.

The E visa or status has two subcategories, the E-1 classification is for treaty traders and the E-2 classification is for treaty investors. Regardless of the classification, in order to be eligible for an E-visa or status, the following must be established: you, as the principal applicant, must be a national of a country with which the United States has a treaty; a business must be established from which you will work under your E-visa or status; and at least fifty (50%) of the business must be owned by nationals of the treaty country. If you are granted the E-visa, your foreign-born spouse and children can obtain the same E-visa or status, regardless of their country of nationality.

E-1 Treaty Trader classification

The E-1 classification is given to allow an individual, who is in a supervisory position or who can perform essential services for the company, to carry on substantial trade between the United States and the country of which they are nationals. You must show that an actual exchange of items of trade, such as goods or services, is the basis for obtaining this classification and that this exchange of goods or services is already in place. Trade is defined for immigration purposes as the international exchange, purchase, or sale of goods or services. Thus, developing the domestic market without international exchange does not qualify for the E-1 classification. Furthermore, the trade between the countries involved must be substantial; in other words, the amount of trade must be sufficient to ensure a continuous flow of it over time, as opposed to a single transaction.

E-2 Treaty Investor classification

Unlike the E-1 Treaty Trader classification, which requires that trade already be in existence at the time the classification is sought, the E-2 Treaty Investor classification can be given to an individual who is establishing a new company in the United States. The E-2 classification allows you to work in the United States to develop and direct the operations of a company in which you have invested or are in the process of investing a substantial amount of capital. You must establish that you own or have acquired at least fifty percent (50%) ownership of the company in the United States and that you will be working in a managerial capacity for the company.

In addition, as the Treaty Investor, you must show: that you have made an irrevocable and substantial investment in the company, meaning that your investment is at risk of partial or total loss if the investment fortunes reverse; that you are coming to the United States to develop and direct the company; and that the company has the ability to generate more than enough income to provide you and your family with a minimal living. Your investment in the company must be funded by capital for which you are personally liable and which is not be secured by loans. Although there is no amount specified under the definition of substantial investment, a proportionality test is used on a case-by-case basis taking into account the industry, type of enterprise, size and commercial value of the proposed business.

Employees of E-Treaty Companies

Employees of qualified treaty persons or business organizations may obtain their own E-visa. However, they must have the nationality of the treaty country who is maintaining the status of Treaty Trader or Treaty Investor and they must be coming to the United States to work in a supervisory capacity or to perform essential services for the company. However, the status of that employee terminates as soon as the principal’s Treaty Trader or Treaty Investor status ends.

Visa Application and Duration

You can apply for an E-visa through the U.S. Embassy in your country of nationality. You can also apply for E-status through the offices of U.S. Citizenship and Immigration Services, but only if you are physically present in the United States and in some other lawful status. Please note that while the granting of an application for a change of nonimmigrant status to E-status permits you to remain in the United States as a Treaty Trader or Treaty Investor, this authorization is not an actual visa. The actual visa can only be obtained at the U.S. Embassy in your home country.

The maximum validity period for an E-visa depends on the agreement signed by the U.S. and the treaty country. The maximum period is usually five years, but every time you enter the United States, you are generally granted two years of stay at a time. Fortunately, the E-visa may be extended indefinitely, so long as you can show you continue to qualify for the same.

Suggested documents to collect for the application

As with any application filed to gain an immigration benefit, there are forms to be completed and supporting documents to be presented. We suggest that you contact an experienced immigration attorney to assist you with the complete preparation of the application packet. However, here is a list of some of the documents that you should try obtain for the application packet:

As proof of ownership of the U.S. company:

• Copy of the incorporation or registration certificates of the company in the United States
• Evidence of obtaining an Employer Identification Number from the Internal Revenue Service
• Minutes of the first meeting of the board of directors
• Lease/sublease or other evidence showing the establishment of an actual office in the United States

As to information on the type of business to be established in the United States:

• Brochures or promotional materials
• Copies of any licenses to conduct the type of business
• Receipts for purchases of inventory or equipment, purchase orders, or trade correspondence

As to evidence of the amount of the investment and the source of the funds:

• Bank statements showing the transfer of funds from a foreign bank to a U.S. bank
• Statements showing the withdrawal of funds from a foreign bank and statements demonstrating their deposit into a U.S. account

As to evidence of the investment itself:

• Receipts for purchases of equipment, real property, and/or start-up inventory
• Receipts for telephone costs, costs of any required licenses, initial rental costs of equipment, purchase of inventory and any other costs incurred to establish the U.S. company

As to the prospects for the proposed investment:

• Sales contract or agreement to purchase the enterprise
• Letters or documents demonstrating ongoing negotiations
• Detailed business plan or market research study for the company
• Financial projection of the U.S. company for the next five years, preferably prepared by a Certified Public Accountant

As to the duties to be performed by the Applicant:

• Personnel or organizational charts showing the personnel of the U.S. company or proposed personnel structure
• Detailed job description of the position to be held by the applicant

As to the Applicant’s qualifications:

• Letter of overseas entity verifying the applicant’s employment experience
• Copies of degree certificates or proof of academic achievement
• University transcripts
• Resume or curriculum vitae, which details the employment history of the applicant giving dates, title and description of duties performed abroad

Organizational chart of the overseas entity describing the applicant’s position in the hierarchy or structure in relation to other employees, if applicable.

A.      H1B Visa Requirements Criteria for Determining Employer’s Eligibility

To be eligible for sponsoring an H1B visa Requirements, the employer must prove that:

1.      The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning

2.      The position requires a specific course of study which relates directly to the position

3.      Attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position

H1B Visa Requirements

B.      H1B Visa Requirements Criteria for Determining Employee’s Eligibility

To be eligible for an H1B visa Requirements, you must demonstrate that you have:

1.      Full state licensure to practice in the occupation, if such licensure is required to practice in the occupation

2.      Completed the degree required for the occupation or possess experience in the specialty equivalent to the completion of such degree

3.      Recognition of expertise in the specialty through progressively responsible positions relating to the specialty

C.      H1B Visa Requirements Positions Generally Considered Professional

Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietitian, Electronics Specialist, Fashion Designer, General Manager (where business is complex), Graphic Designer, Hotel Management, Industrial Designer (with B.A.), Interior Designer (commercial), Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Social Worker, Technical Publications Writer and Vocational Counselor.

Note: If your position is not listed above, you may want to contact us to determine if the U.S. Citizenship and Immigration Services (USCIS) would consider the position offered to you as a professional position.

H1B Visa Requirements

]]> http://www.usvisacenters.com/h1b-visa-requirements/feed/ 0 http://www.usvisacenters.com/h1b-visa/ http://www.usvisacenters.com/h1b-visa/#comments Fri, 01 Apr 2011 12:10:00 +0000 admin http://www.usvisacenters.com/?p=100 H1B Visa

Professionals in Specialty Occupations and Fashion Models
The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or architect. . H1b Visa

Benefits of the H1B Visa

A.       You do not have to maintain foreign residence and show intent to return to your home country while applying for the visa

B.       Your dependents can stay with you as long as you maintain your H-1B status. They can also attend school

C.       You can freely travel in and out of the U.S. provided you have a valid visa

H1B Visa

Applying for the H1B Visa

You cannot apply for an H-1B visa as an individual. A U.S. employer has to sponsor your H-1B visa. To sponsor you, the employer must:

File a Labor Condition Application (LCA) with the U.S. Department of Labor

File USCIS Form I-129, Petition for nonimmigrant worker with
H supplement and supporting documentation and the approved LCA with the USCIS

If you are overseas, you must take the H-1B approval notice to the American Consulate to obtain the H1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H-1B approval notice.

 

Note: If you are currently on H1B Visa status, then you can start working upon filing of the new petition.

]]> http://www.usvisacenters.com/h1b-visa/feed/ 0 http://www.usvisacenters.com/l1-visa-requirements/ http://www.usvisacenters.com/l1-visa-requirements/#comments Fri, 01 Apr 2011 10:39:56 +0000 admin http://www.usvisacenters.com/?p=79 L1 Visa Requirements

A.       Criteria For Determining Employer’s Eligibility

To be eligible to sponsor an L1 visa, the following conditions must be met:
1.      A qualifying relationship must exist between the U.S. company and the foreign company abroad

2.      Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain

required levels of operation results in the loss of L1 status

 

L1 Visa Requirements

 

 

B.  Criteria For Determining Employee’s Eligibility

To apply for an L1 visa, you must demonstrate that:
1.      You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate

2.      You are a manager, executive or a specialized knowledge professional

The following procedure is involved for L1 Visa Requirements:

The employer company files a petition for nonimmigrant visa on Form I-129 in the name of the employee for L1 Visa Requirements . The petition determines the eligibility of the employee. Under Regular L1 visa scheme petition needs to be file for each and every employee, L1 Visa Requirements while under the Blanket L1 visa scheme a copy of the blanket petition needs to be filed. On approval of the petition, the foreign national makes a visa application. Separate applications made for Managers/Executives and Specialist. L2 visa application for dependents is made after L1 visa has been applied for L1 Visa Requirements.

L1 Visa Requirements

]]> http://www.usvisacenters.com/l1-visa-requirements/feed/ 0 http://www.usvisacenters.com/l1-visa-extension/ http://www.usvisacenters.com/l1-visa-extension/#comments Fri, 01 Apr 2011 10:23:49 +0000 admin http://www.usvisacenters.com/?p=73 L1 Visa Extension

L1 status may be renewed and extended within the United States. Except in the case of blanket petitions, a new I-129 petition must be filed. Renewal in the United States applies to status only, not the actual visa in the passport. For visa renewal, the applicant must go to a U.S. consulate or embassy outside the United States. An alien cannot leave the United States and then reenter without a valid L1 visa extension, and must appear personally before a consular officer for visa issuance. This often leads to difficulties for applicants, because it means leaving their adopted home in the United States for as long as it takes the embassy to issue their new visa. In particularly busy times of year, or at some consulates or embassies, this can take several weeks or more.

L1 Visa Extension

L1 Visa Extension

Can I extend my stay on L-1 visa?

Yes, you may apply for L1 visa extension using Form I-129, and L Supplement. Extensions of two years at a time may be allowed until you have been in the U.S. for a total of seven years if you are a manager or executive.

 

L1 Visa Extension

]]> http://www.usvisacenters.com/l1-visa-extension/feed/ 1 http://www.usvisacenters.com/l1-visa-2/ http://www.usvisacenters.com/l1-visa-2/#comments Fri, 01 Apr 2011 09:53:09 +0000 admin http://www.usvisacenters.com/?p=64 L1 Visa

Intra-company transferees

L1 Visa is Suitable For:

• L1 Visa for Foreign national executives being transferred to the U.S. to manage an organization or a major function or division of an organization
• Foreign national managers being transferred to the U.S. with L1 Visa to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision
• Specialized Knowledge employees of companies outside U.S. that have related U.S. branches, subsidiaries, affiliates or joint venture partners coming with L1 Visa
• Employees and partners of international accounting firms of course using the L1 Visa Services
• Multinational companies to transfer foreign national executives to manage an organization or a major function or division of an organization in the U.S.
• Multinational companies to transfer foreign national managers to supervise work of other supervisory, professional or managerial employees, or who manages an essential function, department or subdivision in the U.S.
• Multinational companies to transfer L1 Visa employees with specialized knowledge such as, its products, research methods and marketing techniques

L1 Visa

L1 Visa – Reviews

“Applying for an L-1 Visa was a daunting experience with so many bureaus advising different information. US Visa Centers  advised us what was required and were very helpful. Take care.”

“Information that i found at Us Visa Centers helped me gaining the L1 Visa without any problems, thanks for making my life easy and dreams come true.

Benefits of the L1 Visa

A.       You may legitimately come to the U.S. as an L1 intra-company transferee and at the same time, lawfully seek to become a permanent resident B.       You can freely travel in and out of the U.S. while on a valid L1 visa C.       Your dependents can live with you in the U.S. D.       Your spouse can apply for a work permit by filing Form I-765 and engage in employment L1 Visa

]]> http://www.usvisacenters.com/l1-visa-2/feed/ 0 http://www.usvisacenters.com/h1b-visa-faq/ http://www.usvisacenters.com/h1b-visa-faq/#comments Wed, 30 Mar 2011 11:37:38 +0000 admin http://www.usvisacenters.com/?p=61 1.    What is H-1B work visa?

The H-1B specialty workers visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. and perform services in a prearranged professional job. The job must be in a ‘specialty occupation’ and must require a bachelor’s degree as a minimum for entry into the field.

Note: The H-1B work visa allows an organization with an IRS Tax Number/ Federal Employer Identification Number to employ a foreign national for up to six years.

2.    What is ‘specialty occupation’ for the purposes of H-1B visa?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent.

Note: Architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

3.    How do I qualify for H-1B visa?

To qualify for H-1B visa, you must:

•        Demonstrate that you have the ability to work in the specialty occupation that requires the theoretical and practical application of highly specialized knowledge
•        Be coming to the U.S. to earn money or a livelihood working in a professional capacity, and not for pursuing a hobby, for pass time, giving free advice or humanitarian service
•        Seek temporary entry into the U.S.
•        Have a bachelor’s degree or the equivalent in work experience. You should have bachelor’s degree plus three years of work experience for each year of missing university education. This would be considered four-year bachelor’s degree

Note: This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense

4.    What are the benefits of H-1B visas?

The benefits of H-1B visa are:

•        Multiple H-1B visas: In most cases, there are no limits to the number of H-1B visas an individual may have in their lifetime
•        Green Card: The H-1B professionals may simultaneously seek Lawful Permanent Residency or a Green Card for themselves and for their family
•        Cost of early dismissal: The employer must agree to pay the foreign national the reasonable cost of transportation to go back to his/her home country if the employer terminates employment prior to the end of the authorized employment period. The foreign national will then go back to his/her home country. Normally, this is not a problem since the foreign national usually desires to stay in the U.S. and changes into another nonimmigrant status
•        If you change jobs you must reapply for a new visa, under the new position. This does not mean that you have another six years. The H category visa allows you to stay in the country for six years, regardless of whether you changed employers during this period. Those who arrived in the country on H-4 visas, and converted to H-1B status, have to remember that this six-year period starts counting from the day they arrived in the country on their H-4 visa

5.     What are the limitations of H-1B visas?

The limitations of H-1B visa are:

•        Temporary Duration: Because of the H-1B visa’s temporary nature, individuals who seek H-1B visa must have the intent to remain in the U.S. only temporarily. However, individuals who seek H-1B visas need not maintain a foreign residence and may later petition for Lawful Permanent Residence. If a petition for Lawful Permanent Residence is not made or the petition for Lawful Permanent Residence is denied, the H-1B worker will be required to return to his/her home country at the end of the authorized employment period
•        The H-1B Cap: An annual numerical limit is imposed on the number of H-1B visas issued during a fiscal year. For the fiscal year 2003, the cap is 65,000. However, the quota only applies to new H-1B applications, and does not apply to H-1B status holders who are seeking extensions or change of employer

6.    What is the validity period of H-1B visa?

Generally H-1B visa is granted for three years. It may then be extended, in the first instance for two more years, and eventually for another one year.

For further extension, the H-1B professional must remain outside the U.S. for at least one year before becoming eligible for another H-1B visa. If the professional acquires permanent residency (Green Card) he/she need not remain outside the country for one year. Certain foreign nationals working on Defense Department projects may remain in H-1B status for 10 years.

The six year limit has been relaxed by a new law on October 17, 2000. Now, you may apply for Extension of Stay of one year at a time, until your Green Card application is processed. The restriction is that you should have applied for Green Card within five years of being on H-1B.

7.    Can I bring my dependents on H-1B visa?

Yes, you may bring your dependents on H-1B visa. Your spouse and unmarried children are entitled to an H-4 visa and they can stay as long as you maintain valid H-1B status. However, they may not accept employment, but may attend school in the U.S. You may even bring your servants on B-1 visa.

8.    How do I apply for H-1B visa?

An individual may not apply for H-1B visa. H-1B status requires a sponsoring U.S. employer. A U.S. employer has to sponsor the H1B petition to employ a foreign professional.

9.    How should an employer petition for H-1B visa?

The Forms to be filed for an H1B petition are:

•        Form ETA-9035, Labor Condition Attestation, with the Regional Department of Labor office. Through this application your employer assures the DOL that he/she will provide you with fair salary and equal benefits which are provided to a U.S. citizen. It also states that it was not able to find any U.S. citizen who was qualified for the position
•        Form I-129, Petition for Nonimmigrant Worker, with H Supplement, and supporting documentation including the approved LCA should be filed with the USCIS Regional Service Center having jurisdiction over the city of intended employment. When it is approved, the employer or agent is sent a notice or approval Form I-797 and a copy of it is forwarded to the American Consulate

10.    What is the processing time for H-1B visa?

The H1B processing time varies because all cases are different. Generally it takes between three to six months to process an H-1B visa. You must wait at least two weeks after you send in your application for a receipt from the USCIS and another two weeks before you call the USCIS to check the status.

Note: When USCIS officials get your application package, they will send you a receipt showing the date your case was received and the receipt number assigned to it. Use the receipt number to track the status of your application when you call the number listed at the bottom of the receipt notice.

11.    What do you mean by ‘H-1B dependent employer’?

An employer runs the risk of becoming an ‘H-1B dependent employer’ if he hires too many H-1B employees. Employers are considered to be H-1B dependent if they fall into any one of the following three categories:

•        An employer has 25 or fewer full time employees of which more than seven are H-1B employees
•        An employer has between 26 to 50 full time employees of which more than 12 are H-1B employees
•        An employer has more than 50 full time employees of which 15% or more are H-1B employees

12.    When should I file my H-1B petition if I am currently under optional practical training on F-1 visa?

You may file for H-1B status while in your practical training itself. Getting H-1B takes a lot of time and sometimes you might have to wait for three to four months before you resume employment. If you file your H-1B petition while in the practical training, you will have your H-1B ready by the time you are out of training. If the H-1B petition is filed before the expiry of F-1 or B-2, you will not be out of status. If your OPT expires before the H-1B is approved, you cannot legally work until the H-1B is approved.

13.    What is the difference between H-1B status and H-1B visa?

An H-1B visa is a nonimmigrant visa issued by a U.S. Embassy or Consulate abroad. H-1B status is a nonimmigrant status issued by the USCIS to foreign nationals already residing in the U.S. or upon entry with an H-1B visa. Legal status allows you to stay legally within the U.S. while a visa allows you to seek entry into the U.S. legally.

14.    I have been fired recently while on H-1B status. Can I remain legally in the U.S. by changing status to another nonimmigrant visa category?

Yes, you may apply for Change of Status to another nonimmigrant visa category for which you qualify. USCIS officers have been allowed to exercise their discretion to grant you another nonimmigrant status, if you apply for change of status within 10 days after you are fired.
Note: If you are not planning to depart the U.S. the only way to maintain legal status is to file a new petition under a new employer or change status from H-1B to other nonimmigrant status, such as B-1 or B-2.

15.    What is the new ‘displacement’ or ‘no lay-off’ attestation rule?

There are two new ‘displacement’ attestations that apply to H-1B dependent employers:

The first requires the employer to attest that he did not displace and will not displace a U.S. worker employed by the employer within the period beginning 90 days before and ending 90 days after the filing of the H-1B petition based on the Labor Condition Application

The second requires the employer to attest that he will not place the H-1B worker with another employer where:

•        The H-1B worker performs duties in whole or in part at one or more worksites owned, operated and controlled by the other employer
•        There are employment relationships with the other employer, unless the petitioning employer has inquired of the other employer and has no knowledge that the other employer has displaced or intends to displace another U.S. worker

16.    What are the documents required to apply for H-1B visa outside the U.S.?

The documents required for H1B visa application are:
Passport
Documents sent by your employer:
•        LCA – Labor Certification Approval
•        Appointment letter by your Employer
•        Tax Returns Papers of the company (if your employer sends them)
•        Copy of letter to the Department of Justice
•        Copy of letter to the Consular General of the Indian consulate
•        Copy of the official evaluation of your degrees (if your employer sends it)
Your certificates:
•        Degree certificate
•        PG certificate (if applicable)
•        Appointment and Relieving certificates for all the companies where you claim employment or Service certificates from the company giving dates and duration of your service

Dates of any prior stays in the U.S. in H-1B status
Very short description of job duties with the sponsoring U.S. Company
If occupation requires licensure in the U.S., copy of current U.S. license or temporary license
A copy of your resume, any additional diploma or supporting certificates, just for good measure
Two Demand Drafts made in favor of the name specified – one for Processing Fee ($45)* and the other for Issuance Fee ($100)
Two/three passport size color photographs
If processing H-4 visas for dependent family members, copies of biographic and visa pages for all family members:

•        Copies of children’s birth certificates
•        Copy of marriage certificate

17.    What are the documents required to apply for H-1B status when already in the U.S.?

 

The documents required to process an H-1B petition while in the U.S. are:

•        Copy of the biographic and visa pages of current passport
•        Present U.S. address
•        Foreign address (may be address of parents or closest relative)
•        Day and evening phone numbers and/or e-mail address
•        Copy of Form I-94 card
•        Copy of all prior H-1B approval notices (if currently on F-1 status, copy of Form I-20)
•        Dates of any prior stays in the U.S. in H-1B status
•        Current resume listing employment history
•        Copy of your university or college degree, and if available, copy of university or college transcripts
•        If you have ever obtained a credentials evaluation, a copy of the credentials evaluation
•        Title with the sponsoring U.S. Company
•        Very detailed description of job duties with the sponsoring U.S. Company
•        If occupation requires licensure, copy of current license or temporary license
•        Social Security number
•        Copy of most recent W2
•        Copy of most recent pay slip with current employer

18.    What factors determine the prevailing wage for an H-1B beneficiary?

Relevant factors in determining prevailing wage include:

•        Job title
•        Educational and work experience requirements
•        Job duties
•        Job location
•        Labor contract terms

19.    What is the checklist for employers of H-1B applicants?

•        Copy of employment agreement, if any
•        Salary of the foreign worker
•        Full corporate name and address
•        Address where the foreign professional will be working
•        Name, title, phone number, fax number, e-mail address of company contact who will sign the petition
•        H1B visa employer’s federal I.D. tax number
•        Gross and net annual income for the employer for the most recent year for which such figures are available
•        Current number of employees
•        Year the company was established
•        Company brochure or other relevant company literature, if available
•        Number of H-1B workers on staff
•        Title and a detailed description of the position, including responsibilities and duties
•        Twenty pieces of corporate letterhead stationary

20.    How do I revalidate my H-1B visa?

Getting H-1B status and getting your visa stamped are two different things that are often confused. Getting H-1B approval implies that you are authorized to work in the U.S. and getting visa stamped implies that your passport has been authorized to enter the U.S.

Usually H-1B authorizations are issued for a period of three years and the date stamped on your passport would be close to this period.

21.    How do I get extension for my H-1B visa?

H1B extension is the extension of authorization to work in the U.S but it is not the actual visa. In order to travel across the U.S you need to get your visa stamped against the new extension, this is known as H-1B revalidation.

22.    What is the new legislation on H-1B visa?

The most recent legislation on H-1B is the American Competitiveness in the 21st Century Act of 2000, which became effective on October 17, 2000. The new legislation permits extension of H-1B status past the six-year limit where a labor certification has been pending for 365 days or longer, regardless of whether or not a Form I-140, Immigrant Petition for Alien Worker, has been filed. Another Act on H-1B is the 21st Century Department of Justice Appropriations Authorization Act, effective since November 2, 2002.

23.    What is premium processing of H-1B petition?

Through the USCIS Premium Processing Service U.S. employers may pay a $1,000 fee for expedited processing of their H-1B’s. This service guarantees that within 15 days USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation. This service is available from July 30, 2001. Employers may request Premium Processing by filing a completed Form I-907, Request for Premium Processing Service.

24.    What status will be assigned to H-1B workers who are laid-off?

If you are laid-off or have resigned from your current employer, you will lose your status immediately. It is advisable to leave the U.S. as soon as possible to avoid legal issues. You will not be able to change your status to any other visa because you have lost your valid visa status.

25.    Can I transfer my H-1B visa to another company?

You may apply for an H1B transfer to another company. For this you need a valid employment in the U.S. Also you have to prove that you have recent pay stubs (at least 60 days old) and last year W2 forms (if applicable). If you do not have recent pay slips, then you may need to explain the reasons to USCIS. (Unpaid vacation or long sick leave approval letters from your current employer may be considered.) As per law, the petitions that were filed after the last date of employment are not eligible for change of status or change of employment because the applicant becomes out of status when the applicant loses the job. The laid off H-1B worker will be considered out of status even though he has valid H-1B visa in his passport or valid I-94 card.

26.    I am still the employee of my company, but without pay, what is my status?

As per the law, you should get paid from day one of your U.S. employment. You cannot live in the U.S. without a salary unless you are on unpaid vacation or sick leave. Your status is legal and valid, but if you are not able to find another employment quickly, it is advisable to leave the U.S. If your employer refused to pay your salary, you can complain to the nearest USCIS office or Department of labor (DOL).

27.    I’m qualified as an MBA and I wish to work as a computer professional in a company that pays $50,000 annually, will I be considered as an ‘exempt H-1B employee’?

No, you are not an exempt H-1B employee. Your Master’s degree must be ‘in a specialty related to the intended employment,’ which means that your degree must be generally accepted in the industry or occupation as an appropriate or necessary credential or skill for the job. Since an MBA is not generally considered to be a degree necessary for computer programming, it does not meet the higher degree exemption clause.

28.    I’m not qualified with a Master’s Degree. But I can show that my work experience is equivalent to the knowledge and background of a Master’s Degree holder. Do I qualify as an ‘exempt H-1B worker’?

No, you do not qualify as an exempt H-1B worker. The equivalence to the degree may not be established through work experience. You must have been awarded a Master’s degree or higher in a field related to the intended area of employment.

29.     Can I reenter the U.S. with the same H-1B visa and join another company?

Yes, you may enter the U.S. with an H-1B visa from a different employer to join a new employer, but only if the new employer has filed an H-1B petition on your behalf.

30.    What if there is a change in my working conditions while I’m on H-1B status?

As long as you continue to provide H-1B services to a U.S. employer, most changes will not affect your H-1B status. You may change H-1B employers without affecting status, but your new H-1B employer must file a new Form I-129, Petition for Nonimmigrant Worker, before you start working for him. The merger or sale of your H-1B employer’s business will not affect your status in many instances. However, if the change means that you are working in a capacity other than the specialty occupation for which your employer petitioned, it is a status violation.

31.    Are there any travel restrictions on H1B visas?

No, there are no travel restrictions on H-1B visa. You may travel outside the U.S. and reenter as many times during the validity period of the H visa and approved petition.

32.    Can I intend to immigrate permanently to the U.S. when on H-1B visa?

Yes, you may apply for Adjustment of Status while on H-1B visa. You may be the beneficiary of an immigrant visa petition, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as ‘dual intent’ in the immigration law. During the time your application for LPR status is pending, you may travel on your H-1B visa rather than obtaining Advance Parole or requesting other advance permission from USCIS to return to the U.S.

33.    How does AC21 affect the H-1B cap?

Section 214(g) of the Immigration and Nationality Act sets an annual limit on the number of foreign nationals that can receive H-1B status in a fiscal year. For FY2000 the limit was set at 115,000. AC21 increases the annual limit to 195,000 for 2001, 2002 and 2003. After that date the cap reverts back to 65,000.

34.    Are there new exemptions to the H-1B cap?

Yes, in addition to increasing the cap, AC21 exempts H-1B workers who are employed by or have an offer of employment from:

•        Institutions of higher education
•        Related or affiliated nonprofit entity
•        Nonprofit or government research organization

Note: AC21 also specifies that H-1B worker be counted against the cap if the worker transfers from an ‘exempt’ employer to an employer that does not have an exemption. In addition, the FY 2001 cap does not include H-1B petitions filed after USCIS reached the FY 2000 cap on March 22, 2000 but before September 1, 2000. USCIS estimates that approximately 30,000 petitions were filed during that time frame.

35.    When did the law come into effect?

Almost all of the provisions of AC21 and the related legislation came into effect immediately upon enactment. The law was officially enacted on October 18, 2000. The sole exception is the increase in H-1B petitioner fee from $500 to $1000, which takes effect on December 17, 60 days after enactment.

36.    Are there any new filing exemptions?

Yes, an amended H-1B petition is no longer required when the petitioning employer undergoes a corporate restructuring, including but not limited to a merger, acquisition or consolidation, where the new corporate entity succeeds to the interest and obligations of the original petitioning employer and where the terms and conditions of employment remain the same but for the identity of the petitioner.

37.    Who are eligible to use the H-1B ‘portability’ provisions?

The portability provisions allow a nonimmigrant foreign national previously issued H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files H-1B petition for the foreign national. Previously, foreign nationals in this situation had to await USCIS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed ‘before, on, or after’ the date of enactment, so all foreign nationals who meet this definition can begin using the portability provisions.

38.    Are there any other limitations on the ‘portability’ provisions?

A foreign national must have been lawfully admitted into the U.S. The new employer must have filed a ‘non-frivolous’ petition while the foreign national was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. USCIS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the foreign national must not have been employed without authorization.

39.    How will employers who hire H-1B foreign nationals using the portability provisions comply with their I-9 requirements?

Current regulations, 8 C.F.R. 274A.12(b)(20), authorize employment with the existing employer after a request for extension of H-1B status is filed. The foreign national in this case is employment authorized but the I-9 Form, Employment Eligibility Verification, contains no provision for this authorization. Employers should follow the documentation procedures they currently use for an extension of this sort. Typically, this could involve attaching a copy of the receipt notice for the filed petition along with a copy of the foreign national’s I-94 to the I-9 kept on file.

]]> http://www.usvisacenters.com/h1b-visa-faq/feed/ 3 http://www.usvisacenters.com/h1b-visa-info/ http://www.usvisacenters.com/h1b-visa-info/#comments Wed, 30 Mar 2011 11:14:22 +0000 admin http://www.usvisacenters.com/?p=57 H-1B Visa (Professionals in Specialty Occupations and Fashion Models)

The H-1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or architect.

I.     Benefits of the H-1B Visa

A.       You do not have to maintain foreign residence and show intent to return to your home country while applying for the visa

B.       Your dependents can stay with you as long as you maintain your H-1B status. They can also attend school

C.       You can freely travel in and out of the U.S. provided you have a valid visa

II.     Requirements for the H-1B Visa

A.       Criteria for Determining Employer’s Eligibility

To be eligible for sponsoring an H-1B visa, the employer must prove that:

1.      The position offered requires knowledge, both theoretical and applied, which is almost exclusively obtained through studies at an institution of higher learning

2.      The position requires a specific course of study which relates directly to the position

3.      Attainment of a bachelor’s or higher degree in the specific activity (or its equivalent) is a minimum requirement for the position

B.       Criteria for Determining Employee’s Eligibility

To be eligible for an H-1B visa, you must demonstrate that you have:

1.      Full state licensure to practice in the occupation, if such licensure is required to practice in the occupation

2.      Completed the degree required for the occupation or possess experience in the specialty equivalent to the completion of such degree

3.      Recognition of expertise in the specialty through progressively responsible positions relating to the specialty

C.       Positions Generally Considered Professional

Accountant, Acupuncturist, Chiropractor, Computer Programmer, Dietitian, Electronics Specialist, Fashion Designer, General Manager (where business is complex), Graphic Designer, Hotel Management, Industrial Designer (with B.A.), Interior Designer (commercial), Journalist, Librarian, Medical Records Librarian, Medical Technologist, Minister, Orthopedist, Pharmacist, Social Worker, Technical Publications Writer and Vocational Counselor.

Note: If your position is not listed above, you may want to contact us to determine if the U.S. Citizenship and Immigration Services (USCIS) would consider the position offered to you as a professional position.

III.     Applying for the H-1B Visa

You cannot apply for an H-1B visa as an individual. A U.S. employer has to sponsor your H-1B visa. To sponsor you, the employer must:

File a Labor Condition Application (LCA) with the U.S. Department of Labor

File USCIS Form I-129, Petition for nonimmigrant worker with H supplement and supporting documentation and the approved LCA with the USCIS

If you are overseas, you must take the H-1B approval notice to the American Consulate to obtain the H-1B visa. If you are already in the U.S., you can start working for your employer as soon as you receive the H-1B approval notice.

Note: If you are currently on H-1B status, then you can start working upon filing of the new petition.

A.       Filing the Labor Condition Application

The Labor Condition Application or Attestation is filed on DOL Form ETA-9035 with the regional office of the Employment and Training Administration of the Department of Labor (ETA-DOL) where you will be employed.

1.      The employer must prove to the Department of Labor that:

a.      The wage level offered to you (the H-1B employee) is greater of the actual wage level paid to all other individuals similarly employed at the place of employment, or the prevailing wage for the occupation in the area of employment is based on the best information available

b.      The working conditions offered to you will not adversely affect other workers similarly employed. Working conditions commonly refer to matters “including hours, shifts, vacation periods, and fringe benefits”

c.      There is no strike or lockout in the occupational classification at the place of employment

d.      A notice has been provided to the bargaining representative if any, or posted a notice that a labor condition application has been filed. The notice must be posted in two or more conspicuous places for a ten-day period and shall contain
certain information

2.      Your employer may file an LCA in one of the three methods:

a.      Filing through the LCA Online System Your employer may submit the LCA (Form ETA 9035) via the web-based system. The LCA online system is available at www.LCA.doleta.gov

b.      Facsimile Your employer may submit the LCA (Form ETA 9035) by Fax. The application must be faxed to 1-800-397-0478.

Note: The cover pages to Form ETA 9035 (Form ETA 9035CP) should NOT BE faxed with the Form ETA 9035.

c.      Mail Your employer may submit the LCA (Form ETA 9035) by U.S. Mail. The LCA must be sent to the ETA application processing center at the following address:

ETA Application Processing Center
P.O. Box 13640
Philadelphia, PA 19101

B.       Filing the H-1B Petition

An H-1B petition is filed on USCIS Form I-129, along with the Form I-129H supplement and the approved Labor Condition Application (LCA) Form ETA-9035 from the U.S. Department of Labor. Your H-1B petition must include:

1.      Evidence that the proposed employment qualifies as a specialty occupation

2.      Evidence that you have the required degree by submitting either:

a.      A copy of your U.S. baccalaureate or higher which is required by the specialty occupation

b.      A copy of your foreign degree and evidence it is equivalent to a U.S. degree

c.      Evidence of experience and education, which is equivalent to the U.S. baccalaureate degree

3.      A copy of any required licenses or other official permission to practice the occupation in the state of intended employment

4.      A copy of any written contract between you and your employer, and a summary of the terms of the oral agreement under which you will be employed

C.       Premium Processing of your H-1B Petition

You may have your H-1B petition adjudicated within 15 calendar days by applying for H1B premium processing.

For an additional fee of US $1,000, the USCIS guarantees a prompt decision on your H-1B petition. You will receive either an approval notice, a request for further evidence, a notice of intent to deny the petition, or a notice of investigation for fraud or misrepresentation within 15 calendar days from the date you applied for H1B premium processing. If it fails to respond within 15 calendar days, it will refund the $1,000 fee and continue to process the petition under the expedited process.

D.       Applying for the H-1B Visa at an American Consulate

To apply for the H-1B visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

1.      DOS Form DS-156, Nonimmigrant Visa Application

2.      DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

3.      A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

4.      Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

5.      Your resume and education transcripts

E.     Duration of Stay

Under current law, you can be in H-1B status for a maximum period of six years at a time. After that time you must remain outside the U.S. for one year before another H-1B petition can be approved. However, foreign nationals working on defense department projects may remain in H-1B status for ten years.

Note: You can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward lawful permanent resident status without affecting your H-1B status.

F.     Spouses and Children

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for H-4 visas.

]]> http://www.usvisacenters.com/h1b-visa-info/feed/ 0 http://www.usvisacenters.com/l1-visa-faq/ http://www.usvisacenters.com/l1-visa-faq/#comments Wed, 30 Mar 2011 10:53:33 +0000 admin http://www.usvisacenters.com/?p=52 1.    What is L1 visa?

The L1 visa is a nonimmigrant visa which allows foreign nationals being transferred by their current employer to enter into the U.S. to manage an organization or a major function or division of an organization.

2.    How do I qualify for L-1 visa?

To qualify for an L-1 visa, your:

•       U.S. company to which you are being transferred must be a branch, subsidiary, affiliate or joint venture partner of your non-U.S. employer
•       Employment in the U.S. company must be as a manager, executive or person with specialized knowledge and skills

3.     What privileges do I enjoy on L-1 visa?

On L-1 visa, you may:
•       Be transferred to the U.S. and work legally for a U.S. company that is a branch, subsidiary, affiliate or joint venture partner of a company that already employs you outside of the U.S.
•       Be quickly issued your visa
•       Be permitted to travel in and out of the U.S. or remain here continuously until your L-1 status expires
•        Avail of visas for accompanying relatives
•        Apply for a Green Card through employment and skip a major step of that process (no Labor Certification requirements)

4.    What are the limitations of L-1 visa?

On L-1 visa, you may:

•       Work only for the U.S. employer who acted as your L-1 visa sponsor
•       Get visa approval for up to three years. Extensions of two years at a time may be allowed until you have been in the U.S. for a total of seven years if you are a manager or executive, five years if you come as a specialized knowledge employee

5.    What is the difference between L-1A visa and L-1B visa?

The L-1A visa is for managers and executives. On L-1A visa you may apply for a Green Card without going through the process of Labor Certification. If you were a manager or executive with the overseas branch for one year, you do not have to be in L-1A status for a year unless you are starting a new company in the U.S. after being on L-1 status for only a year.

The L-1B visa is for key employees (accountants, computer programmers, etc). You must have specialized knowledge of the company’s products or procedures.

 

6.     What is the processing time for L-1 visa?

After signing all documents it could take two to four months to process a normal L-1 and one to three weeks to process an L-1 covered by an L-1 Blanket approval.

7.    Can I extend my stay on L-1 visa?

Yes, you may apply for L1 visa extension using Form I-129, and L Supplement. Extensions of two years at a time may be allowed until you have been in the U.S. for a total of seven years if you are a manager or executive.

8.    Is it possible to speed up the process of procuring an L-1 visa?

Yes, the USCIS has instituted a program called Premium Processing. If the USCIS is paid an extra $1,000 on a separate check, the USCIS guarantees it will adjudicate the petition in 15 days or notify you if more evidence is needed.

 

9.    Who can qualify as L-1 Executive?

Any person who has worked for a corporation or company for at least one year as Manager or Executive in the preceding three years may qualify as L-1 Executive.

10.    What is the definition of a Manager for L-1 visa purpose?

The definition of manager for L1 visas includes an employee who manages an essential function of the business within a qualifying organization. A special definition of Manager applies when you are coming to set up a new U.S. office or purchase a new business. The USCIS regulations provide that in a new office situation it must be shown that the new office will be able to sustain a Manager or Executive transferee within one year of approval of the petition. This may be done through submission of a statement by the employer to the USCIS including:

•       Proposed nature of the office, describing the scope of the entity, its organization structure, and its financial goals
•       Size of the U.S. investment and the financial ability of the foreign entity to remunerate the L-1 beneficiary and to commence doing business in the U.S.

11.    What is the minimum educational requirement and business experience for an Executive or Manager to get L-1 visa?

There is no minimum educational requirement for L-1 visa, however, you must have:

•        Worked for a corporation as Executive or high level Manager, or
•        Managed an essential function of the business, such as marketing or accounting functions with proper education to back it up, for at least one year in the preceding three years

12.    If I have worked as a Manager in a key position for a company or corporation in my country do I qualify for L-1 visa?

Yes, if your company can send you to the U.S. to work for a branch office, subsidiary or affiliate, or to open and manage a franchise or non-franchise business.

13.    What are the documents required to apply for L-1 visa?

The documents required for L1 visa application are:

•       Filled-in visa application Form DS-156
•       One recent passport size photograph, 50mm X 50mm of each applicant showing full face without head covering against a light background
•        A passport, valid for travel to the U.S. for at least six months longer than your intended visit
•        Employee copy of Form I-797 Approval Notice
•        Copy of Form I-129, Petition for Nonimmigrant visa. This petition is filed with the USCIS by your employer

14.    What is an L-1 petition?

A petition is the process by which the USCIS determines that you meet the basic qualifications for a particular visa. It is through the L-1 petition process that the USCIS determines that you have the experience and background to qualify as an L-1 worker.

15.    What documents are required to apply for an L-1 petition?

 

Along with your L-1 petition, you must submit an original and signed letter from your company confirming your:

•       Present employment, your position, and length of service with the company
•       Company knows about and authorizes your transfer to the U.S. company
•        U.S. company’s name and full address. If more than one location is involved, supply the names and addresses of all locations
•        Statement about the position you will fill in the U.S.

16.    Can my L-1 petition be filed outside the U.S.?

No, your L-1 petition has to be filed in the U.S. It cannot be filed at an American Consulate overseas.

17.    Can I come to the U.S. on a visitor visa or Visa Waiver while the L-1 petition is being processed?

This is possible but not advisable. Under no account should you risk putting in jeopardy the issue of an L-1 visa by engaging in anything that might be construed as work. This could lead to your being accused of visa-fraud either on entry to the U.S. with a visitor visa/visa-waiver or when you apply for an L-1 visa at the U.S. consulate in your own country.

18.     How can I avail of faster green card processing on L-1 status?

L-1 foreign nationals who are managers and executives are eligible for the ‘priority workers’ category. Foreign nationals falling into this category may apply for permanent residency without having to undergo the time consuming labor certification process.

19.    What is Advance Parole?

If you are applying for Adjustment of Status to permanent resident, you must receive advance permission to return to the U.S. if you are traveling outside the U.S. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the USCIS and you may not be permitted to return to the U.S.

20.    Can I travel after applying for Green Card on L-1 status?

Yes, if you are in a valid L-1 status you do not need an Advance Parole if you have applied for a Green Card. However, you must be coming back in to work with the same employer that applied for your L-1. Your spouse and children can also travel and the same rules apply.

21.    What is the labor certification process?

Labor Certification is a laborious procedure requiring that the employer prove that there are no minimally qualified U.S. workers to fill the foreign national’s position. The procedure is complicated, expensive, and there is no guarantee that it will eventually lead to a green card. Thus, avoiding this procedure is a prudent course to take when examining routes to permanent residency.

22.    What is the visa status given to the dependents of a L-1 visa?

L-2 visa is issued to the dependents of US L1 visa holders. Dependents include the spouse and children below 21 years of age.

23.    Can my dependents work in the U.S. on L-1 visa?

L-2 spouse of an L-1 visa holder can now obtain a general Employment Authorization. This employment authorization must be applied for separately, though. The L-2 child is not permitted to work.

24.    Can I transfer or change jobs on an L-1 visa?

Yes. A foreign national in the US on an L-1 visa is limited to working in L-1 status for a qualifying member of the multinational group (parent, subsidiary, sister, branch, or affiliated company) that sponsored him or her. If the individual entered the US on a regular L-1 visa the USCIS must be notified of any change in employment. If the individual entered the US on a Blanket L-1 they may move between any of the group members listed on the Blanket L without further notification to the USCIS. Any employment outside of a qualifying member of the multinational group will require a different type of visa.

25.    What happens if my employer fires me while I am in the U.S. on an L-1 visa?

You have a short grace period in which you may look for a new job, and have it approved by the USCIS. Barring that, you need to return to your home country.

26.    Can I work for any other company other than the company that sponsored my L-1 visa?

No, you may not be permitted to work for a company other than the one that has sponsored your L-1 visa.

27.     Is there a requirement to pay L-1 workers the ‘prevailing wage’?

No, there is no such requirement, but paying L-1 workers significantly below the prevailing wage or the wages of your U.S. resident staff is likely to result in the USCIS viewing your petition unfavorably. It could also result in investigations by the USCIS or Department of Labor.

28.    Can I move L-1 employees to different sites around the U.S.?

Yes, you may move L-1 employees to different sites provided they remain under your management and control.

29.    Can L-1 employees work part-time?

Yes, L-1 employees may work part-time.

30.    What benefits will I get by applying for L-1 visa when compared to E-2 treaty investor visa?

The two major benefits of L-1 visa over E-2 visa are:

•       L-1 petition gets approved in the U.S. unlike the E-2 visa
•       L-1 status allows you to legally apply for a Green Card. On E-2 visa you can apply, however, it is much more difficult

31.    Once my L-1 petition is approved, can I form a new corporation and purchase a new business under the new corporation?

Yes, you may purchase new business, as long as long it is done under the same corporation name. You may not change employers or corporation without filing a new L-1 petition.

32.    Is there any limit on the number of L-1 visas available in a year?

No, there is no annual cap on the number of L-1 visas.

33.    What is L1 Blanket petition?

The L1 Blanket petition is a procedure through which a very large company can pre-qualify to transfer their L-1 employees. Once the L1 Blanket is approved, the company can transfer people to the U.S. quickly and on short notice without having to file a petition with USCIS.

]]> http://www.usvisacenters.com/l1-visa-faq/feed/ 0 http://www.usvisacenters.com/l1-visa/ http://www.usvisacenters.com/l1-visa/#comments Wed, 30 Mar 2011 10:28:45 +0000 admin http://www.usvisacenters.com/?p=47 L1 Visa (Intra-Company Transferees)

The L1 intra-company transferee visa is available to employees of international companies who are being transferred to a parent, branch, affiliate or subsidiary in the U.S.

I.     Benefits of the L1 Visa

A.       You may legitimately come to the U.S. as an L1 intra-company transferee and at the same time, lawfully seek to become a permanent resident

B.       You can freely travel in and out of the U.S. while on a valid L1 visa

C.       Your dependents can live with you in the U.S.

D.       Your spouse can apply for a work permit by filing Form I-765 and engage in employment

L1 Visa

II.     Requirements for the L1 Visa

A.       Criteria For Determining Employer’s Eligibility

To be eligible to sponsor an L1 visa, the following conditions must be met:
1.      A qualifying relationship must exist between the U.S. company and the foreign company abroad

2.      Both the foreign company and the U.S company must remain open, active and viable for the entire duration of your employment in the U.S. Failure to maintain required levels of operation results in the loss of L1 status

B.       Criteria For Determining Employee’s Eligibility

To apply for an L1 visa, you must demonstrate that:
1.      You have been employed overseas by the transferring organization for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate

2.      You are a manager, executive or a specialized knowledge professional

III.     Applying for the L1 Visa

You cannot apply for an L1 visa as an individual. To sponsor your L1 visa, your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf.

A.       Filing the L1 Petition

An L1 petition is filed on USCIS Form I-129, along with the Form I-129L supplement. Your L1 petition must include:

1.      Documentation verifying the corporate relationship between the U.S. company and the foreign company (usually a letter from the corporate secretary, and the Articles of Incorporation of both the foreign and the U.S. company)

2.      Documentation verifying capitalization structure of the company (e.g. records of stock or equity ownership)

3.      Detailed job description and requirements for the position – In case of a specialized knowledge position, detailed description of your unique knowledge to be used by the U.S. company

4.      Documentation proving that you have worked in the foreign company for a continuous period of over one year in the preceding three years in an executive or managerial capacity, or were employed in a position involving specialized knowledge and that you are coming to the U.S. to work in an executive, managerial, or a specialized knowledge position

5.      If you are coming to the U.S. to setup a new office, submit evidence of establishment of new office (e.g. lease for office space, sales contracts, etc.)

6.      Annual report of both foreign and the U.S. company, and/or other reports showing the type of business and financial stability

7.      Organizational chart indicating your position in the U.S. company as well as the foreign company

8.      Copies of applicable business permits/licenses and registrations

 

B.        Applying for L1 Visas at an American Consulate

To apply for the L1 visa, you must furnish the original or copy of the Notice of Action, Form I-797A or B (the approval notice forwarded to your employer when the petition is approved). Your visa application must include the following documents:

1.      DOS Form DS-156, Nonimmigrant Visa Application

2.      DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

3.      A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

4.      Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

5.      Your resume

6.      Copy of the petition submitted to the USCIS (recommended)

 

IV.     L1 Blanket Visa

The USCIS created the L1 Blanket Petition process to accommodate the needs of large businesses that desired to transfer key personnel to the U.S. The employer must be a member of the company’s corporate family; however it need not be the parent or the principal office.

The L1 Blanket visa process involves two separate steps and relies heavily on coordination between the Department of State and the USCIS.

A. The L1 Blanket Petition

The first step in the blanket petition process is for an employer to file a USCIS Form I-129, Petition for Nonimmigrant Worker, at a USCIS Service Center.

The petition should list the branches, subsidiaries, and affiliates that plan to transfer L1′s under the blanket petition. The blanket petition must be accompanied by evidence establishing the following:

1.      The employer and each of the entities included in the L1 blanket petition are engaged in commercial trade or services

2.      The employer has an office in the U.S. that has been doing business for one year or more

3.      The employer has three or more domestic and foreign branches, subsidiaries, or affiliates

4.      The employer and the other qualifying organizations have done at least one of the following:

a.      Obtained approval of petitions for at least ten “L” managers, executives specialized knowledge professionals during the previous 12 months

b.      Have U.S. based subsidiaries or affiliates with combined annual sales of at least $25 million

c.      Have a U.S. work force of at least 1,000 employees and that all of the entities listed on the blanket L1 Visa petition are qualifying entities

 

B. Validity of an Approved Blanket Petition

The initial validity of an approved blanket petition is three years. The U.S. company is required to file for an indefinite extension of the blanket petition.

 

C. Applying for L1 Visas

Once the USCIS approves of the blanket petition, the organizations listed on the petition can use the petition to move personnel to the U.S. The employee may apply for a visa directly at an American Consulate by submitting an USCIS L1` Visa
Form I-129S, a copy of the Form I-797, approval notice of the blanket petition and the following documents:

1.      DOS Form DS-156, Nonimmigrant Visa Application

2.      DOS Form DS-157, Supplemental Nonimmigrant Visa Application, for all male applicants between the ages of 16 and 45

3.      A copy of your passport which is valid for at least six months beyond the period of stay in the U.S. and with at least one blank page

4.      Two identical color photographs showing full face without head covering against a light background. You may wear a headdress if required by a religious order of which you are a member

5.      Your resume

6.      Proof that you have been employed as a manager or executive by one of the qualifying organizations for at least one year in the immediately preceding three years

 

V.     Duration of Stay

 

A.       L1A Visa

Employees in Managerial and Executive positions (L1A visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of seven years L1 Visa.

 

B. L1B Visa

Employees in specialty positions (L1B visa) may be admitted initially for a three-year period if they intend to join an existing company or a one-year period if they intend to join a newly established company. After initial entry, extensions are granted in two-year increments for a maximum period of five years.

 

VI.     Spouses and Children

Spouses and/or children under the age of 21 who wish to accompany or join you in the U.S. for the duration of your stay can apply for L-2 visas. Spouses are eligible to take up employment after obtaining an employment authorization document.

L1 Visa

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