NON-IMMIGRANT VISAS
L-1 - Temporary Work Visa
INTRA-COMPANY TRANSFEREE VISA (L-1)
Anyone going to the United States to work
temporarily must obtain a nonimmigrant work visa. Those on a business or tourist
visa (B-1/B-2), or who entered under the Visa Waiver Program, are not permitted
to work.
Employees of an international company who are
being transferred to a parent branch, affiliate, or subsidiary of the same
company in the United States may apply for Intra Company transfer (L-1) visas.
The international company may be either a U.S. or foreign organization. To
qualify, the employee must be at the managerial or executive level, or have
specialized knowledge and be destined to a executive managerial or specialized
position within the U.S. company, although not necessarily in the same position
as held previously. In addition, the employee must have been employed outside
the U.S. with the international company continuously for one year within the
three years preceding the application for admission into the United States.
OPENING AN OFFICE
An L-1 visa is also the appropriate visa
classification for a qualified employee of an international company who is
coming to the United States to establish a parent, branch, affiliate or
subsidiary in the United States. When filing the petition, the international
company will be required to show that physical premises for the new office and
that within one year of the approval of the petition, the intended U.S.
operation will support an executive or managerial position. In the case of a
person with specialized knowledge, the petitioner will be required to show that
it has the financial ability to remunerate the beneficiary and to commence doing
business in the United States. A petition for a qualified employee of a new
office will be approved for a period not to exceed one year, after which the
petitioner must demonstrate that it is doing business as described above in
order for the petition and alien’s stay to be extended beyond one year.
INDIVIDUAL PETITION VERSES BLANKET PETITION
The employment must be approved in advance by
the Department of Homeland Security, United States Citizenship and Immigration
Services (USCIS) in the United States on the basis of a
petition, form I-129, filed by the employer
with the USCIS Service Center having
jurisdiction over the area where the employer is located. Companies seeking the
classification for several employees as intra company transferees may file a
blanket petition with USCIS. The blanket petition provision is meant to serve
only relatively large, established companies having multi-layered structures and
numerous related business entities. The blanket petition provision is available
only to managers, executives and specialized knowledge professional that are
destined to work in an established office. Any questions, which you may have
concerning this process, should be addressed to the appropriate USCIS office in
the United States.
There are additional fees assessed when an applicant applies for a visa under a blanket L petition.
The USCIS offer a Premium Processing Service that expedites the processing of a nonimmigrant visa petition.
Read more....
WHAT HAPPENS ONCE A PETITION HAS BEEN APPROVED BY USCIS?
Once an L petition has been approved in your
name you need to apply for a visa before traveling to the United States. The
Notice of Action, form I-797A or B, is not valid for travel unless accompanied
by the appropriate visa. Read more....
SPOUSES, CHILDREN & PARTNERS
Spouses and/or children under the age of 21 who
wish to accompany or join the principal visa holder in the United States for the
duration of his/her stay may apply for derivative L-2 visas. The application
procedure is the same; the I-797A or B covers dependents. If the spouse and/or
children apply for visas at a later date, a copy of the principal visa holders
visa must be furnished with the application. Spouses and/or children who do not
intend to reside in the United States with the principal visa holder, but visit
for vacations only, may be eligible to apply for
visitor (B-2) visas, or if qualified, travel visa free under
the Visa Waiver Program.
To partners and common-law spouses.
L-2 VERSUS F-1
The spouse and/or children of an L-2 visa
holder may study on an L-2 visa. However, if they are qualified, they may apply
for the F-1 visa. If you have school age children, you should refer to the
regulations governing the issuance of F-1 visas.
WORKING ON AN L-2 VISA
Spouses must seek employment authorization
before seeking work on derivative L-2 visas. For further information, please
contact the USCIS on your arrival in the United States.
PLEASE NOTE
No assurances regarding the issuance of visas
can be given in advance. Therefore final travel plans or the purchase of
nonrefundable tickets should not be made until a visa has been issued.
HOW TO APPLY
To apply for a visa as an intra-company transferee.
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