Archive for March, 2010
The L-1 visa is one of the very useful US work visa available which allows international organizations to bring their foreign employees inside the United States. The foreign employee may be admitted to the United States in L-1 visa status until the US employer requires the worker to be in the United States, its up to a maximum period of three years stay. Later the foreign employee can file for an extension of the L-1 visa.
If an foreign employee to enter United States on a US work visa, if on L-1 visa particularly then he needs to meet the basic requirements which makes him to be eligible to enter US on a L-1 visa.
• The foreign employee must have worked abroad for the overseas company for a continuous period of one year in the preceding three years.
• The foreign employee to be transferred on US work visa, L-1 visa, must have been employed abroad in an executive or managerial position or a position involving specialized knowledge.
• The foreign employee must be coming to US on a US work visa, L-1 visa to work in a executive, managerial or specialized knowledge capacity.
• The foreign employee coming on US work visa, L-1 visa must depart the United States once his authorized stay expires.
The US company filing the US work visa, L-1 visa petition must also satisfy the requirements to be a qualified organization.
• The overseas company must be related to the U.S. company in a specific manner. The foreign company for which the employee has worked must be the same employer or subsidiary or affiliate or a parent company.
• The US company must be doing business in the United States and one other country during the transfer.
Application process for US work visa, L-1 visa:
The U.S. employer should file the petition with USCIS. The petition should be made on Form I-129 and the L Supplement, should include the company’s letter supporting the petition, and documents supporting the petition along with the filing fee.
A separate form need not be filed for family members of the principal beneficiary. When the petition is approved, however they will need to file separate application at the consulate to obtain visa entry.
USCIS approves the petition the foreign national is eligible for a transfer in to the United States on L-1 visa. Upon approving the petition, the approved petition is sent to a U.S. consulate where the foreign national can obtain L- Visa to enter the United States. If the foreign national is already in the United States in a different non-immigrant category then he or she can change the status. The change of status is incorporated along with the L-1 petition and a separate form is not required.
An foreign employee on L-1 status is authorized to stay for a maximum of 3 years after that he can extend his/her L -1 extension. The extension can be for another 2 years. The total period of stay may reach seven years for L-1 A managers and executives and five years for L-1 B specialized knowledge personnel.
An L-2 non-immigrant visa is a dependent visa category available for the immediate family members, i.e., spouse and unmarried children (under the age of 21) of L-1 visa holders who wish to enter the U.S.
L-2 visa holders can live in the United States for the entire length of time authorized in their spouse’s L-1 visa. L-2 visa holders are responsible to extend L-2 status if their spouse’s L-1 visa has expired, and they intend to continually live in the United States with their spouse. You may travel in and out of the U.S. on L-2 visa as long as you maintain valid status, and the principal L visa holder maintains his or her status. You may attend school in the U.S. while on L-2 status.
Under US immigration law, L-2 visa holders can apply for work authorization upon entering the United States. L-2 spouse of an L-1 visa holder can obtain a general Employment Authorization. The employment authorization must be applied separately by the L-2 spouse. The L-2 child is not permitted to work.
To extend your stay in the United States, you should file Form I-539, Application to Extend/Change Non-immigrant Status, with USCIS before your visa expires. If you are unsure of your current departure date, check the date on Form I-94, Arrival-Departure Record, to find out how long you are allowed to stay in the country. USCIS recommend that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your Form I-539 application by the day your authorized stay expires.
If an employer files a Form I-129 to extend the status of L-1 visa holder, and the L-2 spouse and/or unmarried children under age 21 also want to extend L-2 status, they will need to file a Form I-539, Application to Extend/Change Non-immigrant Status. While the dependents of L-1 cannot be included on Form I-129 they can all be included on one Form I-539 to extend L-2 status.
After you have submitted Form I-539 application to extend L-2 status, USCIS will mail you a receipt. This receipt will provide a number assigned to track your Form I-539 application, as well as the projected processing time. An extension of stay is not automatic. USCIS will look at your situation, your status, the reasons you want to extend L-2 status, and will decide whether to grant your Form I-539 application.
If your application is received by USCIS before your status expires, and if you have not violated the terms of your status and meet the basic eligibility requirements, you may continue your previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days, or until a decision is made by USCIS on your application or the reason for your requested extension has been accomplished.
If your Form I-539 application for an extension is approved, you will be issued a replacement I-94 with a new departure date.Read Full Post | Make a Comment ( None so far )