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Visa Guide | Immigration | Visitor Visa | Work Visa | Student Visa | Green Card | L1- J1 Visa
 

How to Apply For L1 Visa ?:

The following procedure is involved for L1 Visa:

The employer company files a petition for nonimmigrant visa on Form I-129 in the name of the employee. The petition determines the eligibility of the employee.


Under Regular L1 visa scheme petition needs to be file for each and every employee, 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.


Eligibility For L1 Visa:

The Manager and /or the executive should have worked abroad in the said capacity atleast for a period of 1 year in the preceding 3years to qualify for a L1 Visa.

Length of Stay and Extension For L1 Visa Holders:


Approval under L1 Visa would be for a period of three years. Renewal and extension of the L1 Visa status is within the US, on the other hand renewal of the Visa should be made outside the US.

Where the employee is deployed in the capacity of a manager or executive the period of extension will be for a further period of four years (two years at a time) making it to a maximum of seven years, while a specialist is allowed to extend his stay by two more years.


Where a sponsor company terminates an employee under L1 Visa, he should be able to find a new job within the grace period granted, failing which he has to leave the country.


L1 Visa Holders Whether Qualified to Apply for other Visas & Citizenship:

Where the L1 Visa petition is still pending it is not advisable for the person to travel in any other visa. L2 visa is issued to the dependents viz., spouse and child less than 21 years of the L1 Visa holder.

While the spouse is granted Employment Authorization to work and child is not permitted to. L1 visa employees are eligible to apply for a green card and in the process skip the cumbersome Labour Certification requirement.

In which case your L1 Visa Application will be rejected:

There is no ceiling on the number of L1 Visas issued. Under the following circumstances L1 Visa Application will be rejected.

 
  • Disqualification of the US Company.
  • Disqualification of the parent/non US Company.
  • Intention to continue business is withdrawn.
  • Fraud committed in the application for Petition.
  • The applicant is not eligible for the visa as per Sec212(a) of the Immigration and Naturalization Act.


Conclusion For L1 Visa:

Holder of a L1 Visa can legally work for the US company to which he has been transferred.

Holder of a L1 Visa can work only for the sponsor company.

Holder of a L1 Visa can travel in and out of the US till the expiry of visa tenure, on application of Green Card such travel does not require an “advance parole”.

L1 visa employees may work part time. Change of job should be notified with the immigration department.


L-1 Visa General Information:

Individuals who are employed outside the United States as executives, managers or in a position that requires specialized knowledge may qualify for an L-1 Intracompany Transfer Work Visa.

If the applicant is already in the United States, a change of status might be possible. A change of status enables the individual to obtain L-1 status without leaving the country and having to apply for the L-1 Visa at a U.S.

Embassy or Consulate abroad. The process of completing and submitting a request for an L-1 Intracompany Transfer Visa can be both costly and confusing.

The L-1 Intracompany Transfer Visa Application Guide makes the application process straight-forward and easy to understand. This is a user-friendly step-by-step guide to help you file your L1 Visa application as efficiently and quickly as possible.


The process of applying for a L-1 Transfer Work Visa is a 2-step process:

 
  1. The Petition.
  2. The Application.


L-1 Visa Eligibility Requirements:

The main requirement is that the applicant must be employed outside the United States and is being transferred to a United States branch, subsidiary, affiliate, or joint venture partner of the non-U.S. company.

Other requirements may apply and it is recommended to review the information in the application manual before submitting the application.


L-1 Visa Additional Information:


There are no quota restrictions for L-1 Work Visas which can be issued quickly if the applicant meets all the requirements. Spouses and accompanying children of L-1 Visa holders are also allowed to come to the United States and may be issued L-2 Visas.

 The L-1 Intracompany Transfer Visa Application Guide contains: 

 
  1. L-1 Intracompany Transfer Work Visa overview .
  2. L-1 Visa eligibility and requirements.
  3. L-1 Visa privileges and limitations.
  4. L-1 Visa Extension information.


Benefits of the L1 Visa:

 
  1. 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.
  2. You can freely travel in and out of the U.S. while on a valid L1 visa.
  3. Your dependents can live with you in the U.S.
  4. Your spouse can apply for a work permit by filing Form I-765 and engage in employment.


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.

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).


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:
    • Obtained approval of petitions for at least ten "L" managers, executives specialized knowledge professionals during the previous 12 months.
    • Have U.S. based subsidiaries or affiliates with combined annual sales of at least $25 million.
    • Have a U.S. work force of at least 1,000 employees and that all of the entities listed on the blanket 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 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. Copy of the petition submitted to the USCIS (recommended).


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.


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.



Disclaimer:

The contents of these pages are provided as an information guide only, in good faith. The use of this website is at the viewer/user's sole risk.

While every effort is made in presenting up-to-date and accurate information, no responsibility or liability is accepted by the owners to this website for any errors, omissions, outdated or misleading information on these pages or any site to which these pages connect or are linked. Source & Copyright: The source of the above visa and immigration information and copyright owner/s is the:

** http://hubpages.com/hub/H2Bvisa 

** http://in.rediff.com/getahead/2006/jan/18visa.htm overview-before.html

** http://usimmigration.visapro.com/H1B-Visa.asp

J1 Visa (International Exchange Visitors)

The J1 exchange visitor program is designed to promote the interchange of persons, knowledge, and skills in the fields of education, arts, and sciences. Participants include:

Students at all academic levels:
Trainees obtaining on-the-job training with firms, institutions, and agencies
Teachers of primary, secondary, and specialized schools.
Professors coming to teach or do research at institutions of higher learning
Research scholars.
Professional trainees in the medical and allied fields .
International visitors coming to U.S. to tour, observe, consult, conduct research, receive training, demonstrate specialized knowledge or skills, or participate in an organized people-to-people program.


I. Benefits of the J1 Visa :

A. You can enter the U.S. as an exchange visitor.

B. Your dependents can stay with you as long as you maintain your J1 status. They can also attend school while on the J-2 dependent visa.


C. You are exempt from Federal Insurance Contributions Act (FICA) tax withholdings .

D. Your dependents are eligible to apply for employment authorization, and may work in the U.S. However, they cannot get work authorization if the money earned is needed to support you .

II. Requirements for the J1 Visa :


To be eligible for an j1 visa, you must prove that:

A. You are sponsored by an organization approved by the Department of State (DOS), and granted authority to issue a Form DS-2019 to prospective J1 applicants

B. You have sufficient funds to cover all expenses, or funds must be provided by the sponsoring organization in the form of a scholarship or other stipend

C. You have sufficient scholastic preparation to participate in the designated program

D. You are sufficiently proficient in English to participate in the designated program, or the sponsoring organization has made special arrangements to teach you the English language or conduct the course in your native language. You may be exempt from this requirement if you intend to come to the U.S. to participate exclusively in an English language training program

E. You have a permanent residence in your home country, which you do not intend to abandon

F. You intend to depart the U.S. upon completion of the course of study. You may establish this by presenting evidence of economic, social and/or family ties in your homeland sufficient to induce you to leave the U.S. upon completion of studies


G. Your proposed education in the U.S. would be useful in your homeland, and therefore induce you to leave the U.S. upon completion of studies If you are coming to the U.S. to receive graduate medical education or training:

H. You have passed the Foreign Medical Graduate Examination in Medical Sciences

I. The program does not include patient care


J1 Visa (International Exchange Visitors)

III. Applying for the J1 Visa


The first step is to obtain from the sponsoring institution the Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) status. Your visa cannot be processed without this form.

Your J1 visa application must include the following documents: DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) status.

Your visa cannot be processed without this form. Your J-1 visa application must include the following documents:


Your J1 student visa application must include:

A. DOS Form DS-156, Nonimmigrant Visa Application

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

C. All pages of the Form DS-2019. The Form DS-2019 is issued only by the sponsoring organization in the U.S.

D. 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

E. 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

F. Evidence demonstrating sufficient funds to cover all expenses including the tuition fee and living expenses.

Such evidence may include detailed bank statements of accounts showing that adequate funds are available for transfer, evidence of scholarships and/or combination of finances which will meet the estimated total expenses, including tuition, of your proposed stay in the U.S.

G. Evidence demonstrating that you have a residence abroad to which you intend to return at the end of your stay in the U.S. This is generally established by evidence of family, professional, property, employment or other ties and commitments to some country other than the U.S. sufficient to cause the applicant to return there at the conclusion of your stay

H. Your academic qualifications - such evidence may include complete transcripts of grades and test records for the last four years of school and evidence of TOEFL (Test of English as a Foreign Language) scores .

I. Scores from standardized tests required by the educational institution such as the TOEFL, SAT, GRE or GMAT.

J. Documents demonstrating your intent to depart from the U.S. upon completion of studies


IV. Duration of Stay:


When you enter the U.S. on an exchange visitor visa, you are admitted for the duration of your program. The U.S. Citizenship and Immigration Services (USCIS) inspector at the port of entry makes the final decision on how long anyone may stay in the U.S.

Note: You may be eligible to change your status in the U.S. and acquire an appropriate work visa such as H-1B or H-2B, on completion of your authorized stay without having to return to your home country.


V. Working on J1 Visa


Employment while on "J" exchange visitor status depends upon the terms of the program. Participants in programs which provide for on-the-job training, teaching, research, or other activities which involve paid employment may accept such employment. Participants in programs which do not involve work may not accept outside employment. J1 Visa (International Exchange Visitors)


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 J-2 visas.


VII. Home Residence Requirement

You may be required to return to your home country and be physically present there for at least two years after the conclusion of your exchange visit before you become eligible to apply for an immigrant or nonimmigrant (H or L) visa if:


Other J1 Visa Information



J-1 Exchange Visitor Visa General Information: The United States government issues J-1 Visas to individuals who take part in a wide range of exchange visitor programs sponsored by schools, businesses, and a variety of organizations and institutions.

These programs are envisioned for business and industrial trainees, scholars, students, international visitors, teachers, research assistants, and those on cultural missions.

In addition, there are several exchange visitor programs for young people, including summer employment programs, internship programs for university students and au-pair programs.


J-1 Exchange Visitor Eligibility Requirements: Individuals meet the criteria for a J1 Exchange Visitor Visa if they are coming to the United States as a student, scholar, trainee, teacher, professor, research assistant, medical graduate, or international visitor who are participating in a program of studies, training, research, or a cultural enrichment program that is specifically designed for such individuals by the United States Department of State, through its Bureau of Educational and Cultural Affairs. The J-1 Exchange Visitor Visa Application Guide is an informative and comprehensive guide to the J-1 Visa and contains everything an individual needs to know in order to successfully apply for this visa.

- Activities covered by the J-1 Exchange Visitor Visa programs include:
- Au-pair and nanny
- Summer camp counselors and staff
- Post-graduate students visitors
- Medical students coming to the United States as residents or interns
- Foreign scholars sponsored by universities as temporary faculty
- Business and Industrial trainees
- Activities that are part of an exchange program approved by the U.S. Department of State.
- The J-1 Exchange Visitor Visa Application Guide contains:
- J-1 Exchange Visitor Visa overview
- J-1 Visa eligibility and requirements
- J-1 Visa privileges and limitations
- J-1 Visa Extension information

- How to complete the application forms

- How to apply at a U.S. Consulate

- How to change your status to J1 if you already are in the U.S.

- How to obtain visas for accompanying spouse and children

- List of all USCIS (formerly INS) offices nationwide

- List of United States Embassies and Consulates

- FREE J-1 Visa Application forms

" All immigration forms are provided to you free of charge with the purchase of this application guide. "

 


Disclaimer:

The contents of these pages are provided as an information guide only, in good faith. The use of this website is at the viewer/user's sole risk.

While every effort is made in presenting up-to-date and accurate information, no responsibility or liability is accepted by the owners to this website for any errors, omissions, outdated or misleading information on these pages or any site to which these pages connect or are linked. Source & Copyright: The source of the above visa and immigration information and copyright owner/s is the:


** http://usimmigration.visapro.com/J1-Visa.asp


** http://travel.state.gov/visa_bulletin.html


** http://hubpages.com/hub/H2Bvisa 


** http://in.rediff.com/getahead/2006/jan/18visa.htm


** http://usimmigration.visapro.com/H1B-Visa.asp
 
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