L – 1 Visa is one solution for those, who want to go and work for their employers in the US without actually seeking immigration through employment or skills migration schemes. The status of recipient of this permit does not change; and the permit holder can reside in the country and travel within the US; and to the shores of his or her country to perform important duties in their base offices, i.e. the permit holders can divide the work in US and foreign office as per their convenience.
This non migrant entry permission system also enables the recipients of permit to bring along their families to the USA, including spouses and dependent children younger than 21 years, through L - 2 permits. The dependents residing in the country of original residence must move their separate requests for L – 2 permit through the US consulates, while the dependents already residing in the country on other arrangements must move a petition via I – 539 for adjustment of status.
However, to obtain L – 1 Visa Certain Requirements should be fulfilled both by the companies intending to shift their employees to the US; and the employees being shifted to the US. The qualification parameters can be broadly categorized as generic and specific. The foreign companies planning to relocate their personnel, working on critical positions on executive and managerial levels; or having specialist skills in handling certain vital functions and processes of the companies, must substantiate that they have bonafide and designated relationships with their US counterparts, i.e.
The foreign company already having offices in United States of America and willing to shift employees:
• Must be either a parent organization; an associate; or a division of the US based organization and vis-a-versa; and
• Can only send those employees who are in full time regular employment of the foreign company for at least 12 months in previous 3 years immediately preceding the date of submission of application for L – 1 permit; and
• Must be able substantiate that
o It would carry out continuous business or supplying goods; and rendering services in local US markets; and
o It would continue to work in the country to the extent of validity of permit granted to its relocated employees.
Similarly, an organization not yet having any office in the country but intending to establish one, and sending its main personnel there must substantiate that:
• They have either rented or procured suitable premises to establish and house the new business office in the US, i.e. the company must prove that space arranged by them has enough space to handle operations effectively. To evidence this, the company must present their business blueprints, promotional material, and other vital material that elaborates the nature and size of proposed business; and
• The office referred to in the petition would be fully functional within 12 months of shifting of recipient of permit, i.e. the office would be hiring some additional workers and the business would be in a position to require posting of alien personnel at managerial or executive level. The substantiation would also form the basis of request for renewal of the L – 1 tenure; and
One common stipulation that must be successfully met with by the foreign company under the General Requirements For L-1 Visa is that the foreign company must prove that employees being shifted to the country on managerial, executive or specialist levels would be carrying out tasks of similar nature and intensity in the US.
The permit holders in this category must compulsorily work only for the employer shifting them to the US and depart from country after the expiry of residence period.
Summary
There are several General Requirements For L-1 Visa which must be fulfilled by the foreign companies shifting personnel; and employees being shifted, alike. This non migrant entry permission system also enables the recipients of permit to bring their families, including spouses and dependent children under 21 years, along on the basis of L - 2 permits.
This non migrant entry permission system also enables the recipients of permit to bring along their families to the USA, including spouses and dependent children younger than 21 years, through L - 2 permits. The dependents residing in the country of original residence must move their separate requests for L – 2 permit through the US consulates, while the dependents already residing in the country on other arrangements must move a petition via I – 539 for adjustment of status.
However, to obtain L – 1 Visa Certain Requirements should be fulfilled both by the companies intending to shift their employees to the US; and the employees being shifted to the US. The qualification parameters can be broadly categorized as generic and specific. The foreign companies planning to relocate their personnel, working on critical positions on executive and managerial levels; or having specialist skills in handling certain vital functions and processes of the companies, must substantiate that they have bonafide and designated relationships with their US counterparts, i.e.
The foreign company already having offices in United States of America and willing to shift employees:
• Must be either a parent organization; an associate; or a division of the US based organization and vis-a-versa; and
• Can only send those employees who are in full time regular employment of the foreign company for at least 12 months in previous 3 years immediately preceding the date of submission of application for L – 1 permit; and
• Must be able substantiate that
o It would carry out continuous business or supplying goods; and rendering services in local US markets; and
o It would continue to work in the country to the extent of validity of permit granted to its relocated employees.
Similarly, an organization not yet having any office in the country but intending to establish one, and sending its main personnel there must substantiate that:
• They have either rented or procured suitable premises to establish and house the new business office in the US, i.e. the company must prove that space arranged by them has enough space to handle operations effectively. To evidence this, the company must present their business blueprints, promotional material, and other vital material that elaborates the nature and size of proposed business; and
• The office referred to in the petition would be fully functional within 12 months of shifting of recipient of permit, i.e. the office would be hiring some additional workers and the business would be in a position to require posting of alien personnel at managerial or executive level. The substantiation would also form the basis of request for renewal of the L – 1 tenure; and
One common stipulation that must be successfully met with by the foreign company under the General Requirements For L-1 Visa is that the foreign company must prove that employees being shifted to the country on managerial, executive or specialist levels would be carrying out tasks of similar nature and intensity in the US.
The permit holders in this category must compulsorily work only for the employer shifting them to the US and depart from country after the expiry of residence period.
Summary
There are several General Requirements For L-1 Visa which must be fulfilled by the foreign companies shifting personnel; and employees being shifted, alike. This non migrant entry permission system also enables the recipients of permit to bring their families, including spouses and dependent children under 21 years, along on the basis of L - 2 permits.
No comments:
Post a Comment