Monday, September 7, 2009

L1 Intracompany Work visa

L1 Intra company Work Visa is the visa given to the foreign nationals who come to the US temporarily for work either in a managerial or executive capacity or which demand specialized knowledge for a parent, branch, affiliate and subsidiary of the same company that employed them abroad. The former is called L-1A and the latter L-1B.

You would be eligible for L1 Intracompany Work Visa only if you had served the company on a full time basis for at least past one year. There is also no need for the employer to get a labor certification.

There are also provisions for your dependents (spouses and unmarried children 21 years of age) to come to US under the L-2 status. Though your children can study in the US, your dependents can not work in the same.

L1 Intracompany Work visa requires an US employer or a foreign employer to file the form I-129 petition. In case you are a foreign employer, then you need to have a legalized business in the US. The documents that are required must show the qualifying relationship between the US and the foreign employer and the ownership and control details which can be shown through an annual report, financial statements, stock certificates, etc.

L1 Intracompany Work visa petition must be accompanied by a letter from your qualifying employer containing the details of your dates of employment, qualifications, salary, job duties, and the proof that you have worked continuously for at least past one year on a full time basis within the three year period.

If L1 Intracompany Work visa is applied in the L-1A category, then it has to be shown there is sufficient space to house the new premises and you are qualified for the position.

The L1 Intracompany Work visa petition must be submitted with the USICIS. In case of temporary workers, a Petition for Non immigrant worker, form I-129 must be filed along with the supporting documents and fees.

Once the petition is approved, you will be sent Form I-797, notice of approval. This will be sent to the consulate pertaining to the beneficiary where he/she has to file a visa application. If you are already in the US and changing from one non immigrant status to another, then you do not need a visa. It is essential that the petition is filed at least 45 days prior to the commencement of the employment.

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