L Visa

Licensing of Foreign Persons Employed by a U.S. Person

When is a foreign person considered an employee? If residing overseas, is the foreign person employee considered a broker? Should current authorizations be replaced or amended to be consistent with current guidance? Can multiple employees be covered under one authorization? How is an employee providing marketing services overseas identified in a license application? What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from? What value should be entered on the license application? How should the foreign person employee of a U.S. person be identified in the TAA or MLA? Who should sign the DSP-83 for the transfer of U.S. classified information?

When is a foreign person considered an employee?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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L-1B Specialized Knowledge Worker

Over the last few years, approvals of L-1B cases have become particularly difficult.  An L-1B (Intra-Company Transfer Visa) petitioner retained us after receiving a Request for Evidence from USCIS requiring additional proof that the beneficiary had specialized knowledge and that the job duties required an individual with unique knowledge of the petitioner’s complex technology.  We provided documentation to show that the beneficiary had skills that could not be obtained in the open market.  We were also able to show that, within the petitioner’s employee pool, the beneficiary was unique and

Nonimmigrant Visas: 

Home Residency Requirement for Second Visa

I got a J-2 visa and my wife on J-1 recently in which we have never travelled to US yet. Now my employer is ready to apply a L-1B for me and my wife L-2. Is this possible? Or will I be subjected to 2 years home stay restriction which is applicable for J visa without travelling on J. Will it be a problem in US consulate when I appear for L-1 visa as me and my wife have J-2 and J-1?

If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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State Dept. Releases Pending Final Rule On L Visas Full Validity

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice:]          

Visas: Issuance of Full Validity L Visas to Qualified Applicants

AGENCY:     State Department.

ACTION:       Final Rule.

SUMMARY:This rule permits the issuance of L visas with validity periods based on the visa reciprocity schedule; whereas the current rule limits L visas to the petition validity period, which is determined by the Department of Homeland Security.   

Agency: 
Nonimmigrant Visas: 

State Dept. Announces Blanket L Visa Processing Moves To The US Consulate General In Chennai

Blanket L Visa processing to move to the U.S. Consulate General in Chennai on December 1, 2011.

The U.S. Consulate General in Chennai will become the sole acceptance center in India for all applications for intra-company transfers under the blanket L category as of December 1, 2011.  The U.S. Embassy in New Delhi and U.S. Consulates in Mumbai, Kolkata and Hyderabad will no longer accept or process applications for this visa category.  The blanket L category includes specialized knowledge professionals, executives and managers.

Nonimmigrant Visas: 

L-1 Blanket petition

I have an L-1 Blanket petition and I traveled to US for one week and used that VISA. Part of my job, I need to work in one of our offices outside USA for a year, but will just have to go to US for one week every 2 months. Will that affect my visa since I would not be fulltime working in US? I have M entries in my L-1.

As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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US Consulate Mumbai resumes H & L visa interviews

U.S. Consulate General, Mumbai resumes H and L visa processing

The U.S. Consulate General, Mumbai is pleased to announce the resumption of interviews in Mumbai for H and L visas.  The H and L visa categories are petition-based and enable a beneficiary to work legally in the United States.  In 2010, Indians applicants received 65 percent of all H1B visas issued worldwide. 

Agency: 
Nonimmigrant Visas: 

L-2 Visa without EAD

I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no EAD. Second,I have gone to the office to get SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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