Title: L1 Visa Requirements And Green Card Process
1L1 Visa Requirements And Green Card Process
2- The US L1 Visa is a provisional non-immigrant
entry arrangement which enables overseas
organizations to shift their key personnel to
their US based divisions parent organizations
or setup offices in the US. The employees being
relocated must have been in continuous employment
with the organization for a period of at least 12
months in previous three year period immediately
prior to filing of request for this permission.
3- This classification has really proven to be
highly beneficial for small, medium and newly
established organizations. With help of this
permit, the companies are able to shift those
highly qualified employees to their new offices
in the US, who have an in depth knowledge of
functions and procedures of organizations, and
who would play an important role in establishment
of new branch, division in adherence to the
organizational objectives.
4- Generally, US L1 Visa is granted on case to case
basis, but USCIS has created a special provision
for certain qualifying organizations thereby
enabling them to nominate and shift numerous
employees with help of a single approval. The
qualifying organization definition includes those
which are either big MNCs or are frequent
applicants to this category. These companies can
get a single approval under the Blanket program
for relocating a definite number of personnel
working under specified categories and ranks.
5Basic and Specific RequirementsL-1B Visa Has
Certain Requirements in specific and general
capacity for of organizations intending to shift
their workers and personnel being shifted to the
country, i.e.
- The company sending its personnel to the US must
be either a parent organization, a division or an
associate of US based organization and - The organization should either be, or will be,
carrying out business as an employment giving
concern in the United States, and in a minimum of
one overseas location either directly or through
a bonafide entity to the extent of residence of
employee in the United States under this
arrangement. Although the business activity must
be within the specified parameters and
definitions, there is no specific requirement of
being involved in foreign trade, i.e. the
definition of deliberation of commercial activity
defined under the statutes of this arrangement
means a meticulous, continuous and organized
provision of goods or services and
6The personnel being relocated must already be in
employment with the applicant organization for a
period of at least 1 year immediately preceding
the date of placement of application for L1 Visa
and they should be either of following
- o Key personnel at Managerial or
Executive levels The foreign workers being
shifted by overseas entities to the US must
already be working at executive or at managerial
levels in overseas locations and their roles in
United States of America must also continue to be
in similar capacity for the overseas companies,
or - o Personnel with Specialized Knowledge
Overseas companies can also shift employees with
specialist knowhow. This can include the people
who have in depth knowhow about the product or
services being offered by the organization, and
the purpose of their travel to the US should
involve training local US based employees.
7USCIS also permits an easy transition of status
from L1-A Visa To Green Card Through A Simplified
Process that enables the outstanding executives,
managers and specialists to apply for permanent
residence of the country without adversely
affecting their current residence status under
the present arrangement.
- As L1 is a dual intent permit, it allows the
employers to move I-140 for the personnel they
want to nominate for permanent residency. On
being sanctioned, the personnel must place a
request for adjustment of status through an I-485.
8L1 Visa Requirements and Green Card Process are
quite elaborate and simplified. Although L1 Visa
is a provisional non-immigrant entry arrangement
which enables overseas organizations to shift
their key personnel to US, transition of status
from temporary to permanent resident is quite
easy provided certain prerequisites are met by
both employers and employees.
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