L1 Visa application procedure can be easily
classified into two phases: petitioning on behalf of the beneficiaries,
employees being sent to the US, by the interested foreign companies; and
placement of request for provisional entry permit by the recipient at the
designated US consulate in the country from the where the requests are
originating from. The requests evaluation procedure for this category of non immigrant permit can take somewhere between 2 to 4 months depending on the
status and standing of the company filing the request under this
classification.
This non immigrant entry arrangement, has been
incorporated by the government of the USA in the US immigration laws to
facilitate those foreign entities that intend to shift their top notch
personnel, working as managers or executives, or product or process
specialists, to the US, in order to either manage an already established office
or open a new, or rather, first business address in the country. The permit has
been further bifurcated into two heads:
·
1 A for the people working on managerial or executive levels; and
·
1 B for the people working as technical specialists.
The laws of this nonimmigrant entry
permission is usually filed for individual employees; but certain companies that
have been operating in the US for at least one year prior to the placement of L1 Visa requests are allowed to file
for a blanket facility, i.e. the entities, in this case, can get approvals for
relocating a predetermined number of employees to the country without having to
file separately for each individual worker.
The L1 Visa Process
starts with the foreign companies filing petitions through I – 129 along with
deemed essential documentary supporting substantiating certain vital facts,
like
·
The foreign company filing this form must evidence its
qualification in terms of having bonafide relationships with a US based
commercial enterprise as either parent holding organization of the US bases
company; or as an affiliate or a subsidiary of a US based organization; and
·
The employees being shifted to the US have been working as
managers, executives or specialists at a foreign location for the foreign
company for a period of at least 12 months prior to the placement of the I –
129 requests; and that the people being relocated would continue to work in
similar capacities.
In addition to this, the companies setting
their foot on the US soil for the first time also need to evidence possession
of a business premises in the US; and that the office being opened would be
able to afford an executive; or a manager; or a specialist within one year of
shifting a foreign employee under 1 A or 1B respectively. The L1 Visa Process for such companies
starts with submission of documentation that list out their plans of carrying
out business of selling goods and providing services in the markets of the US.
Similarly, the employees being shifted also need to make certain submissions,
i.e. provide all proofs regarding their employment and planned foray in the US
for the company that is sending them to the US.
The US authorities evaluate I-129 petitions and
if everything is found in order, the USCIS issues approval of the petition through
I– 797. On receipt of the approval from USCIS, the L1
Visa Application Process shifts to the designated consulate, i.e. the
country from where the employee is being shifted to the USA, in deemed capacity.
The beneficiaries of the permit grant must
get in touch with the US consulate and submit all required documents with the
request for permit grant. The applicants in this arrangement can be accompanied
by their dependents through L 2 permit.
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