Showing posts with label best us immigration consultant in indore. Show all posts
Showing posts with label best us immigration consultant in indore. Show all posts

Monday, 8 October 2012

USA L1B Visa Procedure

USA L1B Visa Rule


For Immigration Inquiry 
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L-1 Visa Reform Act of 2004
The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent.  In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:

  • The employee will not be principally controlled or supervised by such an unaffiliated employer; and 
  • The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer.

New Offices
For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:

  • The employer has secured sufficient physical premises to house the new office ; and
  • The employer has the financial ability to compensate the employee and begin doing business in the United States.

Period of Stay
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.

Family of L-1 Workers
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age.  Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

Change/Extend Status
If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, using Form I-539, Application to Extend/Change Status

Spouses
Spouses of L-1 workers may apply for work authorization by filing a Form I-765,  Application for Employment Authorization  with fee.  If approved, there is no specific restriction as to where the L-2 spouse may work.

Blanket Petitions
Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition.  Eligibility for blanket L certification may be established if:


  • The petitioner and each of the qualifying organizationsare engaged in commercial trade or services;
  • The petitioner has an office in the United States which has been doing business for one year or more;
  • The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
  • The petitioner along with the other qualifying organizations, collectively, meet one of the following criteria:


  1. Have obtained at least 10 L-1 approvals during the previous 12-month period;  
  2. Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
  3. Have a U.S. work force of at least 1,000 employees.
In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional.

Where an L-1 visa is required
In most cases, once the blanket petition has been approved, the employer need only complete a Nonimmigrant Petition Based on Blanket L Petition, Form I-129S and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.

Canadians with an approved blanket petition seeking L-1 classification
Canadian citizens, who are exempt from the L-1 visa requirement, may present the completed Form I-129S and supporting documentation to a U.S. Customs and Border Protection (CBP) Officer at certain ports-of-entry on the United States-Canada land border or at a United States pre-clearance/pre-flight inspection station in Canada, in connection with an application for admission to the United States in L-1 status.


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USA L-1B Visa

L-1B Intracompany Transferee Specialized Knowledge

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The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.  The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.

General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must:

  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.


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USA L1 Visa Procedure


USA L1 Visa Rules

 For Immigration Inquiry 
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New Offices
For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:


  • The employer has secured sufficient physical premises to house the new office;
  • The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
  • The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

Period of Stay
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

Family of L-1 Workers
The transferring employee may be accompanied or followed by his or her spouse and unmarried children who are under 21 years of age.  Such family members may seek admission in L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.

Change/Extend Nonimmigrant Status
If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on an Form I-539, Application to Change/Extend Nonimmigrant Status

Spouses
Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization  with fee.  If approved, there is no specific restriction as to where the L-2 spouse may work.

 Blanket Petitions
Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition.  Eligibility for blanket L certification may be established if:


  • The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
  • The petitioner has an office in the United States which has been doing business for one year or more;
  • The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
  • The petitioner along with the other qualifying organizations meet one of the following criteria:


  1.  Have obtained at least 10 L-1 approvals during the previous 12-month period;  
  2.  Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
  3.  Have a U.S. work force of at least 1,000 employees.

The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification.  It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.

Where an L-1 visa is required
In most cases, once the blanket petition has been approved, the employer need only complete Form, I-129S,Nonimmigrant Petition Based on Blanket L Petition  and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.

Canadians with an approved blanket petition seeking L-1 classification
Canadian citizens, who are exempt from the L-1 visa requirement, may present the completed Form I-129S and supporting documentation to a U.S. Customs and Border Protection (CBP) Officer at certain ports-of-entry on the United States-Canada land border or at a United States pre-clearance/pre-flight inspection station in Canada, in connection with an application for admission to the United States in L-1 status.


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Friday, 5 October 2012

USA L1 Visa


L-1A Intracompany Transferee Executive or Manager



The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
The following information describes some of the features and requirements of the L-1 nonimmigrant visa program.

General Qualifications of the Employer and Employee
To qualify for L-1 classification in this category, the employer must:


  • Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
  • Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade. 

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:


  • Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  • Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.


Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.



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USA H3 Visa Requirements


H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

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Special Education Exchange Visitor
There is a numerical limit (or “cap”) on the number of H-3 special education exchange visitors. No more than 50 may be approved in a fiscal year. So far, one has been approved in fiscal year 2012.

A petition requesting an H-3 “special education exchange visitor” must be filed by a U.S. employer or organization. It should  include a description of:

  • The training the alien will receive
  • The staff and facilities where the training will occur
  • The trainee’s participation in the training
In addition, the U.S. employer or organization must show that the trainee is:

  • Nearing the completion of a baccalaureate degree program in special education
  • Has already earned a baccalaureate degree in a special education program, or
  • Has experience teaching children with physical, mental or emotional disabilities.

Note: Any custodial care of  children must be incidental to the alien’s training.

Application Process

 In order to obtain H-3 classification, the U.S. employer or organization must file a Form I-129, Petition for Nonimmigrant Worker. The petition must be filed with the information provided above.

Period of Stay
If the petition is approved, the trainee may be allowed to remain in the United States for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the United States for up to 18 months.

Family of H-3 Visa Holders
Trainees' spouses and children who are under the age of 21 may accompany them to the United States. However, the family members will not be permitted to work in the United States.




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Thursday, 4 October 2012

USA H3 Visa


H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

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The H-3 nonimmigrant visa category is for an alien coming temporarily to the United States as either a:


  • Trainee to receive training, other than graduate or medical education training, that is not available in the alien’s home country or
  • Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.

Trainees
An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, other than graduate or medical education training, in any field including but not limited to:


  • Commerce 
  • Communications 
  • Finance 
  • Government 
  • Transportation 
  • Agriculture 
  • Other professions


This classification is not intended for U.S. employment  It is designed to provide an alien with job-related training for work that will ultimately be performed outside the United States.

In order to obtain H-3 classification, a U.S. employer or organization must provide:


  • A detailed description of the structured training program. The description should indicate the number of hours per week the trainee will be in classroom training and the number of hours per week that the trainee will be involved in on-the-job training 
  • A summary of the trainee's prior training and experience 
  • An explanation of why the trainee needs the training 
  • A statement explaining why the training is unavailable in the trainee’s home country
  • A statement explaining how the training will benefit the trainee in pursuing a career outside the United States 
  • A statement explaining who will pay for the training without the petitioner permanently employing the trainee

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Wednesday, 3 October 2012

US Business visa


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Monday, 1 October 2012

US H2B Visa


Employment-Related Notifications to USCIS

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Petitioners of H-2B workers must notify USCIS within 2 workdays if any of the following occur:

No show: The H-2B worker fails to report to work within 5 work days of the latter of:

  • The employment start date on the H-2B petition; or
  • The start date established by the employer;


Abscondment: The H-2B worker  leaves without notice and fails to report for work for a period of 5 consecutive workdays without the consent of the employer;

Termination: The H-2B worker is terminated prior to the completion of the H-2B labor or services for which he or she was hired; or

 Early Completion: The H-2B worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2B petition.
Petitioners must include the following information in the employment-related notification:


  1. The reason for the notification (for example, explain that the worker was either a “no show,” “absconder,” “termination,” or “early completion");
  2. The reason for untimely notification and evidence for good cause, if applicable;
  3. The USCIS receipt number of the approved H-2B petition;
  4. The petitioner’s information, including:


  • Name
  • Address
  • Phone number 
  • Employer identification number (EIN)

5.The employer’s information (if different from that of the petitioner):

  • Name
  • Address
  • Phone number

6.The H-2B worker’s information:

  • Full Name
  • Date of birth
  • Place of birth
  • Last known physical address and phone number


Additionally, to assist USCIS with identification of the H-2B worker, submit the following for each H-2B worker, if available:


  • Social Security Number, and
  • Visa Number


Note:  According to the Fair Labor Standards Act (FLSA), this generally means the period of time on any particular day when an employee begins and ends his or her “principal activities.


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H2B Visa length stay


Period of Stay

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Generally, USCIS may grant H-2B classification for up to the period of time authorized on the temporary labor certification.   H-2B classification may be extended for qualifying employment in increments of up to 1 year each.   A new, valid temporary labor certification covering the requested time must accompany each extension request.  The maximum period of stay in H-2B classification is 3 years.



A person who has held H-2B nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2B nonimmigrant.  Additionally, previous time spent in other H or L classifications counts toward total H-2B time.

Exception: Certain periods of time spent outside of the United States may "interrupt" an H-2B worker's authorized stay and not count toward the 3-year limit.


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