View Full Version : L1 Visa................another question
I`ve been trying to find as much as possible about this visa.
If i understand from everybody this is a better choice than an E2 as its supposed to lead to a Green Card.......
On the immigration website it kind of tells you that this is a temporary visa also with a max of 7 years!!! and after that time you must acknowledge that you will return to the UK. Am i reading this right, if so how do you get a chance of a GC from it.......
Regards,
Neil
Anyone on an E2 or L1 visa is classed as a non-resident alien (ie they still actually officially reside in the UK!) so you could call both temporary! You have to apply for your green card during that time and hope that you get one before your time's up.
E2 is a tenporary visa too, you have to renew it every two or five years, That bit in the visa form asking where you reside, Well on E2 you put UK even if you are living in the US on a 5 year visa. That bit got me sent to the back of the queue!!
On L, you can apply for green card after one year and it takes 2-3 years to process so the seven year max isnt very relevant, It would only be so if you didnt bother applying for a green card.
L-1 Visas for Intracompany Transferees
The L-1 visa is available to certain employees who have worked for a branch, subsidiary, or other affiliate of the employer outside the United States for at least one consecutive year (or six consecutive months, if the employer has an approved "blanket L" petition). In order to qualify for the L classification, the employee must have worked for at least one consecutive year (or six consecutive months in the case of a blanket L petition) during the last three years in an executive, managerial or specialized knowledge capacity. In addition, the employer must seek to transfer the employee to the United States to assume an executive, managerial or specialized knowledge position.
L petitions are approved for an initial period of three years. Executives and managerial level employees are granted L-1A status and are permitted a maximum stay of seven years in the U.S. Non-managerial, specialized knowledge employees are granted L-1B status and are permitted a maximum stay of five years. Note that time spent in the U.S. in H-1B status counts against the L-1 stay, and time spent in L-1 status will count against the six-year limit on H-1B time. Like H-1B nonimmigrants, L nonimmigrants may have the dual intent to stay for the duration of their nonimmigrant employment while simultaneously pursuing permanent residence without jeopardizing their nonimmigrant status.
Employers should note that the L-1 visa category, like the H-1B classification, continues to be the focus of much public and government scrutiny. Most recently, in the wake of the H-1B cap exhaustion, the Department of State (DOS) has issued a cable that alerts consular posts to potential L-1 fraud and abuse issues, now that H-1B visas for new employment are unavailable for the remainder of FY 2004. In particular, DOS is concerned that employers will use the L-1 category to transfer low-wage employees to U.S. businesses that are not affiliates, branches or subsidiaries of the petitioning employer. The cable therefore urges consular officers to ascertain that an employer-employee relationship exists between the petitioner and the employee, as evidenced by the control and supervision exercised by the petitioner over the foreign national. If the employment relationship exists exclusively between the foreign national and a U.S. business unaffiliated with the petitioner, the officer may refuse to grant the visa. Where the visa applicant is to be employed as a specialized knowledge worker, DOS will place particular focus on whether there is evidence that the foreign nationals has knowledge specific to the petitioner's products, processes or procedures. Where the employee is working with a U.S. company on that company's own products or generic products and is not using knowledge specific to the petitioner, the specialized knowledge criteria are not met and the visa may be refused.
My L1 VISA issued dec03 lasts for 1 year only then we have to meet certain things to be able to re apply so we can continue to live and trade over in florida...
Just heard of a man comp having green card refused for not complying with new regs ie management status and they had the correct number of hands on workers so things are getting tighter for us.