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Tuesday, 10 March 2015

L1 Visa Extension Process



L – 1 Visa is comprehensive system that allows the permit holders to enter the country and carry out duties allocated to them by their foreign employers without obtaining a work permit. The arrangement also enables the applicants to be accompanied by their families, including their spouses and dependent children under 21 in age.

USCIS has made life easy for the people who do not have any intentions of shifting to the US as migrants but they must go and perform some important jobs in the country for their employers in following capacities:
·         On important positions in the organizational hierarchy, like at executive or managerial level, or
·         At some strategically critical positions that need good technical skills and knowledge of company’s products and services concept. These professionals either are travelling to the US to implement some new concepts in the international markets, impart training to the US locals, etc. 
http://www.abhinav.com/usa-immigration/l-1a-permit-requirements.aspx


The duration of grant of L – 1 Visa can vary from class to class, i.e. in case the recipient of this permit is going to function in capacity of a manager or an executive, the cumulative duration of the permitted residence is 7 years (under L1A); and if the recipient of the permit is a specialist, the gross duration of permitted residence is 5 years (under L1B). The initial grant under this category can vary on the kind of permit being applied for; and the status of company applying for the permit, i.e.

·         The company already having an office in the country can apply and get an initial grant for the period of 3 years;
·         The organization establishing its first office in the US can get an initial grant of 1 year for its shifting employee.

The companies fulfilling certain parameters can also apply for blanket coverage of L – 1Visa. The organizations intending to obtain blanket permission provided they are able to substantiate that:

·         They are carrying out commercial business in the country for at least last 12 months, i.e. rendering services of supplying goods in local market,
·         They have at least 3 local and overseas offices, and
·         They along with their designated agencies, associates, divisions, or  parent companies fulfill either of the listed parameters:
o    The companies have been granted a minimum of 10 L-1 permits in last 1 year;
o    The combined turnover of the US organizations, their divisions, associates is at least $25 million; or
o    Provide employment to a minimum of 1,000 local inhabitants.

The companies applying for L – 1 Visa must also substantiate that the employees being shifted to the US office would continue working in the same capacity and rank; and would be performing duties similar to what they (recipients) had been doing in the overseas office for at least 1 year in last 36 months immediately preceding the date of submission of petitions. It is also necessary for the companies, filing for this non-immigrant arrangement, to evidence that they would continue to do business in the country to the extent of the validity of granted permit.

The Extension for L – 1 Visa is granted after completion of initial tenure is granted in multiple of 2 years with maximum tenure counting up to 7 years for L1A; and 5 years for L1B. The companies desiring renewal must prove validity of their requests. The companies setting up new offices must substantiate that their office has become fully operational and is in a position to afford the duties and functions of employees shifted to the country.

This renewal of this non-immigrant entry permission arrangement is always conditional, and companies must fulfill all the requirements.

If you are interested, please drop your resume @ krishan@abhinav.com or http://goo.gl/forms/EfOIZbxYCh

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