Appointment with the US-based company may be your dream. You would walk in the air if your dream comes true. But, there are certain immigration formalities that you should be aware of. Every country prefers natives over foreigners first when it comes to appointing on a designation.
But, there are some exceptional designations that require a highly skilled workforce. And if not even a single native qualifies to meet the requirement, there emerges a void. To fill that vacuum, the government allows recruitment of the foreigner who fulfills the job requirements perfectly.
This is where the non-native candidates a silver lining to work with the US-based employer. Here, they should know that they can apply for the temporary and permanent US visa. However, the latter visa to work there is hard to get approval on. But, they can apply for the L-1 Visa, which is a temporary work visa.
L-1 Visa:
If you consider the temporary work visa in particular, the L-1 visa is the most pervasive choice. It is an intra-country transfer to the US for working. Simply say, the US employer calls a non-native employee to temporarily discharge his duties in the interest of the American company. To do so, the employer transfers him from one office to another office in the USA.
Types of L-1 Visa:
- L-1 A Visa: This temporary visa is issued to managers and executives, who are migrating to the US office. Or, the reason of transiting can be setting up an office in the US.
- L-1 B Visa: This visa is meant for the specialist skilled non-native US workforce.
L-1 Visa Duration:
The employer can apply for the transfer on behalf of the employee. Also, the employee should have worked with the US employer for a 12-month continuously in the previous 36-month tenure.
- To mention the tenure specifically, the L-1A visa can be applied for up to 7 years. On the flip side, the tenure of the L-1B visa is up to 5 years only. Both tenures are non-extendable. In other words, the employee cannot seek extensions once his tenure is over.
- It is worth mentioning if the employee has previously worked under the H-1B visa, his tenure will be deducted from the allowed stay.
L-1 Visa Requirements:
- The companies comprising a corporation, a charity (non-government) organisation and a religious entity, but not limited to, may file visa application.
- The petitioning employer should have a corporate relationship with a foreign company, for instance, as a parent company, subsidiary, branch or affiliate.
- The employer must own a company in the US as well as in the non-US nation. It proves that he runs a multinational business, delivering goods or services actively and frequently.
- The employee must be associated with the employer for at least one year (i.e. 12 months) in the last 3 years prior to visa application. If he has tenure in the US before, that will not be counted.
- The employee must be willing to leave America at the end of his tenure.
About Wages and Payroll:
Being a foreign entity, the L-1 visa holder is going to work on behalf of a foreign qualifying employee. So, there is no need to show prevailing wages. However, they are generally recruited on the lower wages as compared to the native worker.
As far as the payroll is concerned, the employee can or cannot be on the payroll of the US employer. Therefore, he will have a right to get only the allowance there.
About EAD (Employment Authorization Document) Card for the Spouse:
The EAD card is a work permit, provided by the United States Citizenship and Immigration Services (USCIS). It is delivered to the noncitizens as an authority to work there. The temporary workers can seek it for their spouse to be authorized for working there. This authority can be obtained through filling a Form I-766.
L1 Visa to Green Card:
The employee can apply for the green card in the EB 1C category. This category exempts the L1 visa holders from filling for the PERM Labour Certification. Therefore, they can apply for the green card in less than a year. But, the employer must have the PERM Labour Certification, which approves them to get the green card.
L1 Visa Application Requirement:
- As an applicant for the L1-A visa, you have to provide the proof of being appointed to the role of an executive or a manager.
- For L1-B visa, you should have all supporting documents, proving that you possess the requisite skills, knowledge and experience. It should be underscored as “specialized knowledge”, which determines that the possessed knowledge is not a commonplace within the organisation or within the industry. This knowledge can be associated with technology, services or company processes.
