Now, H-1B, L-1 visa holders can enter US on few conditions The new set of exceptions for H-1B and L-1 visas comes as a breather for IT firms, but interpretation of eligibility criteria by US officials holds the key Trump administration relaxes H-1B visa ban norms Rukmini Rao Aug 13, 2020, Updated Aug 13, 2020, 5:37 PM IST
Full Answer
What happens to my L-1 visa if I leave the US?
The L-1 status is employment-based, so your status immediately ends on the date of employment is terminated. If a change of status or extension of stay has been granted, then you are not required to travel outside the U.S. and apply for an L-1 visa in order to “activate” your L-1 approval.
Can I travel outside the US after my L-1 is approved?
If a change of status or extension of stay has been granted, then you are not required to travel outside the U.S. and apply for an L-1 visa in order to “activate” your L-1 approval. If your L-1 petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your L-1 I-797 approval notice.
What is the difference between an L1 and L2 visa?
The spouses of L1 visa holders may apply for an L2 visa, which gives holders complete freedom to travel outside the United States and to work during the visa's period of admission. Only employees who have already been working abroad for the host organization for a minimum of one year within the last three years may qualify for an L1 visa.
Can L1 visa be converted to green card?
The L1 visa is a non-immigrant visa category. This means that the L1 visa is temporary and does not directly lead to a green card. In order to go from an L1 visa to a green card, you will have to either apply for an adjustment of status, or apply for an immigrant visa abroad.
What are the requirements for a noncitizen, nonimmigrant, to travel to the United States during the COVID-19 pandemic?
Noncitizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.
Where can I apply for the humanitarian or emergency exception to travel to the United States?
Individuals who fit the exception criteria described in the Presidential Proclamation and CDCs Amended Order may contact the U.S. embassy or consulate in or nearest the country from which they are departing for the United States. The embassy will then transmit the information to the CDC for consideration.
What documents do I need to enter the US if I am a sea crew member with a C-1 and D nonimmigrant visa during COVID-19?
What documentation do I need if I am a sea crew member traveling with a C-1 and D nonimmigrant visa? You will need to show Your C-1 and D visa; AND An official letter from your employer (paper or digital) indicating your entry to or transit through the United States is required for the purpose of operating a vessel or return travel after disembarking the vessel consistent with your visa and official letter.
Do I qualify for an exception or can I apply for an exception to the COVID-19 vaccine requirement?
See full answerCategories of noncitizen, nonimmigrants that meet the criteria for an exception under the proclamation and CDC’s order include: Persons on diplomatic or official foreign government travel Children under 18 years of age Persons with documented medical contraindications to receiving a COVID-19 vaccine Participants in certain COVID-19 vaccine trials Persons issued a humanitarian or emergency exception Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability. Members of the U.S. Armed Forces or their spouses or children (under 18 years of age). Sea crew members traveling pursuant to a C-1 and D nonimmigrant visa Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)
What are some exemptions from the COVID-19 vaccine?
Some people may be at risk for an adverse reaction because of an allergy to one of the vaccine components or a medical condition. This is referred to as a medical exemption. Some people may decline vaccination because of a sincerely held religious belief. This is referred to as a religious exemption.
What is the difference between SARS-CoV-2 and COVID-19?
In 2019, a new coronavirus was identified as the cause of a disease outbreak that originated in China. The virus is now known as the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The disease it causes is called coronavirus disease 2019 (COVID-19).
What documentation do I need to fly if I am a member of the U.S. Armed Forces during the COVID-19 pandemic?
You will need to show a U.S. military identification document, such as a military ID or Common Access Card (CAC) or a DEERS ID Card, or other proof of status as a member or spouse or child (under 18 years of age) of a member of the U.S. Armed Forces.
Who is responsible for reporting COVID-19 tests?
The testing site that performs the COVID-19 test is responsible for reporting to the appropriate state or local public health department.
What is the emergency use authorization for a vaccine?
Put simply, an emergency use authorization (EUA) is a tool the Food and Drug Administration (FDA) can use to expedite the availability of medical products, including drugs and vaccines, during a public health emergency.
What is COVAX?
COVAX is the vaccines pillar of the Access to COVID-19 Tools (ACT) AcceleratorThe ACT Accelerator is a ground-breaking global collaboration to accelerate the development, production, and equitable access to COVID-19 tests, treatments, and vaccines.
What should I do if I am allergic to the COVID-19 vaccine?
If you aren't able to get one type of COVID-19 vaccine because you are allergic to an ingredient in that vaccine, ask your doctor if you should get a different type of COVID-19 vaccine.
How do I get an easy proof of my COVID-19 vaccination?
The CDC card issued to you when you get your first COVID-19 shot is the easiest way to show proof of vaccination. While many states keep vaccination records on file, the information can be difficult to access. The healthcare provider who administered your vaccine is most likely to have a record of your vaccination.
How long can I stay in the US with a green card?
If the employer who filed your L1 visa is not willing to file Green Card for you, you will be out of options. The max duration on L1A visa is 7 years and L1B visa is 6 years. There will not be any extension granted. If your employer files on time, it will be easier to get the green card. On the other hand, if you are on H1B visa, max stay on the visa is 6 years, however you can go for another 3 year extension if your employer files for green card, whether the green card is approved or not. It is flexible on H1B visa because, if you realize that your employer does not sponsor green card, you can change the job in US and find the employer who can sponsor. Even though your spouse can’t work on H4 visa initially, he/she will be able to work once the employer files for green card. You need not wait for green card, just receipt I-140 is sufficient for spouse to work in US.
How long do you have to stay on H1B to L1A?
For example, if you spend 2 years on L1A and found a new employer who sponsors H1B, upon approval of the visa you will have 4 more years left on H1B visa, before applying for 3 year extension. Same is the case if you change from H1B to L1.
What is a blanket visa?
L1 Blanket visa is issued for a company. After a company has obtained blanket L visa petition approval, individuals apply for L visa stamps at a United States Consulate abroad by presenting a signed I-129S petition and proof of qualifying employment. With a blanket visa it is not necessary to get USCIS approval for a particular individual, although the individual remains subject to immigration background checks.
Where to apply for L1B visa?
Upon approval of the visa, the individual may apply for an L-1 visa stamp at a U.S. Consulate. (As Canadians entering the United States are not required to present an L visa stamp at the border, Canadian citizens may file the petition directly at an INS port of entry.)
Which is better L1A or H1B?
From my personal experience, H1B is better than L1A or L1B visas, if you are one of the lucky person to get the H1B visa in lottery. My suggestion is to apply for H1B through petition, if selected go with it, if not then apply for L1A.
What is an L1 visa?
L1 visa specially L1-A visa has been abused by so many large IT organizations specially Dell , IBM , Cognizant, Infosys, TCS , Wipro and Accenture. L1-A visa provisioned for intra-company transfer from off-shore to onsite for Senior Managers and Directors and above.
Is the US consulate in Chennai rejecting people?
Let me be real. At the US consulate in Chennai, you can clearly see that certain interviewers are rejecting people irrespective of visa type. I could not hear the candidate answers, but the interviewers tone seem to be very aggressive.
What Are Other L-1 Visa Fees?
First, you will have to file Form I-129 with USCIS. After it has been approved, you can apply for the L-1 visa. The filing fee is $460, which is paid by the U.S company and must be submitted with Form I-129.
How long does it take to get a L-1 premium?
Processing an L-1 visa under premium processing takes at most 15 days, and the applicant is required to pay a fee of $1,440. The fee for the normal L-1 visa application is $460.
How much does an I-539 cost?
If you have dependents that are applying for the extension of L-2 visa status or want a change of status to L-2 visa status through USCIS, then you will also have to file Form I-539 whose charges are $370.
What is Immi USA?
At Immi-USA, our attorneys will handle your case with complete privacy and confidentiality. We’ve helped many clients deal with revoked visas, visa extensions, and related applications. To get in touch with one of our expert attorneys, simply complete the contact form here so that we can schedule a consultation for you.
How to apply for an L-I visa?
Once Form I-129 has been approved, you will be required to apply for L-I visa status at the U.S embassy or consulate of your home country . You will also have to file for Form DS-160 at the Department of State and pay $190. The L-1 worker pays this fee. If you intend to change your status from non-immigrant status, you won’t have to pay this fee because you won’t be applying for the L-1 visa. Also, if you are a Canadian citizen, you won’t have to pay this fee because you will apply for an L-1 visa at the Port of Entry.
Why do foreign companies need copies of bank statements?
The foreign company’s copies of bank statements to prove that the size of the foreign entity is capable of commencing business in the U.S. and remunerating the beneficiary.
How many jobs are required for L-1A visa?
There is less pressure to create employment under the L-1A visa when compared to the EB-5 that requires the creation of at least 10 jobs.
How many L-1 visas are approved each year?
On the other hand, there are no limits to how many L-1 visas are approved each year. This means that your petition will not be rejected due to the fact that there are no more available visas.
How many employees can you have on an L-1?
revenue of at least $25 million or have a minimum of 1,000 employees working in the U.S. An L-1 blanket petition allows employers to file a single petition for multiple employees, ...
How long do you have to work for a multinational company?
If you are not currently employed with a multinational company that is large enough to have or plant an office in the U.S., then this could be a very difficult hurdle to surpass. This is especially true since you must work at that company for one full year in the three years that precede your entry into the U.S.
How long does it take to get an extension for an L-1 visa?
However, unfortunately, L-1 holders are only granted one extension after their initial three years. After that, they must either transfer their status or apply for a new L-1 visa.
How long can you work on an L-1A?
Even though the L-1A allows for holders to work for up to seven years, this limit cannot be exceeded for any reason. For other visas, such as the H-1B or J-1, an extension can be acquired past the usual maximum. There are even some visas like the O-1 and E-2 that allow for unlimited extensions.
What is the most difficult part of obtaining an H-1B visa?
One of the most difficult aspects of acquiring an H-1B, J-1, or TN visa is finding an entity that is willing to sponsor you for the visa. If you are a qualified L-1 applicant, then you are already employed with a U.S. company that will sponsor you.
Do L-1 visas have benefits?
When comparing these L-1 visas with many of the other work visa classifications, you will find that, depending on your immigration situation, it has many benefits that the others do not.
How to apply for a visitor visa?
To apply for a visitor visa, get started early, as the process can take time. You need to apply at the United States embassy or consulate in your country of citizenship. People applying for a B-1 or B-2 visa between the ages of 14 and 79 need to schedule an interview with a consular officer; during the application process, you will have your fingerprint scanned. In addition to paying the visa application fee, you must fill out and print out Form DS-160 online, and bring your valid passport, travel itinerary and your resume or curriculum vitae. If you do not have access to a computer to fill out Form DS-160, you call the consulate and make arrangements. If you have visited the United States previously, you will be asked to bring dates of your last five trips to the country. Some applicants may be asked to provide additional information, at the discretion of the consulate they apply at.
What is an L1 visa?
L1 visas allow organizations to request temporary residence in the United States for eligible employees who work for a branch or subsidiary in another country. They are often used by large companies who struggle to find workers with specific skills. L1 visas are not the same as a permanent resident visa; they carry certain restrictions for both ...
Where is the Philippines visa placed?
A visa for the Philippines is placed inside your passport. (Photo: Jupiterimages/Photos.com/Getty Images )
How long do you have to work to get an L1 visa?
Eligibility Criteria. Only employees who have already been working abroad for the host organization for a minimum of one year within the last three years may qualify for an L1 visa. However, that does not mean the organization need to be established in the United States. Organizations opening new offices or a subsidiary company are also eligible.
Who can apply for L1A visa?
Executives and managers must apply for a L1A visa, while employees with specialized knowledge, such as scientists, technicians and consultants, must apply for an L1B. The spouses of L1 visa holders may apply for an L2 visa, which gives holders complete freedom to travel outside the United States and to work during the visa's period of admission.
Where is Mandi Titus?
Based in Florida, Mandi Titus has been writing since 2002. Her articles have been published on sites such as Goodkin, Go Green Street and Living the Healthy Way. She holds a Bachelor of Science in psychology from Stetson University.
Is a L1 visa the same as a permanent resident visa?
L1 visas are not the same as a permanent resident visa; they carry certain restrictions for both the workers and the employers who sponsor them. However, traveling outside the United States is allowed for L1 visa holders.
What happens if my L-1 expires?
However, if your passport expires before the end date of your L-1 approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. If this happens, please contact us so we can discuss how to maintain and extend your status.
How to check I-94 card?
Customs and Border Protection (CBP) has implemented an electronic I-94 system. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. Please also be sure to email us a copy of the I-94 printout for your file. If there is an error, check here for instructions on how to fix an I-94 card within the U.S.
What happens during a visa appointment?
During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.
How much is the visa fee for each machine readable visa?
There will be a visa fee of at least $190 for each machine-readable visa issued. A reciprocity fee may also be required. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. It is therefore difficult to predict how long the wait will be for each visa issuance. You can check visa-waiting times here, and you can check consular procedures here.
How long is a passport valid?
In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. There are some exceptions to this rule. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. The list of member countries is here.
What is the PIMs database?
consulates and embassies are required to verify the approval of the L-1 petition by consulting the State Department’ Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals.
How long does it take to get a visa?
Many consulates use an online appointment system for visa applicants. It can take four to six weeks or longer for visa appointments. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, once your L-1 petition is approved.
What are the priority categories for nonimmigrant visas?
U.S. Embassies and Consulates that process nonimmigrant visa applications are prioritizing travel ers with urgent needs, foreign diplomats, mission-critical categories of travelers (such as those coming to assist with the U.S. response to the COVID-19 pandemic, and workers who are essential to the American food supply), followed by students, exchange visitors, and some temporary employment visas.
How long is a NIE valid for?
If a NIE is approved, they may travel on either a valid visa or ESTA authorization, as appropriate. Each approved NIE is valid for 30 days and a single trip to the United States. [ NAFSA note: The July 6, 2021 NIE statement extended individual (non-blanket) NIEs to 12 months of validity for multiple entry.]
What is the DOS policy on travel?
Under the DOS policy, individuals without the required visa must travel to a third country not subject to a COVID-19 14-day entry ban and apply for a visa in that country. The plaintiffs argue that DOS should allow visa applicants within one of the designated countries to apply for and receive a visa in that country, to allow them to then go to a third country to quarantine for 14 days before continuing on the the United States.
What is the priority of consular sections abroad?
The provision of services to U.S. citizens abroad is the first priority of consular sections abroad. With respect to visa services, for consular sections that have the capacity, the processing of immigrant and fiancée visas, particularly for immediate relatives and other family-sponsored applicants, is our highest priority. U.S. Embassies and Consulates are also prioritizing the processing of immigrant visa cases previously refused under the rescinded Presidential Proclamations 9645 and 9983.
How long is the CDC's congregate settings order?
The original order was effective March 20, 2020, for 30 days. In a Federal Register notice published on April 21, 2020, but effective April 20, 2020, the CDC extended the "congregate settings" restrictions for 30 additional days, until 11:59 p.m. on May 20, 2020. On May 26, 2020, the CDC issued an indefinite extension notice at published at 85 FR 31503 (May 26, 2020), under which the congregate settings restrictions will continue "until the CDC Director determines that the danger of further introduction of COVID-19 into the United States from covered aliens has ceased to be a serious danger to the public health." That notice also says that "CDC shall review the latest information regarding the status of the COVID-19 pandemic and associated public health risks every thirty days to ensure that the Order remains necessary to protect the public health."
What countries are in the Schengen area?
These proclamations, with certain exceptions, place restrictions on visa issuance and entry into to the United States for individuals physically present in China, Iran, Brazil, UK, Ireland, South Africa, and the 26 countries in the Schengen area.
What is a Tier 1 visa?
Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)