subject: L-1 visa issues and its solutions [print this page] L-1 visa issues and its solutions L-1 visa issues and its solutions
I am a L-1 visa holder and my spouse encompasses a L-2 visa. The overseas parent company I work for along with the branch I am currently operating for was acquired by a US primarily based company. The purchaser is going to keep the overseas company and the US branch I work for intact.
My job title and duties together with the situation of our branch office can stay the same. However, the new acquirer will be issuing our paychecks and in fact have power and control over our US branch. My question is, can I continue to work without informing the USCIS of this alteration?
The short answer is the L1 holder ought to positively inform the USCIS of this substantial amendment in its employer's corporate structure. The L1 holder can wish to apply for an amended L1 Visa. Additionally, relying on the expiration date of the present L-1, he might take into account applying to increase his expiration date. He can need to demonstrate that the qualifying relationship between the overseas company and therefore the affiliated US company has not changed despite the acquisition of the overseas parent company and the US affiliate. That was the short answer.
The marginally long answer is as follows. An L1 Visa commonly called a intracompany transfer visa is a very valuable non-immigrant work visa. The Immigration Act provides that an "alien who within the preceding 3 years has been employed abroad for one continuous year by a qualifying organization might be admitted quickly to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a very managerial or government capability, or in a position requiring specialized knowledge." 8 C.F.R. 214.two(i) requires a brand new or amended petition when the "circumstances and conditions within the initial petition have changed." Assuming the relationship between the overseas company operations and the US operations haven't modified, it should be emphasized in the application that this relationship between the overseas relationship with the intracompany transferee's office has not changed. Additionally, the applying ought to be filed immediately.
As mentioned on top of, the L1 visa is extremely valuable work visa compared to an h1b visa. Generally speaking, the L1A visa may be a great platform to eventually to adjust standing to an Employment based inexperienced card. Additionally, the spouse L-two visa holder is typically permitted to work upon correct application for a piece permit. In contrast, the spouse of an H1B holder (H4 visa) cannot apply to work.
