Discussion Topics:
FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
Guidance on L Visas and Specialized Knowledge
Reference Document:
STATE 002016, 01/11
1. The following guidance is in response to a request [redacted] for specific guidelines for L visa adjudications, particularly in regard to evaluating claims of "specialized knowledge," and will be useful to all posts. There is a concern about the potential for inconsistent adjudicatory standards at different constituent posts and clear standards would allow for more consistent adjudication.
This memorandum provides guidance regarding implementation of the provisions of Public Law 111-230 that increase certain H-1B and L-1 petition fees. The additional fee applies to petitioners that employ 50 or more employees in the United States with more than 50% of their employees in the United States in H-1B or L-1A or L-1B nonimmigrant status. Petitioners meeting those criteria must submit the additional fee with an H-1B or L-1 petition filed.
Documents to submit at VFS office:
If you are applying for a regular H or L visa, please submit the following documents 4 business days prior to your appointment date at the VFS office located in Hyderabad.
State Dept. issued a visa policy update on an FAM change to clarify that posts may annotate blanket L visas with the name of the actual employer on the I-129-S even if that subsidiary or affiliate employer name is not in PIMS.
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On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014. |
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
Release Date
08/03/2023
U.S. Citizenship and Immigration Services (USCIS) today announced changes to the way USCIS issues receipts for L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.
U.S. Citizenship and Immigration Services (USCIS) announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.
Discussion Topics:
Release Date
10/20/2023
U.S. Citizenship and Immigration Services has issued policy guidance (PDF, 311.12 KB) in the USCIS Policy Manual clarifying that a sole proprietorship may not file a petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.
FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice:]
Visas: Issuance of Full Validity L Visas to Qualified Applicants
AGENCY: State Department.
ACTION: Final Rule.
FAQs: Options when H-1B project is canceled || B-2 visa dilemma: Extend or switch to CPT for PERM/I-140 || Procedure to recapture H-1B/L-1 time outside the U.S.
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U.S. Consulate General, Mumbai resumes H and L visa processing |
FAQs:
1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved
3) What is Cap Gap extension? How does it work?
4)Is it COS to change from cap-exempt H-1B to cap H-1B?
Blanket L Visa processing to move to the U.S. Consulate General in Chennai on December 1, 2011.
The U.S. Consulate General in Chennai will become the sole acceptance center in India for all applications for intra-company transfers under the blanket L category as of December 1, 2011. The U.S. Embassy in New Delhi and U.S. Consulates in Mumbai, Kolkata and Hyderabad will no longer accept or process applications for this visa category. The blanket L category includes specialized knowledge professionals, executives and managers.
During the last three years on H-1B, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H-1B total time?
You can recapture your H-1B time (one year) by requesting it during your next extension application. There's no deadline, and you might even recapture a full year if you exceed six months out. Documentation like passport stamps is needed.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney