H1B, L1 and Employment Based Visa’s

H1B Visa

H-1B Visa is one of the most sought after categories’ of Nonimmigrant Visas. Under the Immigration Nationality Act(INA), H-1B Visas are used for by the employers to sponsor individuals who are coming to the United States temporarily to work in a specialty occupation; demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and filing of a Labor

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Condition Application (LCA) specific to each location where the beneficiary will perform services; and that an employer – employee relationship will exist throughout the duration of the H-1B employment period

Under the Neufeld Memo issued January 8, 2010, the Memo clarifies the requirements for a valid employer-employee relationship and provides guidance as to the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. In this context, we prepare all our H-1B applications within the parameters that clearly define employer-employee relationships through employment contracts and documents pertaining to end client and third party sites and subcontractor agreements, in the context of Information Technology (IT) consulting and Staffing Companies.

Our H-1B Visa Services covers the following:

  • H-1B Visas for IT Consulting Companies and Employer- Employee Relationship Issues in the Context of work assignment at Third Party Sites and independent contractors
  • H-1B’s for Start Up Companies
  • H-1B ‘s for OPT/ CPT Students and Issues concerning Change of Status from F-1 to H-1B
  • H-4 Dependent Issues
  • Change of Status from L-1 to H-1B
  • Extensions beyond 6th Year and Time Recapture
  • H-1B Amendments

L1 Visa

L1 visa is an intra-company transfer visa. It is a permit to work for a company in USA, to which you are transferred from the parent or the sister concern company of your country.

What are the required conditions?

L1 visa is filed by your company, and needs to be approved by the USCIS. The requirements for L1 visa are:

  • It can be issued only to an L1-A(Executive, Manager) or to a person with L1-B(specialized knowledge worker).
  • Individuals cannot apply for an L1 visa. Your employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf for L1 sponsorship.
  • The person must have worked for at least one year within the past three years and you will be performing duties in the U.S. for the same employer or an affiliate.
  • Maximum limit for L1(A) visa is 7 years for executives, and managers. And 5 years for people with specialized skills L1(B).
  • The L-1 petition must specify, that both the U.S. and the parent company involved are qualified organizations.
  • A letter from US based company, justifying the need of the person.

Can a L1 visa be issued, if the person is chosen to set up a office in USA?

Yes, one can also be given L1 visa, if he is sent to set up an office in US for his company.

In this situation the conditions to be fulfilled are:

  • The concerned company must have proofs for sufficient funds, in order to maintain a US office.
  • The company has to give the proof of the infra structure in USA, in order to run the business.

Difference between the L-1A Visa and the L-1B Visa

The L-1A Visa is for Managers and Executives. A benefit of being on an L-1A visa is the ability to apply for a Green Card (Permanent Residence), without going through the process of Labor Certification, after only one year in L-1A status. The L-1B Visa is for key employees (accountants, computer programmers, etc.).