Tag Archives: l1 visa

Getting A Job & US Visa Sponsorship Prospects

Immigration News, , , , , , , ,

Whether you are looking at the L1 Visa, H1B Visa, E3 Visa, Other US Work Visas or even a J1 Visa Internship program, the US is not the place it was 12 months ago.
The 2nd ever H1B Visa Lottery had just completed and the first ever lottery for the Advanced Degree Exemption portion, as well as pretty much all the non traditional sectors of the economy spending and acting as normal.

However, today, in the US with the Unemployment rate almost at 10% which last occurred 30 years ago, it is has meant many immigrants have been laid off along with their US counterparts. Therefore as it stands today the H1B visa quota still has at least 20,000 visas remaining for FY2010 and the USCIS as far as we are aware made their first ever downward revision of the current total in the last few weeks by a couple of thousand.

If you then combine all this with the recent anti-foreign worker legislation introduced in the US Congress, it all seems to mean doom and gloom both for the potential foreign immigrant worker who is currently outside the US. This is also true for those here currently either already on a US work visa in uncertain times or even the F1 Student Visa immigrants who have just completed an undergraduate degree, masters degree or PHD program in the US.

Actually it was recently reported that at this same time in 2007 just following college graduation for students around the country, 50% of new US College graduates had jobs already. In 2009, this figure is only 20% of new US College graduates have jobs right now so you can imagine how much more difficult it is for the foreign graduates at US academic institutions.

So Amid All This Doom & Gloom In The US Economy What Are My Prospects?

Well the true answer is unknown BUT you should consider these points regardless of your intention to live, work or study in the US at the current time. As amid crisis there is always opportunity and companies like Apple, Intel, Microsoft, etc. (the modern global powerhouses) all started in the midst of deep economic recessions and bleak times. The set of circumstance you are facing as a foreigner right now if you look at it with a positive and optimistic outlook are also in your favor in such a way that may not happen again for at least a generation to come.

1. The fact that at mid year, the H1B visa total is unfilled and less foreigners are looking for jobs means that there is less competition for you in your US Job search. Given that most people on an H1B visa tend to be Asian and/or highly educated and work in the newer sectors of the economy is also beneficial given the unemployment rate for these groups are far lower than the National average and have been among the most resilient parts of the US economy. Additionally many US recent undergraduates are delaying enter the workforce and doing Masters programs meaning less competition from them as well.

2. While more US residents who have been laid off from work have either considered or are definitely gone back to Universities and Colleges around the country to do Masters programs combines recent US undergraduates meaning more competition for places at US Academic Institutions. At the same time, via the Obama Stimulus package, unprecedented amounts of money are flowing into the Education sector. Combined with many US students, particular older ones with families wanting more flexibility meaning Part Time study or utilizing the growing number of very large Online Universities like the University of Phoenix, Kaplan University, Monroe, etc. means that there are still places available for willing foreigners.

3. If your intension is the J-1 visa the consider this. You will have more competition as a foreigned from US residents than in the past with less full time jobs available for them, however many US institutions at this time are turning to Internships as way to get good labor for lower cost. Usually interns don’t get benefits like Health Insurance, 401K, Paid Leave etc. so you can still negotiate some sort of living wage but this can be stepping stone for you to get a full time permanent position as you build your contacts, networks and reputation.

Look I am not saying the situation is perfect but as mention, history has taught us for thousands of years that great opportunities come out of turmoil so by being contrarian to everyone else, you could actually succeed and thus be even better placed when the Economy rebounds fully in the future. There are some early signs that the worst may be behind us as well, although we don’t want to predict prosperity just yet, but I am aware of people certainly finding it easier to get interviews and be hired than in the first few month of the year.

As Always Good Luck In Your Quest to Make Your Dreams Come True,
CJ

L-1 Visa Information & Application Process

Visa Info, , , , , , ,

The United States L1 visa is classified in the US Immigration system as a non-immigrant visa allowing companies situated in the US and overseas to transfer employees of certain types from its foreign operations to the US operations for up to seven years.

Companies operating in the US can apply to the relevant USCIS service center for an L1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.
The employee must have worked for the company office of the US company outside of the US for at least one year out of the last three years.

The 2 types of employees who are eligible for the L-1 visa;

1. Specialized Knowledge Employees
Employees with significant expertise in the company’s products or services, major systems or procedures, research and development or patentented techniques are issued an L-1B visa, initially for 3 years able to be extended to a maximum of 5 years.

2. Managers or Executives
The executive or manager  category can be strict and usually requires a detailed description of the role. The person should either have a supervisory responsibility for staff or a major demonstrated prominent rolw. The L-1A visa would be issued in this case, for a 3 year period initially and then able to be extended in two year increments up to a maximum of 7 years.

After completing the maximum period in L-1 visa status, the employee must be employed leave the US for at least a minimum of 1 year before a new application is made for the L-1 visa or even H-1B Visa status. The L-1 visa is a dual intent visa meaning you can apply for a green card while on L-1 visa status. L-1 visa applicants may not be denied a visa on the basis that they are an intending immigrant to the US or that they do not have a residence abroad which they do not intend to abandon. This is also common to the H-1B visa.

The L-1 Visa Application Process

An L-1 visa petition is filed with the USCIS on Form I-129, along with the Form I-129L supplement. These are the documents that are required to verify the application.

a)     A detailed job role description and requirements for the position for Managers. For the specialized knowledge position, detailed description of the unique knowledge to be used by the US branch company
b)     The corporate relationship between the U.S. company and the foreign company (can be a letter from the corporate secretary, and the Articles of Incorporation of US and Foreign Companies)
c)     Documentation verifying the capitalization structure of the company (i.e.. equity ownership documentation)
d)     Proof you have qorked at the foreign company for one of the last 3 years
e)     If coming to the US to setup a new office branch, evidence of establishment of new office (e.g. lease, sales contract, etc.)
f).     Annual report of both US and overseas company or other documents confirming financial stability
g).     An organizational chart indicating your role in the US company and the foreign company
h).     Copies of applicable business permits/licenses and registrations

For Canadian citizens applying for the L-1 visa under NAFTA (North American Free Trade Agreement), the petition may be filed at the port of entry like the airport or land border when the person applies for admission.

There is no restriction on the types of business that can sponsor an L1 visa – corporations(S, C, LLC etc.), partnerships, government-owned entities and non-profit organizations are all eligible. There are four business entities in the United States that can offer employment to the alien – a parent company, a branch, a subsidiary, or an affiliate.  Sponsoring employer need not be US owned or incorporated. Ownership requirements are not as strict in the case of vary large corporations, where a substantial minority shareholding will be a qualifying relationship.

Some other corporate conditions for the L-1 visa include

i.     A US company must control half or more of the foreign subsidiary, and have ultimate decision making power.
ii.   The foreign company should control at least half of a US subsidiary, and also have decision making powers over the US branch
iii.  Branch US and Overseas companies must each be at least half owned by the same parent organization
iv.   US organization that employs sales people abroad can sponsor these employees for the L-1 Visa even in the absence of an Overseas Branch

I hope this helps answer your questions about the L-1 visa and how it works and whether you may be eligible now or in the future to apply for it.

CJ