29 questions relating to L-1 Visas answered by Mr. Sudhir Shah, Indian Member of Global Chain of Immigration Attorneys in the Economic Times on Sunday during the period January 1999 till April 9, 2000.
Q1. My company, with whom I am in the employment as a Manager, since last four years, has a Branch Office in US. They desire to transfer me to US for three years and have obtained L-1 visa for me. I desire that my wife and my children, three sons, eldest of whom is 23 years of age and divorced, second is 20 years and married and the third is 18 years of age and unmarried and a daughter, who is 17 years of age and a divorcee all should accompany me. My married son also desires to take his wife along with him. Is it possible?
B. N. Pande, Indore.
Ans. When you qualify for an L-1 visa, your spouse and unmarried children under the age of 21 years can get L-2 Visa to stay in USA with you without being allowed to work. L-2 visa can be obtained simply by providing proof of your spouse and unmarried children's family relationship with you. In your case, your wife, your unmarried son and divorced daughter will be entitled to L-2 visa and accompany you to US. Your son who is 23 years of age and another married son and his wife will not be granted L-2 Visa to travel with you to USA.
Q2. Can you tell me what information is needed whilst applying for visas as Intra Company Transferees?
Mr.Sunil S.Jhaveri, Calcutta.
Ans. You need to submit form No.I-129 and Form L Supplement. You are required to furnish general information about yourself and your employer, name of the company or organization in which you are working, whether you have petitioned before, information about your proposed employment and employer, your salary, description of your duties in the past three years, description of your duties in US, your education and work experience, etc.
Q3. Which is the Form that a company is required to file for obtaining blanket permission for sending its employees to its US based subsidiary company and which is the Form that is required to be submitted for obtaining a social security number?
Rajnikant R. Pillai, Chennai.
Ans. You are referring to a non-immigrant petition based on Blanket L Petition. The Form required to file is I-129S. For an application for Social Security Number the form which is required, is SS-5.
Q4. I am an under-graduate, 29 years of old and am a partner in a company with my brothers since last 6 years. One of our customers has offered to send me to USA to open their branch office (I think on L-1 visa). How are my chances?
V. S. Badlani, Ahmedabad.
Ans. No. You cannot go on an L-1 visa for a company with which you are not connected. You should have worked with that company as an officer/executive level at least for one year in last three years. Your experience in your company does not make you eligible to get L-1 visa applied for by other company.
Q5. We are in chemical business for more than 20 years. We have imported chemicals from USA to the tune of lakhs of rupees in the past five years. Can we open our office in USA? If yes, please let us know the procedure.
G. Raghavan, Chennai.
Ans. You can open a branch office in USA and apply for L-1 visa in the name of one of your partners or manager/executive working with you for at least one year. It is not possible to give the full procedure for establishing a branch office in U.S. in this column. In brief I can say that you will have to obtain permission from the Reserve Bank of India and file Petition in U.S. This takes about 6 to 8 months. After opening a branch office, you need not confirm to your business in chemicals. You can deal in any other items, either for exports or imports.
Q6. Since last about six years, I am employed as a Manager with a leading firm, who are in the Import business and have a turn over of lakhs of rupees. They are intending to start a branch office in U.S.A. They want me to go to U.S.A. to establish their branch office there and stay there for three years. I am married and have three minor children. I do not desire to leave my family in India. Will the U.S. Government allow my wife and my children to accompany me ?
R. A. Shah, Giriraj Corporation, Mumbai.
Ans. When you qualify as an "Intra Company Transferee" and consequently for a L-1 Visa, your spouse and unmarried children under the age of 21 years can travel with you by obtaining L-2 Visas. To obtain L-2 Visas, they have to simply provide proof of their family relationship with you. L-2 Visa will authorise your wife and children to accompany you to U.S. and stay with you there. However they will not be entitled to work there. Your children, if they are school going, will be allowed to study there.
Q7. What is the duration of L-1 Visa for USA? Are there any quota restrictions for these visas? What is the estimated processing time for these visas?
Neeta S. Joshi, Bangalore
Ans. The duration of L-1 (Intra Company Transferee) visa for a company that is new, is one year and for a company which is existing for more than one year it is three years. Extension of two years at a time may be allowed for a total of 7 years if the applicant is a manager or executive and a total of 5 years if the applicant is a person with specialized knowledge. There is no quota restriction for this category of visa. The estimated processing time for a petition for L-1 visa is normally 6 to 8 weeks. After the petition is approved the visas are normally issued within few weeks.
Q8. My Company has applied for visa for me under the category "Intra Company Transferees" Their petition in that behalf was accepted but the Visa Officer here has refused me visa for the same under the L-1 category. Are they justified in doing so?
A Reader.
Ans. Accepting of the Petition under the Intra-Company Transferee category in US is a different aspect and granting an L-1 visa is a different aspect. The Immigration Officer who must have assessed your visa application and interviewed you might have found that you are not having non-immigrant intention and must have therefore refused a L-1 visa which he is justified and entitled to do.
Q9. For obtaining L-1 visa for America, what documents are required to be submitted?
Ms. Jayshree D. Mehta, Bangalore.
Ans. When you apply for Intra-Company transferee who work as Managers, Executives or person with specialized knowledge visa which are known as L-1 visa for US you would need to submit the following documents:
1) Proof of your company or firm. Such as Memorandum & Articles of Association, certificate of incorporation, Deed of Partnership, Extract of the Registrar of Firm, etc.
2) Names and addresses of all the Directors, partners and brief resume of each of them.
3) Income Tax Returns and Balance sheet and Profit & Loss Account of the business for the last three years,
4) Bank statement, list of assets, etc.
5) Licenses required to carry on the business such as Shop & Establishment License,
6) Documents of properties, such as Agreement for purchase of the premises, Agreement of Lease, Agreement of Leave and License, Rent receipts, etc.
7) Documents showing the appointment of the person who is applying for L-1 visa in the form of a Resolution or an Authority Letter.
8) Documents showing that the Applicant of L-1 visa is the employee of the company.
9) Details of the business such as when started, area of operation, particulars of its customers, volume of the business, number of persons employed in the business, average income, properties held, etc.
Q10. What is a blanket L-1 Visa?
Mr. Piyus H. Kothari, Ahmedabad.
Ans. Large US Companies that are branches, subsidiaries or affiliates of non-US Companies may obtain what is known as a blanket L-1 status. Blanket L-1, status enables qualified US Companies that require frequent transferring of non-US employees to their connected US Companies to do so easily. Instead of applying individually for each transferee the Company itself gets a general approval for transferring the employees.
Q11. Some time ago in your column "Gangway" you had answered readers’ questions concerning opening a branch office in USA and thereby obtaining L-1 visa. Can two or more than the Indian Company opening branch office in US send two executives and can all of them avail of L-1 visa? Is the holder of L-1 visa allowed to take his wife and minor children along with him? If the application of such L-1 visa holder for a Green Card is approved, do his accompanying wife and minor children become eligible to obtain Green Card?
Vinod Prabhu, Bangalore.
Ans. My answer to all your above queries in short is yes.
Q12. My company which is a MNC is deputing me to USA for 3 years on L-1 visa. In USA if I get a better paying job can I work for that company? Can I convert my L-1 visa to H-1 visa?
Bharghav S. Pandit, Hyderabad.
Ans. On an L-1 visa you are prohibited from working for any other company. It is however possible for a L-1 visa holder to convert his visa to H-1 visa upon complying with the requirements for the same.
Q13. I am an exporter in garments, mainly exporting to UK. Can I open a branch office in US and can I send my manager to the said branch to be opened in US on the basis of Intra Company Transferee. Will the US consulate in Mumbai grant L-1 visa to my Manager?
Ms. D.S. Puri, Banglore.
Ans. If you are genuinely interested in doing business in US and intend to set up a branch office and send your manager there as a intra company transferee and if you meet all the requirements necessary for grant of L-1 visa, your manager should get the L-1 visa. However the fact that you are doing business with UK and instead of opening an office there are intending the open an office in US is a factor which may be considered against you. It would be advisable that you consult a competent Immigration Attorney.
Q14. Last week I read your answer to a reader's question concerning L-1 visas for USA. Will the Reserve Bank of India (RBI) permit an Indian proprietary firm to open a branch office in USA?
Mr. Premanand S. Patel, Baroda, Gujarat.
Ans. Yes. Since past few years liberal attitude is being adopted by RBI concerning foreign exchange and opening of offices abroad. Now it is possible and the RBI permits you to open a branch office abroad provided you fulfill certain norms set up by the RBI and terms and conditions which the RBI imposes and provided the entire operation is considered genuine.
Q15. Recently I saw an advertisement in a leading newspaper of an Immigration Consultant condemning situations in India and asking Indians to plan to set up extension of Indian business in USA. Again on May 7, 1999 on the first page of the Times of India, I read a news item stating "US suspects fraud in Chennai based visa applications". Therein it has been stated that the employees of multinational corporations who transfer officers to US by L-1 visa category faces the problem of fraud. Can you give me some information as to how one can plan to set up business in USA and whether one should rely upon the Consultants who condemn Indian situations and invite Indians to plan to set extension of business in USA?
Mr. Bhadresh V. Koradia, Mumbai.
Ans. If a person is employed in India as a manager, executive or a person with specialised knowledge for at least one out of past three years by a Sole Proprietary firm, partnership firm, limited company, Corporation or joint venture doing business in India and that Indian company is having a branch, subsidiary, affiliate or joint venture partner in US, he can be transferred to take a similar position to work at such establishment of the Indian company in US. He would be granted visa initially for three years with two extensions of two years at a time on the basis of intra company transfers which are designated as L-1 visa. This visas are issued quickly once the formalities are completed and the genuineness is established. It allows the visa holder to travel in and out of US or remain there continuously until the L-1 visa status expires. Accompanying relatives are also granted visas but are not allowed to work in US. Once you have been granted L-1 visa and if you eventually wish to apply for a green card through employment you will be eligible to do so. The Indian company however must remain in operation whilst you have the L-1 visa. If the Indian company has a genuine branch office in US and the person who is sought to be transferred to US is also a genuine employee and in submitting the application for L-1 visa all supporting documents are also genuine, there is no reason why L-1 visa issued to such a person should be suspected as a fraud. But if one plans to set up a business only with a view to obtain L-1 visa and subsequently to obtain Green Card perhaps such planning may be considered as fraudulent. As regards the consultant whose advertisement you have come across I cannot say anything since you have not given there name. Many consultants at times give you good practical advice. You have to ascertain the genuineness of the consultants by yourself.
Q16. What are the privileges and limitations of L-1 visas?
Mr. Govind M. Salvi, Pune.
Ans. A person who has been employed for at least one of the past three years by a company outside the US as a Manager, Executive or a person with specialized knowledge and who is transferred to take a similar position with a US employer i.e. a branch, subsidiary, affiliate or a joint venture partner of that person's foreign employer qualifies for a L-1 visa which entitles him to be transferred to US and work legally for US Company. With this visa one can travel in and out of US and remain there continuously until his L-1 status expires. L-1 visa can be issued quickly and are available for accompanying relatives also. You are however restricted to work only for the employer who acted as your L-1 visa sponsor and the said US company must be a branch, subsidiary, affiliate or joint venture partner of the company that presently employs you outside US. These visas are initially granted for three years and can be extended for two times each for a period of two years. Accompanying relatives may stay in US but are not allowed to work. An L-1 visa holder is eligible to apply for a green card through employment.
Q17. My company has transferred me to work with its subsidiary company in US and I have been granted three years L-1 visa for the same. I desire to take my aged parents with me so that during my stay in US they could stay with me and visit US as a tourist. We all three went for obtaining visas. I applied for L-1 visa and my parents applied for B-2 visas as tourist visitors. I was granted the L-1 visa but my parents were refused B-2 visas. Now what should they do?
Arti K. Shah, Mumbai.
Ans. Your parents could have applied for visas along with you as accompanying relatives. However, now since they have applied for B-2 visa and have been rejected, ask them to apply again. Ask them to take all the original documents to show that they own properties in India, have sufficient income in India, have other relatives and children in India and that their intention to visit US is purely as tourists on account of you being there and they do not have any intention of staying there permanently. Once the US Consulate is satisfied that your parents have no intention of staying permanently in US and they have sufficient ties in India to return to India, they would grant tourist visas to your parents.
Q18. I am in my late 30s, married and am having a child who is at present 4 years of age. My wife is a double graduate and is employed with a reputed advertising company. I am also a double graduate and am working with a large Indian Company since last 5 years. Since past 2 years I am enjoying the position of a Senior Executive drawing a very handsome salary and am entitled to various perks. My company who has established a branch office in America desires to depute me there as its President. They have indicated that I would get a substantial raise in my salary and would also be entitled to several allowances and perks if I agree to work for them for a minimum period of 5 years. They would obtain L-1 visa for me which would be for a period of 3 years and upon its expiry it would be extended for another 2 years. They have also stated that my wife and my child will be allowed to accompany me to US but my wife will not be permitted to work there. The said offer is tempting me but after working for 5 years in US I would not like to return to India and would prefer to stay there permanently. Is it possible?
A Reader
Ans. As an Intra Company Transferee on L-1 visa, you can work for 3 years for the US Company which is a branch of the company which employs you as a Senior Executive in India. On expiry of 3 years period of the L-1 visa, you can obtain extensions, twice, each time of two years so that your total stay in US on L-1 visa is for 7 years period. Beyond that, period of L-1 visas will not be extended. During this period you will have to remain employed with the branch of the company who is employing you here in India. You would be entitled to travel in and out of US during this period or also remain continuously in US. If you wish to apply for a Green Card through employment you will be eligible to do so. Applying for a Green Card from L-1 status has the advantage that the applicant falls under preference category called "priority workers" which is exempted from labour certification requirements. If you qualify for a Green Card through Employment your spouse and unmarried children under the age of 21 years may also get Green Cards as accompanying relatives.
Q19. I have requested my company, which is having a wholly owned subsidy company in America, to transfer me to its said subsidy company as a intra-company transferee on L-1 Visa. As I am informed that alongwith the L-1 Visa holder, his relatives also can travel to America. My son, who is 20 year of age and unmarried desires to join a college in America. I am therefore desirous of obtaining the L-1 Visa as early as possible. Can you explain me the process which is involved in obtaining the L-1 Visa ?
An Executive.
Ans. It is a two step process. The first step is filing of the Petition and the second step is filing of the Application. The Petition has to be filed by your U. S. employer company. It has to be submitted to INS Regional Service Centre in U. S. The object of the filing of the Petition is to prove that you have been employed in India for at least one of the past three years as Executive, Manager or person with specialized knowledge and that the company you worked for in India has a branch, subsidy, affiliate or joint venture partner in the U. S. and lastly to prove that the U. S. entity is in need of your service to fill a position of the same or similar level as the one you presently hold in India. Once your petition is approved, then an Application has to be made by you and your accompanying relatives, if any. Approval of Petition does not by itself give you any immigration privileges. It is only a pre-requisite step to the filing of the Application for an L-1 Visa. However, the Petition must be approved before you are eligible for filing the Application for L-1 Visa. The Application for L-1 Visa may be filed in the U. S. at a INS Office or in India with the U. S. Consulate here. If you are already in U. S. legally on some other non-immigration visa, you can qualify to apply for a L-1 status by change of status. However once you travel outside U. S. and desire to again enter U.S. you will have to go to a U.S. Consulate in India for obtaining L-1 Visa stamped on your passport. If the Petition is denied, an Appeal can be filed. It normally takes 4-6 weeks for the Petition to be approved. Visas are usually issued few weeks after the petition is approved.
Q20. We are consultants to a large company. They are having two branches in U. S. They find it inconvenient to apply for L-1 Visas, every now and then, to send their Executives to their branches in U. S. Can they apply for a blanket L-1 Visa ?
A Consultant.
Ans. An Application for L-1 Visa has to be made in U. S. by the U. S. branch office of the Indian Company. In order to be eligible to apply for a blanket L-1 Visa, the U. S. branch company should be in business for at least one year. The U. S. branch company must have a total of at least three U. S. branches, subsidiaries or affiliates and the U.S. branch company and its other U. S. related business entities should have successfully obtained L-1 Visas for at least ten employees in the past year or the U. S. branch companies and its other U. S. related businesses should have combined total annual sales of at least U. S. $ 25 Million or the U.S. branch company and its other related businesses should have combined total of at least 1000 employees working in the U.S.
Q21. Is it true that when an intra-company transferee, who is in the U. S. on a L-1 Visa applies for a green card, he is exempted from Labour Certification requirement ?
Khusi K. Sanghvi, Calcutta.
Ans. Yes. If a person qualifies for an L-1 Status as a Manager or Executive, he also falls under a green card preference category called "Priority Worker", which exempts him from Labour Certification requirement.
Q22. My company has established a branch office in America. They now are making the application for me for L-1 visa to go and work there. I am told to submit various documents of mine along with the said application. Should I submit the originals? Instead of originals, can I submit xerox copies of the documents certified as true copies by a Notary?
Anand S. Shetty, Bangalore.
Ans. Obtaining of L-1 visa for Intra Company Transferee is a two step process. The first is the filing of the Petition in US with the INS Regional Service Centre having jurisdiction over the place of business where your Indian Company has established the branch. That US branch has to file form no.I-129 and L supplement. Original should not be forwarded along with the said form. The US branch office must submit only photocopy. They should not be certified as true copies by any Notary. However it would be necessary and advisable to write or type on the back of each photocopy that the photocopy of the document submitted is the exact photocopy of the unaltered original document. The applicant may be required to submit the original documents to an Immigration or the Consular Officer at a later date. The US Branch office that is filing that application should sign the said statement and put date. If instead of photocopies, the originals are submitted, it is likely that you may have difficult time in getting them back.
Q23. I was working in India as a Manager with an export-oriented company. Last year, they opened a branch office in the U. S. and then petitioned for my Visa. They then transferred me to their U. S. branch as an Intra-Company Transferee on L-1 Visa. I am working for them in the U. S. since past seven months and have realised that I am being underpaid. Other Managers of my caliber and qualifications are almost getting double the amount of salary and perquisites than what I am receiving. I am offered jobs by other companies. Can I, on my L-1 Visa, change the job ?
A Manager.
Ans. An intra-company transferee on L-1 Visa is restricted to working only for the U. S. employer, who acted as his/her L-1 Visa Sponsor. On an L-1 Status, you cannot change jobs.
Q24. I read your article "Executive Exports" published last week. Whilst explaining the entire process in detail and in an easy to understand manner, you have not informed as to who can be said to be a "Manager". Can you explain as to who can qualify as a "Manager", when an Application for a L-1 Visa is made ?
Mr. Gunwant L. Kaku, Mumbai.
Ans. A person, who is termed as a Manager to qualify for a L-1 Visa should be a person engaged by the Indian Company to supervise other Managers or professionals. He should be an authoritative person in the Company and should have powers to employ people, transfer them, or dismiss them. Basically he would manage the business. If the business is very large and there are more than one Managers, the person to qualify as a Manager, should be at the head of the department or function and his level of employment should be senior. He should have powers to carry out the day to day operations of his department. A person supervising machine operators such as a Foreman cannot be termed as a Manager for the purposes of L-1 Visa. To qualify as a Manager, a person should be above such persons who are acting as Foremen. He should be a Manager of that Foreman or person who is supervising others.
Q25. I am working since last 8 years as a Sr. Manager in a company in India. Few months ago they opened a branch office in Houston. I was asked by them to go to Houston to do market survey and give my suggestions for establishing their business in the U. S. Accordingly I obtained Business Visa and am now in the U. S. I am informed that there is no need for me to return back to India for obtaining necessary Intra-Company Transferee - L-1 Visa and that my company's branch office can Petition for my L-1 Visa in the U. S., which is likely to be accepted within 4 weeks and thereafter I can file an Application in the U. S. itself for obtaining L-1 Visa. Is this right ? Who is eligible for the U. S. filing for L-1 Visa ?
A Manager, Houston, U. S. A.
Ans. If you are physically present in the U. S., you may apply for L-1 Status, without leaving the U. S., provided you are simultaneously filing Petitions or have already received an approved Petition for an individual L-1 Visa or you have a Certificate of Eligibility for a Blanket L-1 Visa. The further condition is that you should have entered the U. S. legally. You should have never worked in the U. S. illegally and the date on your I-94 card has not passed.
Q26. I am 23 years of age and unmarried. I have studied uptil B. Com. My father is having a factory, but I have no interest in working with my father. I want to settle down in America. I am prepared to go there as a student or as a worker and if I find a suitable girl in America, I do not mind even marrying her, so that I can stay there permanently. I however find that Immigration Act of America is very strict and it is not possible for me to go to America and settle there. Can you suggest me a way in this situation ?
Mukesh J. Desai, Baroda.
Ans. Immigration Act of America is about 3 things viz. ununited families, allowing people to go to America and work there by bringing skills and/or money and giving a diverse selection of people, the chance to immigrate. Many people do not try to immigrate to the U. S. because, they do not think they are eligible, but there are many ways of immigrating to the U. S. and it may just be a case of trying to figure out whether you fit into the picture. For eg. in your case, it may be possible that you work in your father's factory for one year as a Manager or an Executive and then your father opens his branch office in the U. S., for which your father need not be an importer or exporter and there is no requirement of any minimum amount of investment in the U. S. Your father can then transfer you on L-1 Visa to the U. S. On L-1 Visa, you can work in your father's branch office in the U. S. for seven years. The business of the branch office may not be the same, which your father is carrying out here in India. As an L-1 Visa holder, you will be in a position to apply for green card at a later date and at that time, you would also stand in a Priority List. There may be other Avenues also open for you. I would suggest that you consult an Immigration Lawyer and seek guidance in this behalf.
Q27. President Bill Clinton, during his recent visit to India, stated to the effect that 750 companies formed by Indians are in existence in the USA. I am a computer wizard and do not desire to work in the USA as some one's employee. I desire to start my own company there. Is it possible ? If yes, how ?
Ratilal Parekh, Ahmedabad.
Ans. In Silicon Valley, every 7th person is a millionaire and Asian Immigrants there win top jobs. Twenty Five per cent of Senior Technical Executives in America are from India. However if you do not desire to be any one's employee, America is a land of opportunities. If one can qualify under its Immigration Laws, it is possible to start one's own business there. If you do not qualify to migrate to US under a family category (and even if you qualify in this category but do not desire to wait for almost two decades) or if you do not have any inclination to marry a US citizen and migrate there as her spouse or if you do not desire to work there as some one's employee on an H-1B Visa, then the only option available for you to do your own business in the US is to migrate there under the Investor category. Under this category, you are required to invest one million dollars in a designated business and area, and give employment to minimum 10 US personnel for a period of five years. If you are already having an established business in India, you can start it's branch office in the US and have yourself transferred there as an intra-company transferee and the L-1 Visas. I have written about the intra-company transferee and L-1 Visa in past, in answer to several readers' questions in this column. My article "Official Routes" and "Executive Exports" giving in-depth information on this topic were published in `The Economic Times' issues dated 1st August, 1999 and 6th February, 2000.
Q28. What particulars are required to be submitted for an Indian Company, which has a branch office in the US to obtain L-1 Visa for transferring its Manager from India to his US branch office as an intra-company transferee ?
Madan Raja, Hyderabad.
Ans. For filing a petition to obtain L-1 Visa, firstly the current address of the Indian company in India and its branch office in the US will have to be provided along with the current address of the employee for whom L-1 Visa petition is filed. A complete bio-data of the employee as well as his/her accompanying family members along with the copies of their marriage and birth certificates and passports will also be required to be provided. A detailed job description of the current job held by the employee, who is to be transferred, is required to be given and a detailed job description and his position in the US branch office is also required to be given. Documents establishing the relationship between the Indian company and the US branch office, including the profit and loss account, financial reports, income-tax returns of the Indian company will have to be provided. If the Indian company has any promotional material of its, the same should also be provided. If the employee intended to be transferred has visited the US before, full particulars listing the dates on which he visited the US previously and his status there during those visits should be provided. In addition to this, particulars depending upon the nature and circumstances of each company and the employee intended to be transferred will have to be further provided.
Q29. In your article "Executive Exports", you had mentioned three categories of persons, who can be sent on an L-1 Visa as an intra-company transferee to work in the U. S. branch office of an Indian Company. One of those persons you mentioned was "a person with specialized knowledge." Can you tell me the definition of a person with specialized knowledge as per the Immigration Laws of the U. S.?
Bakul S. Patel, Baroda.
Ans. A person with a specialized knowledge includes any employee, who has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.