7/7/2004
The
U.S. Department of State (DOS) recent reminded consular officers of the criteria for issuance of an L-1 visa. The
reminder was prompted by several factors that recently have brought L-1 visas into the spotlight. The Cable was prompted in large part by
the fact that the H1B cap of 65,000, and by the fact that companies may look
into L-1
visas in lieu of H1Bs.
The
DOS specifically referenced an article that appeared in a major foreign newspaper suggesting that an L-1 visa could be sought instead of an H1B. DOS considered this Cable necessary because of increased Congressional and media scrutiny of L-1 visas, and to deter efforts to inappropriately use the L-1 program.
Consulates
issued 57,245 L-1 visas in fiscal year 2003. Of that number, 18,124 were approved for Indian nationals. The DOS is of the opinion, therefore, that Indian posts should pay particular attention to the Cable. The UK follows India in the number of L-1s approved. Other countries with high levels of L-1 visa issuance were Japan, Germany, Mexico, France, Brazil, Australia, Venezuela, and China.
The
DOS reminds the consulates that the employer/employee relationship is defined in the Foreign Affairs Manual
(FAM) and has specific requirements beyond mere payment of salary. Any other relationship does not meet these criteria and does not qualify for the L-1 visa. The second area is specialized knowledge. Those seeking to enter the United States on L1Bs must have specialized, company-specific knowledge regarding the sponsoring employer.
The
Cable explains that an applicant who will be working for a third-party, nonaffiliated company in the U.S. should only do so to work with the petitioner's specialized product or service. Work with a third-party client of
the sponsor utilizing the nonaffiliated company's product or services, or a generic or commonly used product, would not qualify.
© Green Card Apply Service