Business Visas

H1-B VISA

H-1B visa status may be granted on application to USCIS (the former INS) to temporary employees who have attained at least a Bachelors degree or its equivalent, who are to perform services in a specialty occupation (one that requires the theoretical and practical application of a body of highly specialized knowledge). The position offered must be professional. The attainment of a Bachelors or higher degree or its equivalent must be a minimum requirement for entry in the occupation in the United States. A person can be determined to have the equivalent of a degree based on job experience in the same area as the offered position. This can be established by obtaining an education evaluation. H-1B visa status is granted in increments of a maximum of three (3) years. A person can hold H-1B status for a total of six (6) years.

The following is a list of some important facts about H-1B visa status:

  • The H-1B classification is employer specific, meaning the work authorization is limited to work for the petitioning employer.
  • If an employee wants to change employers, the prospective employer must file a new H-1B application with USCIS.
  • If an employee wishes to work for multiple employers at the same time, he or she must have an approval for each employer
  • H-1B employment is location specific. If there is any change in the employee's job location, an amended application should be filed with USCIS.
  • If an H-1B employee is terminated, the employer is required to pay the individuals return transportation costs if s/he is terminated prior to the employees H-1B expiration date.
  • An H-1B employee is entitled to have dual intent, which means he or she is able to maintain the H-1 status as a temporary worker while at the same time applying for permanent residence, sometimes known filing for a "Green Card".
  • The spouse and unmarried children under twenty-one (21) of a person in H-1B status are entitled to apply to enter the United States as derivatives of the primary employee, in H-4 classification. Although s/he can reside in the United States, a person in H-4 status cannot work while in the United States.

New Jersey based Dornbaum & Peregoy's immigration lawyers are experienced in preparing H1-B visa applications.

If you or someone you know needs the assistance of an experienced immigration lawyer for an employment and family based immigration visa then contact New Jersey based Dornbaum & Peregoy to schedule a consultation with an experienced immigration lawyer. The firm can be reached at 1.866.745.6194 or via the convenient contact form in the left column above.

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L1-A VISAS for INTRACOMPANY TRANSFEREES

EXECUTIVES AND MANAGERS

L-1A status may be granted on application to USCIS (the former INS to an individual who has been employed outside the United States as a manager or executive for one (1) year within the three (3) years before s/he entered the United States who will be employed in the United States by the parent, branch, affiliate, or subsidiary of the foreign employer. A person who has been employed in a managerial capacity is a person who manages a department, subdivision or function of the company. A manager generally acts as a supervisor to other employees and often has the ability to hire and fire employees as well as make decisions regarding promotions. Finally, a manager is a person who has discretion over the day-to- day activities.

A person who might control, manage or make decisions about an essential function of a business might under certain circumstances also be classified as a functional manager.

An executive is someone who directs the management of the organization or a major component of the organization. Further, this person establishes the goals and policies of the organization and has wide latitude regarding decision making for the company. Generally, an executive only answers to higher-level executives, directors, or stockholders of the organization. L-1A status is initially granted for a maximum of three (3) years. This status can be extended in increments of a maximum of two (2) years. An employee can spend a total of seven (7) years in the United States in L-1A status.

The spouse and unmarried children (under twenty-one (21)) of an L-1 employee are entitled to apply for L-2 status as derivatives of the primary employee. The L-2 spouse of this employee (but not his/her children) is also eligible to apply for work authorization (an EAD card) after arriving in the United States. An L-1 employee is entitled to have dual intent, which means he or she is able to maintain the L-1 status as a temporary worker while at the same time pursuing permanent residence, otherwise known as applying for a Green Card.

New Jersey based Dornbaum & Peregoy's immigration lawyers are experienced in preparing L1-A visa applications.

If you or someone you know needs the assistance of an experienced immigration lawyer for an employment and family based immigration visa then contact New Jersey based Dornbaum & Peregoy to schedule a consultation with an experienced immigration lawyer. The firm can be reached at 1.866.745.6194 or via the convenient contact form in the left column above.

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L1-B VISAS for INTRACOMPANY TRANSFEREES

SPECIALIZED KNOWLEDGE

L-1B visa status may be granted on application to USCIS (the former INS to an individual who has been employed outside the United States for one (1) year within the past three (3) years before s/he entered the United States and who has specialized knowledge of the employers product or its application in international markets or an advanced level of knowledge of the processes and procedures of the company who will be employed in the United States by the parent, branch, affiliate, or subsidiary of the foreign employer. L-1B visa status is initially granted for a maximum of three (3) years and can be subsequently extended once, for another two (2) years, for a total of five (5) years.

The spouse and unmarried children under twenty-one (21) of an L-1 visa employee are entitled to apply for L-2 visa status as derivatives of the primary employee. The spouse of this employee (but not his/her children) is also eligible to apply for work authorization after arriving in the United States.

An L-1 visa employee is entitled to have dual intent, which means he or she is able to maintain the L-1 visa status as a temporary worker while at the same time pursuing permanent residence, otherwise known as applying for a Green Card.

New Jersey based Dornbaum & Peregoy's immigration lawyers are experienced in preparing L1-B visa applications.

If you or someone you know needs the assistance of an experienced immigration lawyer for an employment and family based immigration visa then contact New Jersey based Dornbaum & Peregoy to schedule a consultation with an experienced immigration lawyer. The firm can be reached at 1.866.745.6194 or via the convenient contact form in the left column above.

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Note: We do not handle asylum, deportation & detention matters.

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