Your Foreign National Relatives do not need a “sponsor” to visit the United States. Like every other visitor, they must first obtain a Tourist Visa (B-2), and are generally limited to a 90 day visit. Citizens of the 38 countries in the VISA WAIVER PROGRAM don’t need a Visa, and can travel to the United States. However, they must first receive authorization through the Electronic System for Travel Authorization (ESTA).
Generally, you can travel out of the United States and return as an H-1B, L-1, or family member visa. You need to have a valid passport, and a valid Visa to reenter the United States. The time outside of the US will not count as part of your 6-year total allowed residency time. In addition, it’s a good idea to carry a copy of the I-797 approval form, as well as a letter from your employer, pay stubs and other documents that verify employment.
Transferring from L-1A or L-1B status to H-1B status is essentially the same as getting an H-1B for the first time. Your employer will file an H-1B Petition for you, and you will be entered into the Visa Lottery in April.
You will need to provide the same documentation and information as any other H-1B applicant. The total time period you can stay in the US on an L Visa or H-1B and L-1 Visa is 5 years. However, as an H-1B, you employer can begin the Green Card process for you which will allow you to continue working in the US until your Green Card is approved.
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- You must meet the same criteria for an H-1B as your spouse did. You must have a Bachelor’s degree or equivalent, a confirmed job offer, as well as all the support documents.
- Your petition will be entered in the April lottery, there is no special allotment for H-4 holders.
- You and your spouse can both have H-1B Visas at the same time, but only one of you can sponsor your children.
- If you receive an H-1B, usually you may not have to the leave the United States to receive your Visa. In many cases, you can travel to a US consulate in the US, or go to Mexico or Canada. Check with a qualified lawyer.
Want to Start or Staff a U.S. Office Affiliated with a Multinational Company? The L-1A Visa Can Help
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The L-1A visa enables a multinational company to transfer an executive or manager from an office overseas to an office in the United States.The office in the U.S. can be an existing part of the company’s corporate network or executives/managers can be sent to establish a U.S. branch of an existing foreign company.To be considered a “multinational company,” the company must currently be (or soon to be) doing business in the United States and at least one other country.The foreign entity and the U.S. entity must be related as either a parent company, branch, subsidiary, or affiliate.Both the foreign and domestic entities must be engaged in business matters, as mere presence of an agent or office does not count for L-1A visa purposes.
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The E2 Visa is for treaty investors. Its requirements were covered in a previous blog post. To recap: in order to be granted an E2 visa, an applicant must: (1) be a national of an E2 treaty country, (2) must make a substantial investment, and (3) develop a bona fide enterprise. For E2 visa investors in traditionally small businesses or for startup companies that are destined for growth, a common issue arises with this last requirement: demonstrating that the enterprise is bona fide.