USCIS has changed the rules for issuing work visas for L-1 managers

The United States Citizenship and Immigration Services (USCIS) has published memorandumclarifying the requirements for L-1 visa recruitment companies.

Фото: Depositphotos

In particular, an organization applying for a visa must employ the main recipient of an L-1 visa in one of its branches in another country (not in the USA) for one continuous year from the last three years prior to the filing of the visa application.

The non-immigrant L-1 visa allows an employer in the United States to transfer a manager or manager (L-1A) or an employee with special knowledge (L-1B) from one of its foreign offices to one of its offices in the United States. This visa also allows foreign companies that do not yet have an office in the United States to send an executive director, manager, or employee with specialized knowledge to the States to create an office and organize its work.

Having received this visa, its holder can also issue visas for his or her spouse and children, and they can legally come and live in the USA.

A memo published by USCIS states:

• the recipient of the L-1 visa must be physically outside the United States for one continuous year of work for the company requesting a visa, except for short trips to the United States as a tourist or for business meetings;
• The applicant and the recipient must meet all the requirements for the issuance of this visa, including one year of employment of the visa recipient in the structure of the applicant outside the United States at the time of applying for the L-1 visa.

One year of employment at a company office outside the United States must occur within the three-year period preceding the filing date of the L-1 visa application. The calculation of this three-year period is carried out by USCIS specialists. The calculation formula is described in detail in the memorandum.

In support of the Buy American and Hire American decrees, USCIS is reviewing the terms of all employment-based immigration programs to eliminate possible fraud. The published memorandum improved the process of reviewing applications for non-immigrant L-1 visas, clarifying the principles for calculating one year of work abroad; the framework of the three-year period in which this year should fall; as well as exceptions. This memorandum will ensure consistent application of clear rules to all applications for L-1 visas.

The full text of the memorandum is available on link.

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