The H-1 visa category is used by U.S. employers for the temporary employment of foreign nationals in professional positions requiring specific educational and professional credentials. The foreign national must possess the minimum requirements for performance of the duties of the position and the position itself must qualify as a “specialty occupation,” i.e., one that minimally requires possession of a four-year university degree or equivalent. Furthermore, the employer must be able to demonstrate that alien’s salary can be paid as of the year of filing with DOL (i.e., business tax return, financial statement, business bank statements).

The initial period of stay granted to the alien admitted to the U.S. is governed by the time required by the employer, up to a maximum of three years. Extensions of stay may be obtained, but the alien cannot be continuously employed in H-1 status for more than six years.

The United States L-1 visa is a non-immigrant visa that allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your U.S. company outside of the U.S. for at least one year out the last three years.

The following is a listing of documentation/information required by to commence the preparation and filing of an I-129L Petition for Nonimmigrant Worker (Corporate Transferee Visa).

Alien’s personal documents including:

• Completed Personal Analysis Questionnaire.
• Copies of passport and I-94.
• Copies of academic credentials, i.e., diploma, degrees, transcripts and if necessary, educational equivalency evaluation (with certified translations if applicable).
• Copies of marriage certificate and birth certificates of spouse or children and advice on if we are to include family members (there will be an additional fee for inclusion of family members) (with certified translations if applicable).
• Copy of alien’s resume, which must include the details of his/her professional experience for the past five years.

Employer documents including:

• Completed Employer Questionnaire.
• Job title and five to seven sentence job description, highlighting key names and duties, monetary value of major projects or clients, salary, location where work will be performed (worksite).
• Contact person name, address, telephone, and fax numbers.
• Documentation of the Parent/Subsidiary Relationship between U.S. Company and Parent/Affiliate abroad.
• Articles of incorporation, partnership agreements, or other forms of business organization for the U.S. affiliate
• Two (2) Organizational Charts reflecting the following:

1. Applicant’s position in the company prior to proposed transfer (insert the titles of both supervisors and individuals/departments supervised).
2. Applicant’s proposed position after the transfer (insert the titles of both supervisors and individuals/departments supervised).