Visa

Are you Inadmissable?

by Fred Abramson

If you have found a basis for your green card, such as you are a part of a com­pany that trades with the United States and you plan on arriv­ing to the US to work here for your com­pany, your appli­ca­tion could still be denied.  unfor­tu­nately, the USCIS is able to deny your appli­ca­tion if they decide that you are \“inadmissible.\”

Indamiss­able means that there is some­thing about  you that the gov­ern­ment believes is not desir­able. For exam­ple, if you com­mit­ted a crime, you could be denied a visa.  The USCIS main­tains a list that sums up the basis of inad­mis­abil­ity and whether there is a waiver avail­able.  A waiver is a legal excuse and it can over­come grounds of inad­miss­abil­ity.

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Are you Inadmissable?

Transferring a Intracompany Employee from Overseas to the US

by Fred Abramson

If your com­pany is look­ing to trans­fer an employee to the United States on a tem­po­rary assign­ment, an L visa may be the way to go. Here are the impor­tant pro­vi­sions for obtain­ing an L visa:

  1. The worker must have worked abroad for your com­pany for at least one year within the pre­ced­ing three years;
  2. The for­eign and the US com­pany must be part of the same \“qual­i­fy­ing organization\’;
  3. The worker must have worked in either a man­age­ment capac­ity, exec­u­tive capac­ity or have spe­cial­ized knowledge;
  4. The worker must come to the United States for a tem­po­rary period.

The L cat­e­gory has two parts: L-1 for the employee who wishes to trans­fer and L-2 for the trans­feree.  Be aware that the fam­ily mem­ber accom­pa­ny­ing the employee  can­not get employ­ment autho­riza­tion through an L-2.

Here are the pro­ce­dures for obtain­ing an L-1visa:

  1. The US employer must file a peti­tion to clas­sify the employee has a tem­po­rary worker.  The peti­tion requires evi­dence that your com­pany is a \“qual­i­fy­ing orga­ni­za­tion\” and spe­cific infor­ma­tion about the worker.
  2. Addi­tional evi­dence is needed if the worker is needed to open a new office.
  3. Be aware that there are spe­cial rules under NAFTA.
Transferring a Intracompany Employee from Overseas to the US