Common Questions About US Immigration Law
Q. I work for a very large multinational company.
Recently it has been taking a very long time for the Embassy in Tokyo
and Osaka to process our E visa applications. In addition, the INS is
taking a long time to process our L petitions. A friend of mine who works
for another big company told me to look into a "blanket" petition.
What is he referring to?
A. He is referring to a Blanket L petition. The requirements
are as follows:
- the employer has a US office for at least one year,
- the US employer has a total of 3 or more components (branches,
subsidiaries or affiliates) around the world, and
- (a) the combined US annual sales is at least $25 million, or (b)
the US workforce is at least 1,000, or (c) the company has received
at least 10 L petitions approved by the INS in the last 12 months.
The blanket L petition will be approved initially for 3 years. After
3 years it can then be renewed indefinitely.
Once the company has a blanket L approved it can send managers, executives,
and specialized knowledge professionals that meet the individual L requirements
(i.e. 1- year prior employment with the company) directly to the US
Embassy without first obtaining an individual petition approved by the
INS. L visa applications are processed usually much quicker the E visa
applications at the Embassy.
Q. I have an H-1B visa stamp in my passport which is valid for
another 2 years. I recently switched employers after receiving permission
from the INS. Do I need to get a new H-1B visa stamped into my passport
or is my old visa valid for reentry to the US?
A. In a memo dated July 8, 1997 the INS indicated that in the
case of an H or L nonimmigrant visa, the visa remains valid during the
entire validity period regardless of a change in the sponsored alien's
employer.
Q. What is the new fee for naturalization applications?
A. Effective January 15, 1999 the new fee for naturalization
applications is $225. In addition, each applicant must pay an additional
$25 for INS fingerprints.
Q. I am working on an H-1B visa for Company A. What should I
do if I want to quit and work for Company B?
A. If you are fired by Company A you should request a change
of status to B-2 as soon as possible. Otherwise, continue working for
Company A until Company B receives approval from the INS to employ you.
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