Company D first
contacted VisaPro
in late 2004 about
how to bring their
employees to the
US for training
and work. The
company has its
headquarters in
the US, and a
development office
overseas. For
the past couple
of years the company
had been a member
of the BEP
program and
had been sending
their personnel
to the US using
B-1
(business visitor)
visas. In the
fall of 2004 the
company was notified
by the US consulate
where they did
most of their
visa processing
that the consulate
was going to audit
their use of the
BEP program and
B-1 visas to be
sure that they
were making proper
use of it.
Being just a bit
worried about
what an audit
would mean, Company
D came to VisaPro
for advice. After
reviewing their
company structure,
immigration needs,
and their current
practices, it
was our opinion
that Company D
was making proper
use of the B-1
visa program.
At their request
we sent a letter
to the consulate
which laid out
our findings and
conclusions. The
consulates audit
agreed with our
conclusions and
Company Ds BEP
standing was not
affected. However,
that is just the
beginning of our
involvement with
Company D.
As part of our
review of their
current practices
the Human Resources
Director asked
us to provide
them with additional
strategies for
moving personnel
between the overseas
development office
and US headquarters.
Based on the parent-subsidiary
structure of the
companies, and
the proposed use
of foreign personnel
in the US, especially
in light of the
limited number
of H-1B
visas available,
we advised Company
D that they should
consider using
the L-1
visa for intra-company
transferees.
After reviewing
the qualifications
of the personnel
that Company
D wanted to
bring to the
US in the spring
of 2005 we selected
the best four,
prepared and
submitted L-1
petitions for
them. All four
were approved
in short order,
and the consulate
issued the visas.
Throughout 2005
we submitted
several more
L-1 petitions
(both for executives/managers
and specialized
knowledge personnel),
all of which
were approved.
Once the first
10 L-1 petitions
had been approved
for Company D
we prepared and
submitted an L-1
Blanket petition
on their behalf.
The Blanket petition
was approved and
Company D began
filing manager
and specialized
knowledge professional
L-1 petitions
directly with
the consulate.
This cut the processing
times considerably
for those employees
that qualified
for blanket treatment.
Company D does
much of their
in-house training
on proprietary
products at their
headquarters in
the US so our
next step
was to establish
a formal training
program for them
with USCIS. This
allows them to
bring individuals
for their various
training programs,
usually lasting
9-12 months each,
using the H-3
training visa.
By putting the
H-3 program in
place Company
D no longer had
to rely on the
B-1 business visitor
visa, and the
potential that
a consular officer
would think the
proposed stay
in the US was
for too long of
a period, for
those employees
being sent to
the US for the
longer training
periods.
Company D now
has three clear
options for
personnel coming
to the US, without
having to worry
about the availability
of H-1B visas:
- L-1 intra-company
transferee
visa for executives,
managers,
and specialized
knowledge
personnel
(available
for up to
5 or 7 years);
- H-3 training
visa (good
for up to
24 months
in the training
program);
and
- B-1 business
visitor for
short term
assignments
(usually lasting
less than
6 months).
It takes time
to understand
the business and
develop successful
immigration strategies,
but the added
effort produces
solid results.
Company D received
approvals for
every one of the
50 personnel whose
application was
filed by VisaPro
under L-1, L Blanket
and H-3 visas
2 year period – what more could
any Company ask from their immigration attorney?
Our attorneys
have the experience
to review and
analyze different
scenarios and
formulate strategies
for success. Contact
VisaPro to
review your situation
and discuss your
options. |
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