Yes. However, the individual must possess a Federal Employer Identification Number (FEIN).
L-1 Visa
What are the requirements to file an L-1 petition?
There must be a qualifying relationship between the U.S. employer and foreign parent, branch, affiliate or subsidiary. The foreign worker must have been continuously employed abroad for at least 1 year within the past three 3 years preceding the fishing of the L-1 petition The foreign worker must have been employed as a manager or… Read More
What is an L-1 petition?
An L-1 petition is filed by a U.S. employer to transfer to the United States a manager or executive or ‘specialized knowledge’ worker that is currently working abroad for a parent, branch, affiliate or subsidiary.
Can the foreign worker work at different locations for the same employer?
Yes. Assuming that the locations of employment were disclosed in both the H-1B petition and Labor Condition Application.
Can the foreign worker take a leave of absence?
Yes. Assuming that s/he continues to be employed by the U.S. employer and intends to return to work, the H-1B status will remain valid.
Can the foreign worker take a vacation?
Yes. Assuming that s/he continues to be employed by the U.S. employer and intends to return to work, the H-1B status will remain valid.
Can the foreign worker be employed by more than one employer?
The H-1B visa is particular to one employer. As such, the foreign worker must possess a separate H-1B visa for each employer that employs him or her. This means that each employer must file a separate H-1B petition with the USCIS.
Can the foreign worker change employers?
Yes. If the foreign worker is present in the United States in valid H-1B status then the foreign worker can begin employment with the ‘new’ company as soon as the H-1B petition is filed by the ‘new’ company with the USCIS (this assumes that the foreign worker’s new employment is in the same or a… Read More
What is the procedure when the foreign worker arrives in the United States?
The foreign worker must enter the United States during the validity period of the H-1B visa. Upon arrival in the United States, the foreign worker will be questioned by a Customs and Border Protection (CBP) officer who will review the H-1B visa. The CBP officer will create an Arrival/Departure Record (form I-94) that will indicate… Read More
Why should I retain an attorney?
An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as… Read More