Hacking H-1B visas

President Bush’s visit to India has come as a shot in the arm for Indians aspiring to work in America. There are hopes that the present annual cap of 65,000 for H-1B visas will now be increased. While President Bush was very positive on the need for US to continue attracting the best and the brightest from India, the decision on any change in H1B work permit numbers actually rests with Congress.

In fact, even if the H-1B cap is not increased an intra-company transferee L-1 visa, available under the Immigration and Nationality Act 1952 of USA, is an ideal alternative for companies. Many multinationals are now resorting to these visas to invite foreign employees to work in USA.

L-1 visas are not restricted by any yearly quotas. They do not require that the foreign employee should be a graduate and be paid at the prevailing market rate. L-1A visas meant for managers and executives allow holders to work for 7 years and L-1B visa holders - who are persons with specialised knowledge - are allowed to work for 5 years.

Spouses and minor unmarried children, who are entitled to receive L-2 visas, can work in USA after obtaining prior permission. When they apply for a Green Card they are first in queue. The procedure is almost same as that of receiving an H-1B visa. The main requirement is that there should be a qualifying link between foreign business entity and a USA business entity.

Want more? Read: Worried about H-1B visa? Take the L1 route

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