|
 Nandini
Nair informs that a new law permits the spouses of L-1 visa
holders to seek employment
I am
travelling to the US on L-1 visa and my wife will be accompanying
me on L-2 dependent visa. I was under the impression that L-2 spouses
are not permitted to work in the US. But, while surfing the Internet
I came across an information that spouses on L-2 visas can seek
employment. This amendment has been published on February 28, 2002.
Is this correct?
—Prakash
Kapoor
On
January 16, 2002, President Bush signed into law a new provision
that provides employment authorisation for non-immigrant spouses
of treaty traders and treaty investors (E-1 and E-2), and intra-company
transferees (L-1). The new provision allows a spouse who is accompanying
or following to join the principal alien admitted under either E-1,
E-2 or L-1 status, “to engage in employment in the United States
and provide the spouse with an ‘employment authorised’
endorsement or other appropriate work permit.” In addition,
the provisions do not limit the scope or nature of the authorised
employment but rather it provides for ‘open market’ employment
authorisation to such spouses. What that means is that the non-immigrant
L-2 spouse can work in any capacity for any employer. There are
no similar provisions that allow for the employment of the dependent
children of the principal E or L non-immigrant. The application
can be filed at the same time as the initial filing of the L-1 application
or after the non-immigrant spouse has entered the US. The employment
authorisation will only be granted for the period of admission and/or
status of their spouses, but will not exceed two years. As of February
20, 2002, the INS is accepting applications for spousal work authorisation,
but is not adjudicating them. In other words, you may file the appropriate
application, but the INS will not begin processing it until some
yet-to-be-determined date in the near future. Spouses of L and E
visa holders may not work until their EAD has been approved by the
INS, so count on at least one month before the INS begins processing
these applications, and another two to three months to approve the
I-765. In addition, aliens can now qualify for L-1 visas after having
worked only for six months overseas, if the employer has filed a
blanket L petition and has met other requirements. Previously, a
beneficiary of an L visa had to have been employed abroad continuously
for one-year in the foreign branch, subsidiary, parent or affiliate
of the petitioning employer within three years preceding the time
of his or her application for admission into the US.
My
H1-B visa is valid till April 2003. But I came back to India in
October 2001 after staying for eight months in the US. Is my visa
still valid? If yes, for how long will it be valid because I am
planning to go back to the US in August 2002.
—Sagar
Chauhan
You
have not mentioned whether you are going back to your original employer
or a new employer who has sponsored you for an H1-B. Please remember
that you cannot go back to the US unless a company has offered you
employment, even if your visa is valid. There must be an employer
and you should enter the US for the purpose of working for that
particular employer. If a new employer has sponsored you, then you
have to wait for the approval notice and all relevant documentation
and carry it with you to show at the port of entry.
|
