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Temporary Visas

A Selected Chapter From Immigration Made Simple,
An Easy to Read Guide to the U.S. Immigration Process
(5th Edition)

Barbara Brooks Kimmel and
Alan M. Lubiner, Immigration Attorney

January 2000

K. Fiancé or Fiancee of U.S. Citizen

This category is available to aliens who are outside the U.S. and are engaged to be married to a U.S. citizen. The petitioner and the beneficiary must have met in person within the past two years. The U.S. citizen must file the following documents with the BCIS (formerly INS):

  1. Form I-129F-Petition for Alien Fiancé
  2. Proof of U.S. citizenship of petitioner
  3. Proof of termination of prior marriages for both parties, if applicable
  4.  Evidence that the two parties have physically met within  the past two years
  5. Statements from both parties that they plan to marry within 90 days of the alien's admission to the U.S. and evidence as to this intent
  6. Two color photos of the U.S. citizen, and two of the fiancé (e) taken within 30 days
  7. Filing fee of $95.00.

The BCIS (formerly INS) will approve the petition and forward it to the U.S. Consulate where the fiancé(e) will apply for the visa, after complying with the instructions of the Consul. Once the alien is granted the K-1 visa and enters the U.S., the marriage must occur within 90 days. After the marriage, the alien can file Form I-485- Application to Register Permanent Residence with the BCIS (formerly INS) to convert from K-1 to conditional residence (See Chapter 7 for procedures on filing Form I-485). Unmarried minor children can accompany the fiancé(e) to the U.S. in "K" status.

L-1. Intracompany Transferee

L-1 visas are granted to aliens who have worked for a company abroad, as executives, managers, or in a specialized knowledge capacity, for a total of one year within the immediately preceding three years. The BCIS (formerly INS) has very strict definitions of "managerial, executive and specialized knowledge". The alien must be transferred, for a temporary assignment, to a branch office, subsidiary or affiliate company in the U.S. in an executive, managerial or specialized knowledge capacity. The employer in the U.S. must initiate a petition with the BCIS (formerly INS).

The L-1 petition consists of:

  1. Form I-129- Petition for A Nonimmigrant Worker and "L" classification supplement
  2. A letter describing the alien's current job, held for the past year abroad, and the anticipated job in the U.S. It should include details of the executive, managerial or specialized knowledge features of both positions
  3. Proof that the alien has been employed abroad by the foreign  company for at least one year 
  4. Proof that the foreign and U.S. companies are related 
  5. Filing fee of $110.00.

The BCIS (formerly INS) will issue a notice of approval to the prospective U.S. employer, usually within thirty days. The visa application process from this point forward is the same as that described for the H-1B.

The initial petition can be approved for up to three years with extensions granted in two-year increments, up to seven years in total for executives and managers. Specialized knowledge L-1 aliens are only eligible for a total of five years in this visa category. Spouses and minor children are granted L-2 visas, which are not valid for work purposes.

If the U.S. company has just started operating, the application rules are different. The BCIS (formerly INS) may ask to see more documents, the petition may only be approved for one year, and the subsequent visa will only be issued for one year. Should the employer need to renew the status of the L-1 alien at the end of the first year, the U.S. company will be required to prove to the BCIS (formerly INS) that the new operation is growing. If this proof is available, extensions of stay can also be granted, as described above.

Employers are also entitled to apply to the BCIS (formerly INS) for approval of an L-1 "blanket" petition, which eases the application process each time the employer wants to transfer an alien. In order to qualify for this program, the employer must be able to meet certain criteria. Included in these are:

  1. That the employer must have had at least ten L-1 approvals within the past twelve months or
  2. Have sales of over $25 million or
  3. Employ at least 1000 people. 
  4. Have proof of affiliation between the U.S. and foreign branches of the company and
  5. Have proof that the U.S. company has been doing business for at least a year.

The documentation that is required for L-1 blanket approval is extensive but can benefit the employer in saving time on international transfer paperwork.

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