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US Citizenship and Immigration Services issued a memorandum to clarify L-1 category visas, often used by Indian technology service companies for intra-corporate transfers.
The memorandum clarified that a qualified organization "employs a major L-1 recipient abroad for a continuous year over the three years preceding the filing of the petition".
The memorandum further stated that the L-1 beneficiary was to be physically outside the United States during the required continuous single year of employment, except for brief business trips. or pleasure in the United States.
L-1 visas are issued for intra-company transfers. For example, when an Infosys officer leaves India to settle in the company's offices in the United States, he has an L-1 visa. But if the same manager goes to the United States to work at the customer's home, an H-1 visa will be issued.
The petitioner must also meet all these requirements when filing a petition, the USCIS added.
The Indian computer industry has long been waiting for the use of L-1 visas to be clearer.
The fate of L-1 visas is uncertain due to higher rejection rates, higher visa fees and fewer visas.
The United States Government reviews all immigration and visa programs as part of its Buy American Hire American program, by submitting applications for further examination.
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