February 2002 Newsletter*   (Updated October 2005)

    By James A. Bach, Esq. 

Changes in L Visa Eligibility and L-2 Work Authorization

On January 16, 2002 President Bush signed into law, Public Law (PL) 107-125.This law:

·      Reduces from 1 year to 6 months the period of time during which an L-1 employee must be employed abroad if the employer has filed a Blanket L-1 petition [Note: this was changed back to 1 year in 2004]; and

·       Provides work authorization to spouses of L-1 visa holders.

(Additional information about the L-1 visa and the Blanket L-1 are located on our FAQ section under the topic entitled “H-1B and alternatives (TN, L-1, O-1, B-1)”).

The new law amends Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) by authorizing the spouses of those in L-1 status to engage in employment in the United States.  The INS will implement this law by requiring the spouse to file a separate application for an Employment Authorization Document (EAD).

Premium Processing For Immigrant Visa Petitions (I-140)?

Recently the California Service Center of the INS announced that it intends to offer premium processing of employment-based immigrant visa petitions (I-140’s) sometime in the spring of 2002.  By paying an additional $1,000 fee, employer could shorten I-140 processing times, now 2-6 months, to less than two weeks.  For the past nine months, the Premium Processing program has worked well for employers who file H-1B and L-1 petitions.  It has also worked extremely well for the INS which has gathered in millions of dollars in additional revenue by doing what it has to do anyway, but in a shorter time frame.

We will announce on this website the actual implementation of I-140 Premium Processing when and if it becomes available.  [As of October 2005, Premium Processing is only available for nonimmigrant working visas such as H, L, O, P and TN]