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English » News » Newsletter Archive » Newsletter Archive » Newsletter 11-2011 » Visa Information
Visa Information
Once again we would like to publish some questions which we receive daily from our customers. These questions are answered by our counselors of the visa department. All our counselors have a long experience with immigration law and dispose of a great knowledge in the recent visa - regulations.
Please note that the given answers cannot automatically be referred to your own situation. The answers cannot replace a personal counseling and no responsibility is taken for the correctness of this information.
Please let us know how we can assist you. We will react to your personal counseling wishes as flexible as possible.
Please click here and fill out your questions and we will get back to you as soon as possible.
YOUR QUESTION:
I have a valid L-1A Visa and for already three months I live and work in the U.S. My US-Employer is planning a merger by absorption of our parent company, consequently it will result a change of name and a shift in shares. Must my employer inform the authorities or do I have to apply for a new Visa?
OUR ANSWER:
The US-Immigration Office (USCIS) should be informed about the so called “material changes” through an “Amendment process”. Unfortunately there is not an exactly definition of “material changes”. Nevertheless one of the changes that should always be communicated is “Mergers/Acquisitions”. If it was only the name change of the US Company, it would not be necessary to communicate. One of the entry requirements for an L-Visa is the presentation of the company shares, so when there is a fusion of two companies or a purchase, etc. the USCIS must be informed. Deciding is to prove that the fundamental requirement for an L-Visa is still fulfilled. The U.S. authorities will analyse and decide about each individual case if the issue of a new Visa is necessary, in general it will be necessary.
YOUR QUESTION:
I am a retiree and I would like to give my son the opportunity to attend a high school for one year in the USA. I would like to accompany him during this time. Is that possible? If so what kind of Visa do we need?
OUR ANSWER:
Your son will need for sure an F-1 Student Visa. You can apply for the Visa here in Germany in one of the following US-Consulate Offices: Berlin, Munich or Frankfurt/Main. Beside the standard requirement like intention and reason to return to your home country and the financial proof, he will also have to fill in the Form I-20, which is a document issued by schools, universities or collages that have the permission from the US Immigration Department to accept foreign students. Please click hereand you will find a list of such schools.
For yourself you will have to apply for a B-2 Visa, also direct at an US-Consulate. In general a B-2 Visa is valid for 10 years and allows the holder a maximum stay of 180 days per entry. Please keep in mind that also for you the Visa it will only be granted if you can prove you have strong commitments to Germany therefore a reason to return and the financial proof is also very important.
YOUR QUESTIONS:
I am with my family since 01.09.2011 in Texas living with friends under the Visa Waiver Program. I was offered a job, which no one else can do it, the employer offered to bear all costs. How can I as soon as possible from here on apply for a working permit as my tourist status will expire soon?
OUR ANSWER:
Unfortunately it is not possible while being in the U.S. under the VWP to change your tourist status to a legal working status. You and your family will have to return to Germany.
As well the request for an extension of stay will not be granted. As you were offered a job, your US-Employer would have to submit for you a work permit. The type of visa will depend on your qualifications and the kind of employment you will be practicing. This will lead to different applying steps which will affect the processing time and consequently the costs.
Theoretically you could initiate the process now, anyway you will have to leave the U.S., nonetheless you are not allowed to work while under a Visa Waiver Program.
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Axel Prauser, GreenCard winner from Austria
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