Inspector's Field Manual - Gani

Inspector's Field Manual
Qualifications: Must be accompanying or following to join the K-1 parent. All nonimmigrant grounds of
inadmissibility apply.
Terms of admission: Admit K-2 for 90 days.
Notations on I-94: K-2, date 90 days from day of admission.
Special notes:
(A) General. See notes above for admission and employment authorization
(B) Petition handling procedures. In the case of a following-to-join K-2 child, lift the sealed envelope
furnished the child by the American consul, affix the medical report contained therein with the admission stamp
showing the K-2 classification and the date until admitted. Ascertain the name and address of the K-1 alien
parent to whom the child is destined, and the date on which such K-1 parent was admitted to the U.S. to the best
of the child's knowledge. Prepare a memorandum which includes this information and forward it, together
with the lifted report of the K-2 child's medical examination (and any other papers contained in the sealed
envelope) to the files control office having jurisdiction over the child's destination.
(C) Delayed arrivals. With the concurrence of the Service, the Department of State has authorized
consular officers to issue K-2 visas to the following-to-join children of a K-1 alien up to 1 year after the issuance
of the K-1 visa to the principal alien. Issuance of the K-2 visa within that period (and admission as a K-2
nonimmigrant during the validity of that visa, if otherwise admissible) is authorized, even though the K-1
principal may have already married the U.S. citizen petitioner and acquired lawful permanent residence under
section 214(d) of the Act.
(l) Intracompany Transferees.
(1) Classification: L-1 Includes aliens entering to render services to a branch, parent, subsidiary, or
affiliate of the company of previous employment outside the United States.
Documents required: Passport valid for 6 months at time of entry unless exempt. Nonimmigrant visa (L-l)
unless exempt. Must have evidence of approved I-129 petition in the form of a notation on the nonimmigrant
visa indicating the petition number and employer's name, or a Notice of Action, Form I-797, indicating approval,
unless the applicant is a Canadian citizen. In that case, the alien may file the I-129 at a Canadian pre-flight
station or Canadian land border port-of-entry at the time he or she applies for admission. If arriving at an
airport without having been inspected preflight, a Canadian applicant must have evidence of petition approval,
Form I-797.
Qualifications: Must be in a managerial, executive, or specialized knowledge capacity but may be transferred
from any one of the capacities to another (e.g. from management to executive). All nonimmigrant grounds of
inadmissibility apply. Must have worked for the company (branch, parent, subsidiary, or affiliate) outside the
U.S. for at least 1 continuous year within the preceding 3 years [See 8 CFR 214.2(l) and 22 CFR 41.54.].
Terms of admission: Admit L-1 for validity of petition (up to 3 years initially).
Notations on I-94: Front: L-1, (date to which admitted). Reverse: Petition number and occupation from list in
Adjudicator's Field Manual Appendix 31-1.
Special notes:
(A) Dependents. Admit the spouse and children as L-2.
(B) Petition limitations. Petition may be approved for up to 3 years, except start-up companies which
are limited initially to 1 year. Expiration date of visa will usually be the same as the validity of the petition.
The maximum stay in the U.S. for an L-1 specialized knowledge employee is 5 years. The maximum stay in the
U.S. for an L-1, executive or manager is 7 years.
(C) Blanket petitions. Some L aliens may be admitted on "blanket" petitions, i.e. petitions approved for