B1 to L1 Visa
May 3rd 2005, 7:10 am
#1
Guest
Posts: n/a
B1 to L1 Visa
Hi, I am a 23 year old New Zealander currently here in the US on a B1
Visa. I am here volunteering/training under a US non-profit....
returning to NZ when my I-94 runs out.... I have been doing this back
and fowards routine for around three years now and have just been
offered a position on the board of directors. I therefore would need
to be present in the US as a permanant resdent in order to fufill my
duties as a member of the board. I have been told that the best
approach would be a L1-A/B visa, but all the information I have read
for L1 Visas is in relation to companies and not non-profit
organisations. Because this is a non-profit I would not be receiving a
salary but would be compensated for all living costs/travel/health etc.
while present in the United States...I am very confused about this and
if anyone could please give me some clarity on my situation that would
be much appreciated.
Sincerely
Windfire
Visa. I am here volunteering/training under a US non-profit....
returning to NZ when my I-94 runs out.... I have been doing this back
and fowards routine for around three years now and have just been
offered a position on the board of directors. I therefore would need
to be present in the US as a permanant resdent in order to fufill my
duties as a member of the board. I have been told that the best
approach would be a L1-A/B visa, but all the information I have read
for L1 Visas is in relation to companies and not non-profit
organisations. Because this is a non-profit I would not be receiving a
salary but would be compensated for all living costs/travel/health etc.
while present in the United States...I am very confused about this and
if anyone could please give me some clarity on my situation that would
be much appreciated.
Sincerely
Windfire
May 3rd 2005, 1:20 pm
#2
Guest
Posts: n/a
Re: B1 to L1 Visa
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windfire wrote:
| Hi, I am a 23 year old New Zealander currently here in the US on a B1
| Visa. I am here volunteering/training under a US non-profit....
| returning to NZ when my I-94 runs out.... I have been doing this back
| and fowards routine for around three years now
U-oh. B-1s are just for short occasional visits, not for staying in the
USA for long periods of time, and then going back to NZ and returning to
the USA.
| and have just been
| offered a position on the board of directors. I therefore would need
| to be present in the US as a permanant resdent in order to fufill my
| duties as a member of the board. I have been told that the best
| approach would be a L1-A/B visa, but all the information I have read
| for L1 Visas is in relation to companies and not non-profit
| organisations.
Anything about companies applies to non-profits just as well. Primarily,
they would have to show that they can continue paying you at the
prevailing wage (actually, that applies only to the Green Card, but an
L-1 is only a short-term bridge until they can get you a Green Card, as
an L-1 is limited to five or seven years).
| Because this is a non-profit I would not be receiving a
| salary but would be compensated for all living costs/travel/health etc.
| while present in the United States...
For an L-1, that might be legal as there (currently) is no requirement
for any specific salary. Do be aware of labor laws, by labor law, they
may need to pay you a minimum wage (unless this is a volunteer position
that Americans would also volunteer for - but then, it wouldn't qualify
for an L-1 or for a Green Card).
For a Green Card, they *must* pay you a salary at the prevailing wage
(basically, the salary that Americans would receive for working in a
comparable job). It would be OK to count some of the benefits towards
your salary, for instance free housing. Health insurance is a benefit
that is expected from near every employer, so they could not likely
count that. And travel expenses should probably be business expenses
anyway, not part of your salary, unless they also pay for your personal
vacations.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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Hash: SHA1
windfire wrote:
| Hi, I am a 23 year old New Zealander currently here in the US on a B1
| Visa. I am here volunteering/training under a US non-profit....
| returning to NZ when my I-94 runs out.... I have been doing this back
| and fowards routine for around three years now
U-oh. B-1s are just for short occasional visits, not for staying in the
USA for long periods of time, and then going back to NZ and returning to
the USA.
| and have just been
| offered a position on the board of directors. I therefore would need
| to be present in the US as a permanant resdent in order to fufill my
| duties as a member of the board. I have been told that the best
| approach would be a L1-A/B visa, but all the information I have read
| for L1 Visas is in relation to companies and not non-profit
| organisations.
Anything about companies applies to non-profits just as well. Primarily,
they would have to show that they can continue paying you at the
prevailing wage (actually, that applies only to the Green Card, but an
L-1 is only a short-term bridge until they can get you a Green Card, as
an L-1 is limited to five or seven years).
| Because this is a non-profit I would not be receiving a
| salary but would be compensated for all living costs/travel/health etc.
| while present in the United States...
For an L-1, that might be legal as there (currently) is no requirement
for any specific salary. Do be aware of labor laws, by labor law, they
may need to pay you a minimum wage (unless this is a volunteer position
that Americans would also volunteer for - but then, it wouldn't qualify
for an L-1 or for a Green Card).
For a Green Card, they *must* pay you a salary at the prevailing wage
(basically, the salary that Americans would receive for working in a
comparable job). It would be OK to count some of the benefits towards
your salary, for instance free housing. Health insurance is a benefit
that is expected from near every employer, so they could not likely
count that. And travel expenses should probably be business expenses
anyway, not part of your salary, unless they also pay for your personal
vacations.
- --
Remember, I am strictly a layperson without any legal training. I
encourage everybody to seek competent legal counsel rather than
relying on usenet newsgroups.
Please visit my new FAQ at http://www.kkeane.com (always under
construction)
My email address in usenet posts is now invalid for Spam protection.
See my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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