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News: about work visas and non-immigration visas

New: work permit for spouses of L and E Visa holders

In the future, accompanying spouses of L and E Visa holders will be able to get a work permit based on their derivative status as well. The bill that had been pushed back on the agenda after the September 11 attacks for a while has recently been signed by the US President.

It remains to be seen when it will actually become effective. So far, no execution instructions are known of, it is even unclear whether the Department of Justice has already finished its monitoring process. Speculations go in the direction that the derivative visa will be sufficient. More likely, however, the process will be similar to that for spouses of J-1 Visa holders. They have to apply for a so-called Employment Authorization (J-2 EAD).

L Visa: changes for the time employed with the company

Along with these new regulations, the requirement for the time people have to have been in a managerial or executive position before they can be sent to the US on the L status have also changed. The same applies to company owners or employees who are setting up a branch or subsidiary in the US. Both groups now already qualify for the L-1 status after half a year, provided they meet the rest of the requirements for L Visas.

Additional form DS-157 for non-immigration visa applications

The new DS-157 as a an appendix to the also new DS-156 (the successor of the OF-156) has led to some confusion. There are rumors on the internet that it will now be required for non-immigration visa applications for ALL male applicants between 16 and 45. However, it is really only required for citizens of certain countries as an addition to the DS-156. The list of countries whose citizens have to submit this form has turned out to be even shorter than the original suggestions. It includes China, Cuba, Iran, Iraq, Libya, Russia, Somalia, Sudan, Vietnam. Most Islamic countries that had been suggested are not included on the list. The form includes, among others, questions about previous travel destinations, military service, education and former professional occupation.

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