The L-1 visa entitles a foreign worker to work in the U.S. as a transfer employee for an international company.
L visas are processed through the USCIS and come in different classifications, which include L-2, for dependents of L-1 holders like their spouses or children under the age of 21.
Marie Thérèse Sebrechts, regional media manager of the USCIS, said before the federalization law took effect, companies with offices in the CNMI and Guam could avail of L visas for their foreign workers.
But this option is no longer available to them unless they have offices overseas.
“Prior to Nov. 28, 2009…a company with only a CNMI office and a Guam office would have been able to utilize the L nonimmigrant classification to transfer an employee from CNMI to Guam,” Sebrechts told the Variety.
But now, she added, “companies [on Guam and the CNMI] are now [considered] in the United States for immigration purposes and therefore a transfer between the CNMI company and the Guam company is no longer L-eligible unless the company still has an international office or entity, i.e., in a foreign country (outside of the CNMI and Guam). Therefore…if there is no other entity (in another foreign location) just the CNMI and Guam, L nonimmigrant status is not available to transfer between the two entities,” said Sebrechts.
She said CNMI-based employers who wish to have their foreign employees work in the commonwealth and Guam can petition for an H-1B or H-2B application indicating that the employees will work in both jurisdictions.
Sebrechts noted that USCIS adopted a policy memorandum on Dec. 14, 2010 that provides guidance on the grant of status for certain aliens seeking nonimmigrant status in the CNMI.
“The grant of status was developed to specifically address the situation in the CNMI and provide an alternative to the normal requirement that the alien depart the CNMI in order to obtain their status, allowing eligible aliens to obtain status without departing the CNMI,” said Sebrechts.
“While in most cases, an individual in the United States without a nonimmigrant status needs to leave the country in order to obtain a nonimmigrant classification, exceptions can be made for individuals in the CNMI who have CNMI permits or parole authorization. USCIS has published a policy memorandum that establishes criteria for certain individuals without status in the CNMI who may obtain a nonimmigrant classification (such as L-1) without having a prior nonimmigrant classification,” she added.
Technically, all documented foreign nationals in the CNMI have no status as they are admitted under the two-year grandfather provision of the federalization law. On Nov. 27, 2011, the umbrella permits issued by the CNMI government to nonresidents will expire.
After that date, all documented foreign workers must obtain the CNMI-only transitional worker, or CW, visa, which is valid until the end of the transition period on Dec. 31, 2014.
The CW visa classification is valid only in the CNMI and provides no basis for travel to any other part of the United States, including Guam.
