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Not an attorney and only have passing knowledge, but I'm sure people will correct me if I'm wrong. An inter-company transfer visa (L-1) will only work if your c
by karamanolev 4y ago
Not an attorney and only have passing knowledge, but I'm sure people will correct me if I'm wrong. An inter-company transfer visa (L-1) will only work if your company is operating both in the US and in the foreign country, i.e. it has a subsidiary there. The workers need to work for that subsidiary in a normal labor capacity - think full time employee vs independent contractor. After 1 year passes, they can apply for an L-1. If they just work remotely, based on the arrangement that you have, it might not work.
- proberts 4y agoThat's right, an L-1 broadly requires one year of full-time employment (as an employee, not an independent contractor) abroad with an entity related to the U.S. in a managerial/executive capacity or specialized knowledge capacity. Both entities must be real and operating and the entity abroad must have employees other than the transferring employee and it must continue to operate during the L-1 employee's employment in the U.S. But L-1s are tough to get approved unless the employee is managing employees now and will manage employees in the U.S. or the employee's position is highly technical/specialized and ideally involves the application of proprietary knowledge.
- gumby 4y agoThanks! Has the H-1 situation improved since the days when Indian consulting companies "flooded the zone"?
- proberts 4y agoFrom an outcome standpoint, things have settled down and, in my experience, nearly all approvable H-1B petitions get approved. The issue is with the high number of lottery submissions so the odds of getting selected in the H-1B lottery have been really low the past few years.