12 Months Work Experience Criteria for L-1A Visa

[Laksh14]

Hi,
I am new here and have a question.
I am in London at the moment, deputed to work for a client.
The client is a global organisation with offices in the US as well.
The client is keen to recruit me directly and have me work from one of their US offices.
Although I have been deputed to work for this client for the last 4 years, I am not the client's employee yet although I have literally worked like one. The company who I work for invoices the client for my services and pays me my salary.
Question: Can the client not sponsor my L-1A visa on the premise that I have worked for them for the last 4 years, albeit not as their employee? Is it necessary that I must have been the client's employee for at least 12 continuous months in the last 3 years?

Thanks.

[immihelp]

It does not work like that.

You have to be their employee on THEIR payroll.

[Laksh14]

It does not work like that.

You have to be their employee on THEIR payroll.

Thank you. What made me doubtful was due to what has been provided in this website on L1 visa requirements. I quote below:

The alien can be directly employed by the qualifying organization, or paid through an agency or personal service company, or even on a freelance basis, as long as the qualifying organization had management and control over the worker during the qualifying year.

[raghvi]

Thank you. What made me doubtful was due to what has been provided in this website on L1 visa requirements. I quote below:

The alien can be directly employed by the qualifying organization, or paid through an agency or personal service company, or even on a freelance basis, as long as the qualifying organization had management and control over the worker during the qualifying year.

If your employer is not a "parent, branch, affiliate, or subsidiary" of the US organization then you wouldn't qualify. A contractual relationship (subcontracting etc.) is generally not enough to establish the necessary relationship.

This is my opinion not legal advice.

[sasvi]

Thank you. What made me doubtful was due to what has been provided in this website on L1 visa requirements. I quote below:

The alien can be directly employed by the qualifying organization, or paid through an agency or personal service company, or even on a freelance basis, as long as the qualifying organization had management and control over the worker during the qualifying year.

That basically means...you have to be in their organizational chart, you have to follow their job description, you have to prove they were the supervisors of your job on a daily basis. While it gives some interpretation, it is VERY difficult to prove that you fully meet the criteria if you are not under their payroll. After all, you still work for another company that has employment agreement with you (and controls you). Some people have an agreement directly with a company and this will be easy to prove (client will have control on their job). Your case is not black and white and getting a visa will be difficult. Actually, if they want to hire you and have offices in US, they have access to immigration lawyers that will assess your case and give all the info.

[sandy1975]

eligibility question

I was hired by an organization A in the US on TN. I was relocated back to Canada in Aug 2016 to work for the same organization A. Since then I visited 3-4 times to the US for a total of 10 days. Not the same organization was to relocate me back to the US and I'm trying to drag/delay it till I become eligible for L1.

Can some someone clarify when I become eligible for L1 to move back to the USA?

thanks

[raghvi]

I was hired by an organization A in the US on TN. I was relocated back to Canada in Aug 2016 to work for the same organization A. Since then I visited 3-4 times to the US for a total of 10 days. Not the same organization was to relocate me back to the US and I'm trying to drag/delay it till I become eligible for L1.

Can some someone clarify when I become eligible for L1 to move back to the USA?

thanks

Typically Aug 2017.

This is my opinion not legal advice and

[sandy1975]

I was hired by an organization A in the US on TN. I was relocated back to Canada in Aug 2016 to work for the same organization A. Since then I visited 3-4 times to the US for a total of 10 days. Not the same organization was to relocate me back to the US and I'm trying to drag/delay it till I become eligible for L1.

Can some someone clarify when I become eligible for L1 to move back to the USA?

thanks

what about the duration? Will I need 1 year? what if I visit in between? I have multiple visits not exceeding 2 -3 days at a time with a total of 15 days starting from Jun 2016. I moved to Canada in June 2016 but my payroll kept running till Aug 2016. Can my stay outside the US from Jun 2016 - Aug 2016 be counted towards my time outside the US for eligibility for L1.

When do you suggest that my employer submit for my L1? Or is it possible for CoS from TN workpermit to L1A?


thanks

[raghvi]

what about the duration? Will I need 1 year? what if I visit in between? I have multiple visits not exceeding 2 -3 days at a time with a total of 15 days starting from Jun 2016. I moved to Canada in June 2016 but my payroll kept running till Aug 2016. Can my stay outside the US from Jun 2016 - Aug 2016 be counted towards my time outside the US for eligibility for L1.

When do you suggest that my employer submit for my L1? Or is it possible for CoS from TN workpermit to L1A?


thanks

A few days travel to US, though best avoided, would not be an issue. Even if payroll was running between Jun-Aug you were still physically outside US. Your lawyer should be able to prove your outside stay with relevant passport stamps, entry/exit records. Yes it is possible from TN to L1A, if you qualify.

This is my opinion not legal advice.

[sandy1975]

A few days travel to US, though best avoided, would not be an issue. Even if payroll was running between Jun-Aug you were still physically outside US. Your lawyer should be able to prove your outside stay with relevant passport stamps, entry/exit records. Yes it is possible from TN to L1A, if you qualify.

This is my opinion not legal advice.

thank you. that helps..............