L1 - transfer of a foreign "employee/contractor"

[luchazo]

Hi,

I've been employed as a contractor for 10+ years already in Netherlands. Directly by the international branch (as a person, not as a company) of the US office that is offering me to join them in the US via an H1B. I'm looking for a plan B in case the H1B lottery fails for me.

I've read that the L1 requirement is that the L1 visa seeker "has been employed" by a qualifying foreign organization.
As "being employed" means different things in the world, I think I have a chance:
- I've been employed as a contractor directly to them, not via intermediaries, and also as a person with a contract (not as a company)
- for much more than the 1 in 3 years (it's been years since they've been my only "customer").

What matters the most I think is that I've been directly employed by the foreign company itself, not via intermediaries of any kind, and moreover, as a "person with a contract with them", not via a company of my own or any other company.

So, does anyone know if there are success cases of L1 visas to a foreign "manger and/or specialized worker" when there's been a contract involved instead of a "regular" employer/employee relationship?


Any tips welcome!
thanks!

[Libra_14]

Better consult an attorney, the L1 definition says you need to be "employed" for the same or subsidiary company outside USA. Being on contract, doesn't constitute employee-employer relationship.