L1B visa for indirect employee (3rd party payroll)

[GK_86]

Hi all,

So I have been working in this Japanese company in Tokyo for over 3 years now. I was hired through a recruiting agency (they arranged for work visa and my salary comes from them) and deputed to this company. I have been offered a position in their Houston branch. Both the US branch and Tokyo HQ are okay for applying an L1B visa for the position. However, the immigration firm in US informed that it would not be possible since I am not a direct hire for the Japanese company. Technically, my roles and responsibilties are same as that of a regular employee - only my salary comes through the the agency. I am not a contractor or consultant for the company.

Can anyone share any insight on this? Has anyone ever successfully got an L1B for such a case?

Thank you.

PS : My spouse is already working in Houston under EAD, so this move is extremely important for us

Best regards,
GK

[Libra_14]

So I have been working in this Japanese company in Tokyo for over 3 years now. I was hired through a recruiting agency (they arranged for work visa and my salary comes from them) and deputed to this company. I have been offered a position in their Houston branch. Both the US branch and Tokyo HQ are okay for applying an L1B visa for the position. However, the immigration firm in US informed that it would not be possible since I am not a direct hire for the Japanese company. Technically, my roles and responsibilties are same as that of a regular employee - only my salary comes through the the agency. I am not a contractor or consultant for the company.

You are not an employee of Japanese company, rather you are employee of recruiting agency & working for "their client" - the Japanese company. If so, as per USA visa rules, you are not eligible for L1 from that Japanese company, neither can they offer you L1 visa. Better you join that Japanese company directly & wait for a year outside USA to get L1 visa from Japanese company.

PS : My spouse is already working in Houston under EAD, so this move is extremely important for us

What is your spouse visa status? Can you get dependent visa from your spouse & move to USA & then start working for Houston branch on EAD etc?

[GK_86]

You are not an employee of Japanese company, rather you are employee of recruiting agency & working for "their client" - the Japanese company. If so, as per USA visa rules, you are not eligible for L1 from that Japanese company, neither can they offer you L1 visa. Better you join that Japanese company directly & wait for a year outside USA to get L1 visa from Japanese company.

What is your spouse visa status? Can you get dependent visa from your spouse & move to USA & then start working for Houston branch on EAD etc?

Thank you for your reply. Yeah, you are correct. Spouse is still on EAD so I cannot move on dependent on start working. They have offered the option of H1B visa, so let' see how long it would take.

[Libra_14]

Thank you for your reply. Yeah, you are correct. Spouse is still on EAD so I cannot move on dependent on start working. They have offered the option of H1B visa, so let' see how long it would take.

Yes, H1B will be the best option, but then you'll have to wait for next year Mar/Apr 2023 to apply for it & Oct 2023 for approval.