L1 Visa Holder Rights

[tico79]

Hi.

I was sent by my company to work in the US with a L1 Visa.

I was instructed to deliver a deputation letter to HR, which basically states that my salary would continue to be paid in my home country, and I would received per diem, an apartment, transportation and basic services.

Another important point in the letter is that it states I will continue to be employed in my home country and therefore, I will be ruled by my home country laws.

I need to know if that is legally correct in the US. Since I am working here, it makes no sense to me that my home country laws will apply here. I am under the impression US laws apply to everyone at work.

Thanks,

[shervin143]

It doesn't absolutely no sense. L1 is for intra company transfer. That means, you have been transferred from your company operating in your home country to the same entity in U.S. So you need to be paid as per the approved LCA and you should pay tax for the same and receive a w2 by the end of the year. If you get paid in India, then there is no tax that you are paying to U.S and there will be no W2 by the end of the year. If that is the case, then what is the point in filing and getting an approved LCA at the first place? What your company is trying to do is misuse the L1 visa regulations. You have all right to file a complaint with DOL. If you take the help of a good immigration attorney, you can even sue yor company for doing this.