L1 Visa

[mmmBeer]

Hello

I have been asked if I could do a stint in NY for six months by my current client co who I have been contracted at via my Ltd. for 15 months. They are a global bank with NY offices.
After researching I understand for L1 visas that contractors via a PSC do qualify and as long as I'm there under 183 days then there is no tax issue. My contract and invoices will all remain in the uk.
I was wondering if anyone has actually done this and whether it was straightforward and they can offer any tips/advice etc?

Thanks
M.

[TheFaQQer]

According to Wikipedia, "L-1 visas are available to employees of an international company with offices in both the United States and abroad."

So if you are an employee of a company with offices in the US and the UK then you should be fine.

Looking on Immihelp might give you a good starting point - here's the link to the L1 page about qualifying organizations.

[malvolio]

Shouldn't be an issue anyway, as others have said, but surely it's up to your Client to arrange for visas if they want you to work overseas....?

[mmmBeer]

Shouldn't be an issue anyway, as others have said, but surely it's up to your Client to arrange for visas if they want you to work overseas....?

Yes I'm hoping this is certainly the case but I'm bearing in mind that 1. It's HR I'm relying upon and 2. They have likely never done for a non staff member before....so anticipate having to guide the process through to some extent


Thanks
M.

[NickNick]

According to Wikipedia, "L-1 visas are available to employees of an international company with offices in both the United States and abroad."

So if you are an employee of a company with offices in the US and the UK then you should be fine.

OP is an employee of their ltd though, which I doubt has offices in the US. Happy to be proved wrong on that though. p

[mmmBeer]

OP is an employee of their ltd though, which I doubt has offices in the US. Happy to be proved wrong on that though. p

This is true and I do not. However as far as US immigration is concerned the term 'employee' includes agency contractors and those working through PSCs.
Or at least this is what I have read on t'internet so partly my reason for being interested if anyone has actually done it and it's correct information.

Thx
M.

[TheFaQQer]

This is true and I do not. However as far as US immigration is concerned the term 'employee' includes agency contractors and those working through PSCs.
Or at least this is what I have read on t'internet so partly my reason for being interested if anyone has actually done it and it's correct information.

Thx
M.

Unless it's something absolutely out of the ordinary, I think you might struggle to show specialized knowledge, which you would need unless you are a manager or executive.

[mmmBeer]

Unless it's something absolutely out of the ordinary, I think you might struggle to show specialized knowledge, which you would need unless you are a manager or executive.

Yep - management level SME will be advising on recruitment and hand holding a new team, whether this could be done under a couple of shifts on VWP is a bit grey as it could be argued its not 'productive' work i.e pinching a locals job.

thanks
M.

[jamesbrown]

This is true and I do not. However as far as US immigration is concerned the term 'employee' includes agency contractors and those working through PSCs.
Or at least this is what I have read on t'internet so partly my reason for being interested if anyone has actually done it and it's correct information.

Thx
M.

On closer inspection, I think you'll find that you're wrong about this. An L1 visa applies to intra-company transfers of permanent employees. Unless you're an employee (and I don't mean of your own Ltd), I cannot see how you will acquire an L1 visa. As far as I'm aware, there is no route for "contracting" in the US with a visa, whether L1, H1B or anything else (by which I mean, in the way we understand contracting; of course, it's possible to acquire a visa under a temporary employment contract). If you find clear evidence or expert advice to the contrary, please post it here.

[mmmBeer]

On closer inspection, I think you'll find that you're wrong about this. An L1 visa applies to intra-company transfers of permanent employees. Unless you're an employee (and I don't mean of your own Ltd), I cannot see how you will acquire an L1 visa. As far as I'm aware, there is no route for "contracting" in the US with a visa, whether L1, H1B or anything else (by which I mean, in the way we understand contracting; of course, it's possible to acquire a visa under a temporary employment contract). If you find clear evidence or expert advice to the contrary, please post it here.

James - I have seen it stated in n older thread on this site:

Default 12 months of contracting then an L1 transfer
I've been trying to solve that problem myself recently and I was told by the friendly corporate immigration lawyers from the US that the easiest way in would be to either be employed by a US corporation for 12 months while I live in the UK (this can be a perm employment or a contract via a personal service company) then transfer on an L1 visa to the USA where I would be either employed directly by the sponsoring corporation or via the personal service company. Other than that, an O1 visa could be a solution, or if you are a highly paid speaker, even a B1 visa could let you contract as a speaker/lecturer as long as you do not exceed certain limits.

and also here:

The United States L1 Visa

but its an old article and there seems to be conflicting opinion around as the wording on the official gov sites just
says 'employee' without a more detailed definition, hence my interest if anyone has actually done it.

thanks
M.