Originally posted by mmmBeer
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Reply to: L1 Visa
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Previously on "L1 Visa"
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Originally posted by TheFaQQer View PostYou'll need to be careful with taking regular trips that you don't get flagged as someone who is working in the US illegally. There is a big difference between the limited things that you can do on a business visa under the visa waiver programme and what you would need a working visa for.
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Originally posted by mmmBeer View PostThanks Sal - that's what I'm doing however I'm pretty sure they will say break it into several shorter trips therefore no visa needed. HR will always go with the easier option.
Thanks
M.
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Originally posted by mmmBeer View PostThanks Sal - that's what I'm doing however I'm pretty sure they will say break it into several shorter trips therefore no visa needed. HR will always go with the easier option.
Thanks
M.
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Originally posted by sal View PostYour best bet is to seek feedback from the ClientCo HR/Legal department, it should be their job to arrange your Visa if they want you to work for them in US.
Thanks
M.
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Your best bet is to seek feedback from the ClientCo HR/Legal department, it should be their job to arrange your Visa if they want you to work for them in US.
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Having had a quick search around, the advice seems to be that if you want an L1 visa, you would have to have been an employee for a year. If the relationship between the client and a contractor is one of being a disguised employment, then you might be able to get a decent lawyer to argue this point for you - that you really were an employee, but you were working via an artificial arrangement.
Which would throw any IR35 defence somewhat.
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Originally posted by stek View PostDon't you need to employed for a year 12 months with the business before being able to transfer under an L-1?
However seeing as it seems nobody on here has done it or knows of anyone who has done it would indicate its wishful thinking rather than fact.
Thanks
M.
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Don't you need to employed for a year 12 months with the business before being able to transfer under an L-1?
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Originally posted by mmmBeer View PostJames - 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.
FWIW, that website you linked looks highly suspect to me, certainly not an official source.
Also, what makes you think you would qualify for an O visa: are you an internationally renowned (think, Nobel Prize) expert in your field? In terms of the visa waiver or the B visa, you cannot do any type of "productive" work or work that is paid for by a US source, so that is also a no-go. The B1, as with the VWP, allows for certain, non-productive, business activities, such as lecturing or presenting materials or attending meetings, providing you are not being paid by a US source. You need some proper professional advice, and I'd suggest that you ditch whatever "corporate immigration lawyers" you've been speaking to if they were suggesting things like personal service companies, O and B1 visas etc. Utter toss IMHO.
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Originally posted by jamesbrown View PostOn 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.
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.
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Originally posted by mmmBeer View PostThis 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.
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Originally posted by TheFaQQer View PostUnless 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.
thanks
M.
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Originally posted by mmmBeer View PostThis 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.
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Originally posted by NickNick View PostOP is an employee of their ltd though, which I doubt has offices in the US. Happy to be proved wrong on that though. p
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.
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