Offered a job by a French company affiliate based in the US

[LKM 1]

Hi,

I am a 32yo French citizen, currently working in France for an american company for the last 4 years. It would have been ideal for THIS company to offer me to move to the US as obtaining a L1 visa in this situation seems relatively straight forward.

"Unfortunately", it is actually a multinational European company with its Headquarters in France offering me a great job in California, they have a US-based company there created 2 years ago with ~10 employees at the moment.

They want me on the ground there ASAP and are fine with paying all expenses relatives to obtaining my VISA but are asking me to select among different paths I identified as their local HR support is really poor for the time being:

According to me, the following options are possible:

1/ L1: Being first employed by the French company in France for 1 year, travelling to the US using a Business Visa for 3 weeks every 3 months (is it acceptable?) and then applying for a L1 Visa.

2/ Sponsorship: Asking for the US-based company affiliate to sponsor a H1 Visa: what are the delays, is it actually faster than the L1 route?

3/ Creating a company with my own funds and being paid through consulting billing the US company - this seems almost unfeasible but let me know your thoughts.

4/ Any other realistic option involving even significant cash being paid by the employer to bring me on the ground in the US ASAP?

Thanks for sharing your time and experience with me, this would be much appreciated.

-J

[kris&me 572]

work visa attorneys are quite expensive

let the company decide which H visa to apply for depending on your education and special skills

just, if you accept the job, provide the essential documents to the HR at work and let them do all the work

this is the site that explains it

https://www.migrationexpert.com/work_visa/

[EM_Vandaveer 2,369]

1) does NOT work if during those 3 weeks every 3 months you'd actually work. You cannot work on B1/B2.

[Boiler 43,434]

1, You can not work in the US on a B, you can attend meetings. But you can do the same on the VWP.

2. Next April application, October start, if you win the lottery.

3. Does not get you into the US.

4. Nope

Companies employer Lawyers to deal with this and discuss options.

[LKM 1]

work visa attorneys are quite expensive

let the company decide which H visa to apply for depending on your education and special skills

just, if you accept the job, provide the essential documents to the HR at work and let them do all the work

this is the site that explains it

https://www.migrationexpert.com/work_visa/

Thanks kris&me for your answer. All lawyers fees would be covered by the employer but the US-based affiliate has ~10 employees only and this large multinational firm does NOT have US-based HR for the time being. As such they are not so knowledgable on this front and my future boss is asking me to start exploring the feasible option to assess the time it will take me to be on the ground effectively. Hence I can't really just give my papers to HR and wait

1, You can not work in the US on a B, you can attend meetings. But you can do the same on the VWP.

2. Next April application, October start, if you win the lottery.

3. Does not get you into the US.

4. Nope

Companies employer Lawyers to deal with this and discuss options.

Next October through H1B lottery is a bit faster than 13 months from now, you are right. Still, H1B Visa means that my wife would not be able to work if I am not mistaken, thus slightly less attractive.

I understand my only path is thus to force the company to pay lawyers upfront to advise on the feasibility of this job for me rather than knowing first and paying after, which is not really comfortable.

[controlla 104]

A new law was passed and it allows spouses of H1B visa holders to work. Getting an H1B visa will be difficult. There is a cap on the number of H1B visas that are issued every year. This past April, employers submitted about 238,000 H1B petitions. There is a lottery system and only 85,000 out of the 238,000 were selected to receive H1B visas. The odds are not in your favor. But you might be lucky.

With regards to L1 visas, I understand that most are now being denied.

[Merrytooth 5,748]

A new law was passed and it allows spouses of H1B visa holders to work.

NOT all H-4 dependent spouses of H-1B holders are allowed to work.

https://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence