Jump to content
dendel

L1 eligible for working through agency in qualifying year abroad?

By dendel in Work Visas

 Share

7 posts in this topic

Recommended Posts

dendel Newbie

dendel   0

Posted
Filed: Timeline
Posted

I have worked for multinational in the Netherlands for almost 5 years, until a year ago. However, I was employed via a software consultant agency. Recently, I have been offered to work in the US. Can I apply for a L-1B visa in this case? I found that USCIS is looking for the amount of control the company had over the work abroad. I can prove I was working in the Netherlands on 40 hrs/week basis for years. Can you please share your experience if you applied for an L1 visa under similar circumstances? Thanks very much.

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,381

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You do not apply, the Employer does, certainly possible, have a word see what they will do.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
dendel Newbie

dendel   0

Posted
Filed: Timeline
  • Author
Posted

@Boiler, the HR department of the company in the states did say it was not possible since I was no employee in the Netherlands. When I showed them the information on the following link

http://www.***removed***/l1-visa/l1-visa-requirements.html, where it says you don't have to be a direct employee. They said that they would be looking into to this, however it has been more than a week since I heard anything.

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,381

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

@Boiler, the HR department of the company in the states did say it was not possible since I was no employee in the Netherlands. When I showed them the information on the following link

http://www.***removed***/l1-visa/l1-visa-requirements.html, where it says you don't have to be a direct employee. They said that they would be looking into to this, however it has been more than a week since I heard anything.

Rare for HR to have much of a clue, you need to speak to the Immigration Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,381

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Devil is in the detail, just need to look up the definition of employee.

Odd that a Lawyer would not know this?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...