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L1 eligible for working through agency in qualifying year abroad?

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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.

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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.”

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@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.

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@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.”

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@Boiler, I spoke with an attorney and presented him with this question. He was not aware that this rule could be bent, since by nature L1 is an intra-company transfer visa. But he was willing to look into this.

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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.”

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