Which work visa if not H1B or L1

[knightrider 6]

Dear Experts,

I am from India and a company in the USA that is using a technology which I co-developed has offered me a job. I need to report to them as soon as I can. I need help in determining a suitable visa for me.

If I understand correctly, no more H1Bs will be granted this year to potential employees of private companies and I cannot apply for an L1 visa as my company is not related to the company in the USA. I guess a B1/B2 visa would be the best option right now but I am not sure if that gives me a right to work.

Any insight or suggestion would be helpful.

Thank you

PS: I have a PhD and I have travelled to the USA for a conference on a B1/B2 visa.

[Hypnos 6,576]

As you indicate, you cannot work on a B visa. H-1B has already reached the cap for FY 2015 so you won't be getting one of those soon, either: http://www.uscis.gov/news/uscis-reaches-fy-2015-h-1b-cap

I don't think there is a way to do what you want to do.

You can review other work visa types here: http://travel.state.gov/content/visas/english/employment/temporary.html but none of them seem to apply to your situation.

Edited May 29, 2014 by Hypnos

[calvm 10]

Dear Experts,

I am from India and a company in the USA that is using a technology which I co-developed has offered me a job. I need to report to them as soon as I can. I need help in determining a suitable visa for me.

If I understand correctly, no more H1Bs will be granted this year to potential employees of private companies and I cannot apply for an L1 visa as my company is not related to the company in the USA. I guess a B1/B2 visa would be the best option right now but I am not sure if that gives me a right to work.

Any insight or suggestion would be helpful.

Thank you

PS: I have a PhD and I have travelled to the USA for a conference on a B1/B2 visa.

Well they can petition for O1 visa - which has a very high threshold and is always available...!! You cannot take a full time paid job on B1/B2

Edited May 29, 2014 by calvm

[Boiler 45,670]

The obvious person to speak to would be the the Company Immigration Lawyer.

[knightrider 6]

Thank you Hypos, calvm and Boiler.

As suggested I will inquire with the Immigration Lawyer.

On an afterthought, the work that I am expected to do for the American company is mostly train their employees. I was also thinking of a construction where I can continue working for my current employer (who is in Europe) i.e. draw my salary/benefits from them and stay in the USA to serve the American company (which will be thus defined as a client of my employer). Can I work on a B1/B2 visa then. I am inquiring this as I think getting the B1/B2 might be a faster option.

[Boiler 45,670]

Keep it simple, short trips to do whatever training is required, work for your other Employer when you are back home.

[RhettVoe 282]

Giving training is considered work...work is not allowed for those with a B1/B2 visa../....period, no matter what vague terms one wishes to give to the activity.

[kzielu 1,149]

Thank you Hypos, calvm and Boiler.

As suggested I will inquire with the Immigration Lawyer.

On an afterthought, the work that I am expected to do for the American company is mostly train their employees. I was also thinking of a construction where I can continue working for my current employer (who is in Europe) i.e. draw my salary/benefits from them and stay in the USA to serve the American company (which will be thus defined as a client of my employer). Can I work on a B1/B2 visa then. I am inquiring this as I think getting the B1/B2 might be a faster option.

Can't work on B1/B2 regardless of how you call it, it also has a limit period of time you will be given to stay in US. There is no visa for you until next year's H-1B batch. And as Boiler said - it is not your issue, it is company's issue that offered the job. If they just offered it without trying to take care of the visa, then they really haven't offered you anything.

[aussie_jason 195]

Some bad info being distributed in this thread... If the intent is purely to provide training on a product/service to a client and the individual is not being paid by the US company then the B1 should be fine, it is quite common for foreign companies to do just that. I've worked on several projects where we have brought over additional resources to help close a deal and to provide training, that was under the VWP but the concept is the same.

[RhettVoe 282]

I'll bet that the "trainers" conveniently forgot to mention the real purpose of their visit...and a b1 does not someone to do as they please...providing training is considered work, not hosting a "business meeting" or whatever clever phrases might be substituted...in fact, to the OP...apply for the b1 and be Truthful about what you pkan to do...see what the result is...giving training is not something that is a specialty occupation, requiring a college degree (like an h1b)...a b1 in lieu of h requires that the holder engage in similar activities.

[Boiler 45,670]

It is fair to say that certainly in the IT sector many people have confused training and work on a B , particularly prevalent with India.

[RhettVoe 282]

Training and knowledge transfer are the popular terms used to disguise the fact that a b1 visa holder will actually be doing computer programming.......wonder why the op cannot produce a power point training module.....

[jan22 3,056]

Some bad info being distributed in this thread... If the intent is purely to provide training on a product/service to a client and the individual is not being paid by the US company then the B1 should be fine, it is quite common for foreign companies to do just that. I've worked on several projects where we have brought over additional resources to help close a deal and to provide training, that was under the VWP but the concept is the same.

And -- at the risk of being offensive -- this may well be adding to the "bad info" that is being distributed in this thread. Just because you did something and weren't stopped/questioned/excluded, doesn't mean that it would be the same for the original poster as he might be doing something far different from what you did that would make it inappropriate on a B visa. There really is not enough information provided here to get a good idea as to whether it is possible on a B1 or not -- from the original way it was presented, it doesn't sound like it. (Part of the reason I say that is because it seems that he is looking at ways to re-route how he is getting paid for doing the work by having it go through his employer when it is actually seems to be an independent contract for which he would be paid -- but I'm reading between the lines, so that may not be accurate). But, none of us have sufficient information to really express a well-informed opinion.

Edited May 31, 2014 by jan22

[Hypnos 6,576]

The thread title explicitly states "work visa" and the OP says they have offered him a job, so it's a fair bet that he is intending to work, which wouldn't be permitted on a B-1.

[RhettVoe 282]

Maybe he should have asked what visa is needed for 'knowledge transfer'....