Work visa without a degree?

[omgbbq 0]

Hello

I currently live in the UK and have been working remotely for a startup in NYC as a contractor for 4 years (2 years full time). They now have a need to bring the role 'in-house' and want to employ me to do this (since I've been doing it for 4 years) at a managerial level. I don't hold a degree though, so am I right in thinking I don't stand a chance in qualifying for a visa?

Thanks in advance

[A'n'L 735]

So I guess they are willing to sponsor you for the visa? They need to justify that no USC could fill the role. It will be difficult, but depends on the uniqueness of your experience.

[omgbbq 0]

So I guess they are willing to sponsor you for the visa? They need to justify that no USC could fill the role. It will be difficult, but depends on the uniqueness of your experience.

Hi A'n'L, thanks for replying. Yes they are willing to sponsor me (from what they've said so far, we're still in early talks). My role is pretty unique, and I came up with and implemented a lot of the processes, so nobody else has the experience. So maybe there is some hope?

[Boiler 45,907]

Sounds like you may be classified as a functional employee and a L would be possible.

Some work visas require an employer to show that they can not employ locally, others do not, including L.

Something their Immigration Lawyer would sort out.

[aaron2020 11,651]

The startup needs to contact their immigration lawyer.

[omgbbq 0]

Thanks for the advice guys!

[Boiler 45,907]

no problem

[jan22 3,056]

Sounds like you may be classified as a functional employee and a L would be possible.

Some work visas require an employer to show that they can not employ locally, others do not, including L.

Something their Immigration Lawyer would sort out.

If he was paid as a contractor and not as a company employee, an L visa would not be possible. Only employees of the company can qualify for an intra-company transfer visa, which is what the L visa is.

[Boiler 45,907]

If he was paid as a contractor and not as a company employee, an L visa would not be possible. Only employees of the company can qualify for an intra-company transfer visa, which is what the L visa is.

If it was his sole client then it is possible.

[jan22 3,056]

If it was his sole client then it is possible.

Doesn't natter how many clients he had. What is controlling is how he is paid. If he is not on the company's payroll as an employee, he cannot qualify for an L visa. (https://www.uscis.gov/eir/visa-guide/l-1-intracompany-transferee/l-1-visa and https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager) Edited April 26, 2016 by jan22

[Boiler 45,907]

Doesn't natter how many clients he had. What is controlling is how he is paid. If he is not on the company's payroll as an employee, he cannot qualify for an L visa. (https://www.uscis.gov/eir/visa-guide/l-1-intracompany-transferee/l-1-visa)

https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.