US job offer but visa problems

[lf282 0]

Hi there. I would really appreciate ANY advice on this situation because it's causing a great deal of stress in my relationship!

I'm going to try and spell out the whole situation in a very "factual" way - apologies if I sound like a robot.

I'm a professional UK female citizen. I have BA in Mathematics and MA in Actuarial Science. I have had a successful career with several major multinational financial companies. I finished the "graduate scheme" at one of the Big Five accountancy firms (let's called it Company X) and left the company about four years ago. I've worked at other companies since.

I now *really* want to move to the USA because my long-term (non-married) partner has taken up an F1 visa to study at a Masters program under a very generous full scholarship. He has been gone just over one month, and we miss each other dearly. I was expecting to be able to move over there somehow...

However, I really want to work if I move to the USA. Therefore, I have been exploring employment opportunities and have actually been offered a job back at Company X (with my old team) who are willing to send me out to the USA.

Unfortunately, it seems that I'm not eligible for the standard L1 work transfer visa because I haven't worked for Company X for "one calendar year in the last three calendar years". This sucks, because I've worked for them for 5 years in the past (until four years ago).

I have a great relationship with Company X who seem really supportive in trying to get some solution here. However, the HR department don't seem very hopeful.

Is there any way I can get a work visa to move in this scenario?

I do NOT want to gain permanent US residency and would be planning to move back to the UK in 1-2 years.

I would be so appreciative of any help you can offer.

Edited August 8, 2016 by lf282

[IcezMan_IcezLady 582]

Hi there. I would really appreciate ANY advice on this situation because it's causing a great deal of stress in my relationship!

I'm going to try and spell out the whole situation in a very "factual" way - apologies if I sound like a robot.

I'm a professional UK female citizen. I have BA in Mathematics and MA in Actuarial Science. I have had a successful career with several major multinational financial companies. I finished the "graduate scheme" at one of the Big Five accountancy firms (let's called it Company X) and left the company about four years ago. I've worked at other companies since.

I now *really* want to move to the USA because my long-term (non-married) partner has taken up an F1 visa to study at a Masters program under a very generous full scholarship. He has been gone just over one month, and we miss each other dearly. I was expecting to be able to move over there somehow...

However, I really want to work if I move to the USA. Therefore, I have been exploring employment opportunities and have actually been offered a job back at Company X (with my old team) who are willing to send me out to the USA.

Unfortunately, it seems that I'm not eligible for the standard L1 work transfer visa because I haven't worked for Company X for "one calendar year in the last three calendar years". This sucks, because I've worked for them for 5 years in the past (until four years ago).

I have a great relationship with Company X who seem really supportive in trying to get some solution here. However, the HR department don't seem very hopeful.

Is there any way I can get a work visa to move in this scenario?

I do NOT want to gain permanent US residency and would be planning to move back to the UK in 1-2 years.

I would be so appreciative of any help you can offer.

The "one calendar year" of employment is company X's policy and if there's no way around it, then you can look into another company.

But this doesn't seem like it is going to happen quickly.

You have two options: 1. Use F-2 and not work or 2. Find another company that can apply for L-1 for you.

[lf282 0]

The "one calendar year" of employment is company X's policy and if there's no way around it, then you can look into another company.

But this doesn't seem like it is going to happen quickly.

You have two options: 1. Use F-2 and not work or 2. Find another company that can apply for L-1 for you.

the "one calendar year" thing is lifted from the US visa instructions - it's a US thing, not a company-specific thing

HOWEVER it says "generally" before explaining that point, which opens up the possibility that sometimes they make exception?

but I appreciate your response, thanks

I just wondered if there were any other relevant visa types that I might not know about, or if I was missing something?

I would take ANY period of time being eligible to work - it doesn't have to be a full year or whatever!

[aaron2020 11,651]

The "one calendar year" of employment is company X's policy and if there's no way around it, then you can look into another company.

But this doesn't seem like it is going to happen quickly.

You have two options: 1. Use F-2 and not work or 2. Find another company that can apply for L-1 for you.

An F-2 visa would require marriage to the F-1 visa holder, and an F-2 can not work.

the "one calendar year" thing is lifted from the US visa instructions - it's a US thing, not a company-specific thing

HOWEVER it says "generally" before explaining that point, which opens up the possibility that sometimes they make exception?

but I appreciate your response, thanks

I just wondered if there were any other relevant visa types that I might not know about, or if I was missing something?

I would take ANY period of time being eligible to work - it doesn't have to be a full year or whatever!

These are questions for the corporate immigration lawyer retained by your company.

[IcezMan_IcezLady 582]

The instruction did say "[have worked abroad 1 year continuous within the past 3 years]"

so, I am wondering if it is referring to this company or worked for any company at all.

Have you look into applying for other jobs here which might sponsor you?

Edited August 8, 2016 by IcezMan_IcezLady

[IcezMan_IcezLady 582]

And if you don't want to live here permanently anyway, why not use tourist visa to come for regular visit? Beside, you were looking to live her for 1 or 2 yrs.

[lf282 0]

And if you don't want to live here permanently anyway, why not use tourist visa to come for regular visit? Beside, you were looking to live her for 1 or 2 yrs.

My partner is going to be based abroad for 2 years in total and I want to live with him. We couldn't afford the travel to make regular tourist visits (nor would we want to opt for a long long long distance relationship - that would be ultimate last resort).

I see your above point re: work abroad - does it need to be for that specific company or any company... I'm not sure actually... I presume it's for that specific company but it isn't explicit...?

EDIT: I found this on the USA gov website

"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"

that makes it seem like you have to have worked for that specific qualifying organisation... damn it!

is there any other way?!

Edited August 8, 2016 by lf282

[Merrytooth 5,748]

How about B2 - cohabiting visa?

[JFH 12,191]

The B2 cohabiting partner visa won't permit her to work, I believe?

[Merrytooth 5,748]

The B2 cohabiting partner visa won't permit her to work, I believe?

yes, she won't be able to work under B2 visa.

But if she can't get work visa (J, L, H visa), does not qualify for F-2 visa (not married), then B2 cohabiting partner visa will be

the best option since she does not want to be separated from her partner.

[lf282 0]

Thanks for the responses guys.

Do you think it is worth paying for a visa lawyer regarding this question on L1 eligibility re: work for the company one year in the last three years?

I've worked for them for 5 years in the recent past (4 years ago) so it seems plausible - or am I just being overly hopeful?

I don't want to waste money on a lawyer if I'm being stupid, but the US gov website does say "generally" in front of that specific requirement which makes me think there is wiggle room?

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

[Merrytooth 5,748]

Thanks for the responses guys.

Do you think it is worth paying for a visa lawyer regarding this question on L1 eligibility re: work for the company one year in the last three years?

I've worked for them for 5 years in the recent past (4 years ago) so it seems plausible - or am I just being overly hopeful?

I don't want to waste money on a lawyer if I'm being stupid, but the US gov website does say "generally" in front of that specific requirement which makes me think there is wiggle room?

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

The USCIS rules are pretty clear here:

https://fam.state.gov/fam/09FAM/09FAM040212.html

9 FAM 402.12-2 OVERVIEW

(CT:VISA-1; 11-18-2015)

(Previous Location: 9 FAM 41.54 N5 CT:VISA-1569; 10-04-2010)

a. “Intracompany transferee” means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm, corporation, or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof, in a capacity that is managerial, executive, or involves specialized knowledge.

(Previous Location: 9 FAM 41.54 N1 CT:VISA-1417; 04-08-2010)

b. Section 1(b) of Public Law 91-225 of April 7, 1970, created a nonimmigrant visa (NIV) classification at INA 101(a)(15) for intracompany transferees. An individual or blanket petition, approved by U.S. Citizenship and Immigration Services (USCIS), is a prerequisite for L visa issuance.

c. The L nonimmigrant classification was created to permit international companies to temporarily transfer qualified employees to the United States for the purpose of improving management effectiveness, expanding U.S. exports, and enhancing competitiveness in markets abroad. Prior to the enactment of Public Law 91-225, no nonimmigrant classification existed that fully met the needs of intracompany transferees. Those who did not qualify as E nonimmigrants were forced to apply for immigrant visas (IV) to the United States, even if there was no intent to reside permanently.

d. INA 101(a)(15) was amended for the first time by the Immigration Act of 1990 (Public Law 101-649 of November 29, 1990) to provide that the required one-year period of continuous prior employment with the petitioner take place within three years, rather than immediately preceding the time of the alien’s application for admission into the United States.

[lf282 0]

Yeh, thanks for finding that - it's depressingly clear.

We have another option, that my boyfriend just discovered.

He is allowed to change his visa from F1 to J1. Then, we could get married and I could be his J2. Then I can apply for work authorisation which takes a while but seems to work?

Does that make plausible sense?

Would we need to get married in the US or the UK?

We are willing to do this...

[JFH 12,191]

You can get married wherever you want. Matters not where you marry, only that the marriage is legal in the place where it happened.

[Boiler 45,907]

Get a transfer with your current employer or a job with a non profit not subject to the cap.