L1-B Visa - Can it be directly hired by US subsidiary?

[mickl 0]

Hello,

I am currently working for a European affiliate of an American company.
I currently have a L1-B visa on my passport due to specialized work I performed for a US subsidiary of the main company (the one my European employer also is a subsidiary of).

My question is: if the US based subsidiary wanted to directly hire me, would that be possible within the L1-B visa? Or am I obliged to maintain the work relationship with the European affiliate, and wait for an eventual H1 visa?

Thank you!

Edited September 17, 2016 by mickl

[Boiler 46,034]

Depends on what affiliate means.

From a practical perspective it is down to your Employer/Lawyer as to what is both practical and what they want to do.

Edited September 17, 2016 by Boiler

[mickl 0]

My apologies, I understand the confusion. Both companies, in Europe and in the US, are subsidiaries of a "Mother company". They are separate legal entities.

For sake of example, it would be like if an employee from an European subsidiary of Google/Microsoft was to have a L1 visa to work in the US for the American subsidiaries of Google/Microsoft.

If the American subsidiary was then willing to directly transfer the employee to its legal entity, do you have an idea on whether this would be doable under a L1 visa?

Thank you!

[Boiler 46,034]

I do not see a problem with that relationship.

[mickl 0]

Thank you Boiler.

My concern was in fact on whether my contract should have stayed with the European subsidiary, or if it could have moved to an US contract directly (consequently cutting any relationship with the European side).

As soon as I'll have a clear answer from my company itself I will post it as well in case someone else has the same doubt.

Thanks again!

[Boiler 46,034]

I have seen it done both ways, usually the existing contract has better benefits so make sure they carry over.

[mickl 0]

Thanks Boiler

I know I'm being stubborn here, but I've done some research, and my understanding of the topic is somehow confused.

It seems to me that with a L1 visa one could definitely work in the US for another subsidiary of the same main company his European company belongs to, this is clear. But, in doing so, he would still be employed by the European subsidiary, not the US one. So He could not be directly hired by the US company, but only working for it if the European side agrees on it.

To really be hired by the US company, one would have to convert the L1 visa in a H1 visa (with related time frame and yearly cap). Is my understanding wrong?

Thanks again!

[Boiler 46,034]

What is your Employer offering?

[Mounat 74]

Thanks Boiler

I know I'm being stubborn here, but I've done some research, and my understanding of the topic is somehow confused.

It seems to me that with a L1 visa one could definitely work in the US for another subsidiary of the same main company his European company belongs to, this is clear. But, in doing so, he would still be employed by the European subsidiary, not the US one. So He could not be directly hired by the US company, but only working for it if the European side agrees on it.

To really be hired by the US company, one would have to convert the L1 visa in a H1 visa (with related time frame and yearly cap). Is my understanding wrong?

Thanks again!

Your understanding is right. What is confusing is the relationship between these three companies: parent company (1), the European subsidiary (2) and the American subsidiary (3). Where is the parent of the two subsidiaries based? In addition to the visa confusion, there's an intra-company hiring policy issues. Your best bet is to reach out to a (visa-knowledgeable) HR person in one or more of the entities, and especially in the US-based companies. A quick consultation with an immigration lawyer may not hurt either.

Getting hired directly in the US (without being transferred from overseas to a subsidiary) is typically not an L-visa but the H1 variety.

It's unlikely you'll find a satisfactory (or correct) response to your questions on this forum. This tangled web of subsidiaries requires intimate knowledge of the legal relationship between the companies AND labor visa laws.

Good luck.

[mickl 0]

Hello Mounat,

thanks for the answer

You're right, it's an intricate topic the one I got! And I will hopefully have an answer from HR/Legal on the American side in the next weeks, if this whole thing is going to happen.

Will share what I will learn with you then, might be of use to someone else!

Cheerio!

[Mounat 74]

Hello Mounat,

thanks for the answer

You're right, it's an intricate topic the one I got! And I will hopefully have an answer from HR/Legal on the American side in the next weeks, if this whole thing is going to happen.

Will share what I will learn with you then, might be of use to someone else!

Cheerio!

One thing I forgot to mention is that just because someone has the title HR or Visa expert in a company doesn't mean they know any more than you do. Challenge them on what they state and insist on citations of the relevant laws. Best also to use email to keep them honest rather than a casual phone conversation were they may talk out of their rear end.

Let us know how it goes.