non immigrant visa as a contractor for a us company

[donnanicuarta1 0]

I have worked as a contractor for a US based start up  for the past year. I am an Irish, EU Citizen. I would like to relocate to the US for 1 year to work there and help the company scale. I only work for this company. Can anyone tell me if it is 

a. possible to get a work visa when you are a contractor

b. would it be better to be an employee - if so, how long do I need to be an employee for?

c. what visa I need and how much does it cost?

 

Any help or advice is greatly appreciated

[Boiler 45,525]

No

 

You can be an Employee when you arrive.

 

Well your Employer sorts it out so nothing.

[donnanicuarta1 0]

thanks, I appreciate your quick response.

 

as my employer is a start up, I want to find out as much as possible for them before I start the process. Where do I go to find that information?

[Boiler 45,525]

You could find a local Immigration Lawyer to refer them to.

[geowrian 22,337]

Normally the business's attorney takes care of any petitioning for a foreign worker. It's not a simple process nor one that the beneficiary is particularly involved in.

[donnanicuarta1 0]

as a start up, we don't have a lot of money to pay for lawyers, this is a first for the company so I want to help as much as I can and limit the cost. 

[geowrian 22,337]

Either an attorney does it or somebody from the business spends a bunch of hours trying to figure it out and hoping not to make a mistake.

Note that a work visa isn't just something one typically applies for...almost all require the employer to file a petition with USCIS and having that adjudicated (usually with a labor certification requirement showing that no US work authorized person is able or wants to fulfill the position) before being eligible to apply for the actual visa.

 

L-1 (intra-company transfer) is one potential option if you are hired as an employee and meet the requirements.

 

H-2B is possible if the desired work timeframe is limited. has a lottery component involved and I believe the cap has been reached for this year.

https://www.uscis.gov/working-united-states/temporary-workers/h-2b-temporary-non-agricultural-workers

 

A brief overview of H-1B costs are below, which is another potential option, although it has a very strong lottery component involved and is also capped for this year IIRC.

https://redbus2us.com/h1b-visa-filing-fee-summary/

 

O-1 is another option if you have an "extraordinary ability". No labor certification required or lottery or cap involved, but it's a pretty high bar (like actors, athletes, etc., but is in no way limited to that "extraordinary" skillset).

[SalishSea 17,834]

Another thing to remember, in terms of contractor vs. employee, is that US companies do not generally provide health care insurance for independent contractors.  You will need health insurance to be able to live here safely.

[donnanicuarta1 0]

thanks both for your help.

 

Is the L-1 still applicable for a temporary visa, currently I'm only looking to be there for 1 year.

 

I don't believe O-1 is realistic in my situation.

 

the H-2B may be possible.

[Boiler 45,525]

All work visas are temporary

 

 

[geowrian 22,337]

L-1 is a non-immigrant visa (so no permanent residency) initially valid for 1-3 years (depending on if they are setting up a new office) and can be renewed for up to a total stay of 5 or 7 years (L-1A vs L-1B) IIRC.

 

The challenge may be showing the work relationship (so the company can't just hire people to get them US visas) since you're a contractor. How exactly that is (or is not) considered is beyond my knowledge.

 

"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;"

[donnanicuarta1 0]

Okay, just reading through the requirements, the reason I would be working in the US would be to scale a client management programme, I'm Head of Client Management now but in order to scale, it would take client visits in the US, some training of the team etc, does this come under One Time Occurance, I will continue the job after I return to Europe but hopefully the company would have scaled by then.

[donnanicuarta1 0]

@geowrian thanks, I think I would need to change to become an employee for 1 year and then apply for a L-1. It's possible but would seriously delay our scaling plans.

 

[Boiler 45,525]

14 minutes ago, donnanicuarta1 said:

@geowrian thanks, I think I would need to change to become an employee for 1 year and then apply for a L-1. It's possible but would seriously delay our scaling plans.

 

Not necessarily, depends on the details.

[geowrian 22,337]

Exactly...the 1 year part is generally needed but not a strict requirement, and I don't know how the contracting piece would be considered or not.

Edited October 23, 2018 by geowrian