Hopefully a quick question
#1
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Hopefully a quick question
I'm probably going to answer this myself, but never any harm getting a second, third, fourth opinion etc
Previously in the US on an L1 before that fell through, so I'm pretty clued up on that process, however, after a recent interview a scenario came up which I didn't have an answer for and I can't seem to find any clarity officially.
Company A is US-based, also has established offices outside of US. Hires non-US citizen to work in the non-US office in a specialized/management role with the potential view of moving them to the main office after 1yr (L1) Obviously simplified example and it happens all the time.
Here is my question, The person hired will be a remote worker whilst working in the non-US office. Obviously paid by that office, but aside from visits, will be working elsewhere in the country.
My research and previous experience of the process, tell me that it doesn't matter as long as you meet the criteria and nowhere in that criteria does it state you have to be sat at a desk in that office all the time.
In fact, the criteria seems more interested in whether the office will continue to function is said person leaves.
Any other views on this?
Previously in the US on an L1 before that fell through, so I'm pretty clued up on that process, however, after a recent interview a scenario came up which I didn't have an answer for and I can't seem to find any clarity officially.
Company A is US-based, also has established offices outside of US. Hires non-US citizen to work in the non-US office in a specialized/management role with the potential view of moving them to the main office after 1yr (L1) Obviously simplified example and it happens all the time.
Here is my question, The person hired will be a remote worker whilst working in the non-US office. Obviously paid by that office, but aside from visits, will be working elsewhere in the country.
My research and previous experience of the process, tell me that it doesn't matter as long as you meet the criteria and nowhere in that criteria does it state you have to be sat at a desk in that office all the time.
In fact, the criteria seems more interested in whether the office will continue to function is said person leaves.
Any other views on this?
Last edited by LonelyCloud; Sep 26th 2017 at 8:51 am.
#2
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Joined: Jun 2017
Posts: 520
Re: Hopefully a quick question
I've never heard of USICS caring about remote work or not. There are many valid reasons for doing so. The only point of interest is evidence for specialisation and/or management - remote work obviously has the potential to make that harder to prove.
It would help a lot if you could explain the question you were asked during your interview and what the context is. That information is crucial to trying to answer this question properly.
It would help a lot if you could explain the question you were asked during your interview and what the context is. That information is crucial to trying to answer this question properly.
#3
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Re: Hopefully a quick question
Sure,
I am currently in the UK and the office that 'potentially' they would like me to start is in an area which, due to my background, may pose a security risk if I moved there. Personally, I don't give a ****, but it's not something I want to subject my kids to.
Again, potentially, they would be happy for me to remain where I am as the team they would like me to manage are all based on the West Coast and travel to their UK office is cheap (flights) and almost shorter than my current commute.
On my previous L1, I remote managed a team as well as performing a critical function. And at no point did anyone ask where I worked. I guess the assumption was that there is an office and you work in it.
Don't ask Don't Tell seems to be the policy here
I am currently in the UK and the office that 'potentially' they would like me to start is in an area which, due to my background, may pose a security risk if I moved there. Personally, I don't give a ****, but it's not something I want to subject my kids to.
Again, potentially, they would be happy for me to remain where I am as the team they would like me to manage are all based on the West Coast and travel to their UK office is cheap (flights) and almost shorter than my current commute.
On my previous L1, I remote managed a team as well as performing a critical function. And at no point did anyone ask where I worked. I guess the assumption was that there is an office and you work in it.
Don't ask Don't Tell seems to be the policy here
#4
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Joined: Jun 2017
Posts: 520
Re: Hopefully a quick question
Ah, I read this:
as meaning you have already been directly asked about this, I see now you meant a job interview rather than a USICS interview!
You only need to prove that you've had day to day direct managerial or supervisory control of a business unit (in the case of L1A). It's not unheard of to have worked freelance for the company whilst outside of the US, too.
In general, all points of information should be withheld unless asked about (ignoring anything you are compelled to explain, obviously), and I would agree this falls into that category, however ultimately, even if it did come to light, I cannot see a reason why it would be an issue. If anything, it's probably quite common.
after a recent interview a scenario came up which I didn't have an answer for and I can't seem to find any clarity officially
You only need to prove that you've had day to day direct managerial or supervisory control of a business unit (in the case of L1A). It's not unheard of to have worked freelance for the company whilst outside of the US, too.
In general, all points of information should be withheld unless asked about (ignoring anything you are compelled to explain, obviously), and I would agree this falls into that category, however ultimately, even if it did come to light, I cannot see a reason why it would be an issue. If anything, it's probably quite common.
#5
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Re: Hopefully a quick question
Sorry, should have been clearer
It only came up when the interviewer said that Person x would eventually want you in the main office. I fully expect to have a desk in the UK office, just not use it very much.
It only came up when the interviewer said that Person x would eventually want you in the main office. I fully expect to have a desk in the UK office, just not use it very much.
#6
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Re: Hopefully a quick question
Well then, as far as USICS is concerned, your official place of work is desk X at office Y, isn't it?