sharprc

Hey Everyone,

First post in BritishExpats - be gentle - I've lurked for a few weeks now as I have a potential opportunity on the horizon and now it's starting to get a bit of traction.

I'm in the process of applying for an internal transfer to a new position in the US (WI) and my employer is currently applying for a L1A visa for me. My biggest concern is the "hire and fire" mentality in the US as I know the L1A visa is tied to the employer and not the employee - ie if I get terminated I have to leave immediately.

What would you recommend introducing into the discussion with my employer to provide an element of security with this role, is it possible to apply for a green card upon arrival through them or should I ask for a notice period to be introduced into the contract?

If anyone has any experience or advice on this, then I'd very much appreciate it!

Cheers

Rob

civilservant

Any contractual notice period is overridden by state law anyway, it would be unenforceable. So if WI is an 'at will' state and they fire you you are SOL since a lawsuit would fail. I would not go into it worrying about that though, if they are prepared to pay to transfer you, you are probably valuable to them.

Many people negotiate a GC application into the transfer package, usually after a period of time working satisfactory after the move (say 1 year) - bare in mind that the employer has little incentive, since it costs them money and allows you to quit the day after you receive it. There's nothing to stop them doing so on Day 1, but in practice they will probably balk at that.

You might consider adding into the deal that you will repay all fees incurred for the GC application if you do terminate your employment within one year of obtaining your GC, it might convince them to get on board.

You're right though, an L1 leaves you at the mercy of the employer.

sharprc

That is my big concern, however I'm waiting on the final offer to be sent through so I don't know if they'll build that in; from when I flew over for the final interviews there was a firm understanding that this was a permanent move.

I know the L1 visa is a lot quicker to apply for than a LPR visa so perhaps they are trying to get me across sooner so that I can start work and then they will process the GC application... who knows!

Thanks for your advice civilservant!

civilservant

You might want to think about consulting with your own immigration attorney, paid for at your expense. Always remember that the companies immigration attorney preparing the application is working for them - NOT for you.

If a GC is what you want, be upfront about it. This is a life changing move that you are considering. don't leave anything to chance. Unspoken expectations are often not met.

sharprc

I may well do that.

They know I want a green card, having worked with a couple of american businesses now I know that they don't beat around the bush with discussions; it's straight to the point!

Guindalf

There is no 'LPR visa', so the L1 application is infinitely quicker!

If this is expected to be a permanent move, then a GC should be on the table as it makes things a lot easier by way of buying property, etc. As such, it should be discussed as a definite option within an agreed-upon period (may I suggest a year prior with a proviso to remain with the company for at least a year after successful application), until which, some or all of the expenses involved are repayable on a sliding scale.

Pulaski

The EB-1, -2, or -3 are visas that get you straight to LPR status on arrival.

sharprc

Roger that, seems like looking at a GC option could be arranged much like tuition fee repayment, so that as your time served increases, your repayment amount decreases.

Appreciate the advice!

sharprc

Thanks! I did a fair amount of research into all of the visa classifications and I was hoping to get one of these.

I shall push to see what the business can do for me.

Rete

Off the cuff, can you ask to have a clause inserted in the contract that if you are made redundant that the company will pay the relocation costs for your return to the UK?

sharprc

I've asked them to clarify their intentions going forward, if this is the case then I will be asking for that!

yellowroom

I was on an L-1B and had a clause that said they would pay all repatriation costs in the event they terminated my contract for any reason other than gross misconduct. It does give you a measure of security.

Awesome Welles

I think that L-1A/B sponsors are obligated to meet the cost of repatriation of the beneficiary and dependents (L2) if they are terminated for ANY reason.
My understanding is that the obligation does not extend to possessions, pets etc.

Rete

We all know the road to hell is paved with good intentions. Cover the butt. Never know when business will take a nose dive or a department purged.

yellowroom

No, to the best of my knowledge it is not a legal obligation for L-1 visas and their derivatives.