michen

I approached a company I previously worked for (4 years ago) about a role in the USA. They are a global company and I used to work for them in the UK. It is a managerial sales role, and my previous boss sent an email of recommendation- I have an interview next week.

However, I have been looking at the visa requirements (HB1?) and given the lottery is closed for the year, and the chances of even being picked, I'm surprised/a little confused they are even bothering to interview me.

Have I read things incorrectly and there is a possibility of a sponsered work visa? I couldn't class as an inter company transfer as I don't work for them currently. They are a HUGE global company and the interview is with a senior board member so I am confused as to why they'd entertain the idea given it seems.. impossible.

Am I missing something in the visa process that would make it feasible?

Noorah101

Are you interviewing with the UK presence or the US presence?

I would go ahead with the interview and see what they have in mind.

Rene

michen

With the US.

I'm concerned perhaps the in house recruiter and person interviewing know less about the visa process than I do!

It's possible they've only ever transferred people over already working for the company, though that seems unlikely given it's size. I should add I spoke with a colleague who I used to work with in the UK, who went over I assume on the L visa. When I raised the visa concern (this was before I'd even done any research) he just brushed it off as "not being a problem".

So you can imagine my surprise when I started to investigate!

Pulaski

You can be rehired on an L-1 visa, but that possibility ends after 3 years, IIRC. If the company is British, and so are you, then an E1 or E-2 is a possibility.

Or they may just be prepared to hire you in the UK and move you over after 12 months (+ any time you spend in the US during the period before your visa is issued).

But yes, it's also possible that HR are clueless about visas. .... I lost a role because of that myself. A manager was very excited to hire someone with my skill and experience, and paid for a familiarization trip to meet his team and, er, sit in on some meetings, for a couple of weeks. Then HR squashed the whole plan, because they didn't know, or didn't understand, that I was eligible to get a visa pretty easily as my soon-to-be (at that time) wife was American (we've now been married 22 years).

michen

Yep it'll have been 4 years in July since I left.

Oh- so yes- I am british and the company are british, headquartered in the UK albiet they operate globally.

I hadn't heard of those options.. I just had a look, struggling to work out if it really would be an option. The company is a "service provider"..

tht

Other than the Chairperson or maybe Chair of a committee all Directors are “equal”. I assume by “senior” You mean an executive Director, who is an insider on the board, a non-exec is not likely to be involved in hiring.

It is not “impossible”, it could just take a year or more.. they could hire you remote and after a year transfer you with an L. If you are someone they want I can’t see why they would not wait to have you here in person, most companies are part remote still anyway.

depending on your qualifications there is also the option of straight to a green card or an O visa.

Pulaski

So that's the circumstance that the E-1 and E-2 are for, and you don't need to have worked in the UK/ outside the US for even 5 minutes - you could be hired directly into the US. .... The only thing I don't know is how sensitive the visa is to the corporate/ group structure.
You're welcome.

E-1 or E-2 depends on the type of work/ business you're in, and you might want to float those options at the interview/ meeting to try to head off the "HR says no" issue.

michen

Sorry cross posted as I then had a look, it might be because I'm half asleep but I'm reading it as it would need to be employment because of trade between the USA and UK business..

The business is a service provider..

Pulaski

I thought about those, but I don't think either are likely for a sales position.
So that is pretty much what the purpose of an E-1 and E-2 - they are treaty trader visas, to promote international trade.
So probably an E-1 then.

michen

But the USA has nothing to do with the UK, I’d be working for the US location managing the sales of the services sold and executed within the US..

Or does that not matter..

This is new lingo for me!

Pulaski

Doesn't matter. You can be a one man band, and apply for your own E-2 to run a business mowing grass or servicing swimming pools if you really want to. .... Yes, there are literally people doing that!

steph0scope

So it could be that they are also thinking of the E-1 route or it could also be that they have made an assumption that you already qualify to work here through some other means, for example you have or are about to receive a family-based immigrant visa. They may have assumed that you already knew that you can’t “just move” to the US and that your legal path here was already covered.

Why the US? Do you have a family or love connection here that would open up a path for you?

michen

Sorry all I may be missing the point but... "– There must be an exchange of goods or services between the US and the foreign company."

But there isn't an exchange of goods/services? Does this not that an E1 visa would be if I was moving to the US, to further the sales/trade of goods for the UK company- which I wouldn't be doing? Or am I naturally doing that because although I'm working for the US entity, it's British owned?

Therefore any activity I do for the US is to further trade between the two countries?

Argh- confused!

michen

Nope not connection, I just want a change and love the US!

Pulaski

See post #11 above. You are over-thinking it, and trying to make sense of a visa that, in my honest opinion, makes very little sense.

BTW If you could please use the "Quote button, near the bottom right corner of the post that you're replying to, then we'd know who you're replying to.