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Hi all,

I posted a thread two years ago when I had a chance to transfer to the US. However, I didn't progress it.

I've since been offered an Intra-Company transfer with my new company (of three months).

I was all set to begin the process (H1 or L1) when our third-party company (Fragomen) came back to us with an immediate rejection. They stated that it would not be feasible without a degree. They stated that 'massive amounts' of information would be required.

Have things changed in the last couple of years? Has anybody else on the forum been through this process?

I'm a specialist system administrator (SAP) with 16 years IT experience and my company tried for 8 months to find somebody in the US with my skill set and eventually had to look in the UK and Ireland.

Thanks in advance,
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ian-mstm

Well, "massive amounts" of information will probably be required anyway, but for an H-1B visa, you'll need either a Bachelor's degree or 12 years' experience or some combination thereof (at 3 years' experience = 1 year of university). For the L-1A/B visa, you must have worked for the company for a minimum of 1 year prior to applying.


Not as regards the requirements noted above, no.


If you have 16 years of experience, you qualify for an H-1B visa. I suggest your employer contact the attorney and sort it out. It's odd that Fragomen doesn't know the requirements - they're usually pretty savvy. Perhaps it was a new guy working there and he was looking for the path of least resistance!

Ian

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Thanks Ian - I was hoping you would reply.

I'll relay this to our global mobility department and see what they say.

Must I be working for the company for the entire year prior to submitting the application or can this be done in advance and a visa be issued on or soon after my one year anniversary?

Noorah101

Yes.

Rene

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Thanks Rene - H1B it is then.

Noorah101

You know for H1B the employer must file the petition on April 1, 2014, for a start date of October 2014. I hope they don't need you in the USA very soon!

Rene

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Ah, ok. Thanks.

My manager wants me there sooner but if there's no other way - it is what it is.

I'll just have to make trips on the VWP and only do training, as he wants me to deliver knowledge transfer to the team in the US. Can I also be a trainer or can I only go as a participant on the VWP? I can't find any information on what's permitted under the VWP.

Pulaski

Given the defined timescale for the H1B, and that his employer could apply for the L-1A/B approximately 9 months from now, it will make little difference in timing, and in fact the L-1 A/B could even see him working in the US slightly sooner, but at most it would be a matter of "weeks".

Pulaski

If you are imparting knowledge "from head office" to the US operation, that is not something you could hire a USC or PR to do instead, so, IMO, falls within the terms of a B1 (business) visa, and therefore the VWP for business purposes.

Suspended

Thanks Pulaski. Good to know.

Michael

Also the H-1B visa was oversubscribed last year by double the amount of visas available in the first week of April before applications were no longer accepted. Then a lottery was held to determine who could apply for the visas.

crg

I don't agree with that description in such broad terms. There are restrictions to the type of training that can be conducted. Short term, non-productive training may be allowed, but it is not as simple as a blanket permit to impart knowledge from a head office. For example, training US workers to install a foreign product would be allowed, but doing the same with a US made product would not.

Pulaski

That what I meant by "from head office", i.e. provide information not readily available in the US, and I further qualified it by adding that it would be something that you couldn't hire a USC or PR to do, so for example you could not come to the US to train someone on how to install and configure a Hewlett Packard file server running Microsoft software.

retzie

How strange. Since when have 'massive amounts' of information ever been an impediment to lawyers?!

It sounds like you're with a large company, so hopefully they are in a position to follow up for more sensible advice. This strikes me as a situation for which a competent attorney could offer much more comprehensive options, both for the short- and long-term.

crg

You absolutely did qualify it. The OP's response seemed like he felt that everything was now hunky dory so I sought to temper that a bit considering how complicated the law is in this regard and how few details we have about the actual duties involved and company structure.

It's usually telling when the company delves into the H and L and when met with challenges in obtaining that status dispatch someone to do the task as a WB or B-1.