British Expats

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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   L1 visa question (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/l1-visa-question-750764/)

nudda Mar 6th 2012 12:48 am

L1 visa question
 
Hi all,

I work for a US company outside of the US (in the UK). I have been employed for just under 6 months there. My field of work is quite specialized, where the skills I have are highly sought after in the US generally (IT Security).

The company I work for is very big and well known and they have open positions in the US that I could easily fill. I have never lived in the US but would like to move there long term as I have other family out there.

I understand I would need to work in the company for at least a year and have specialist skills to be eligible for an L1.

My question: I don't want to risk losing any time once the year approaches. What can I do in the mean time as part of the lead up to talking to my manager about this all?

Should I be kicking something off maybe 3 months before my year is complete?

Any advice from those who have been in similar situations would be greatly appreciated.

Thank you

Awesome Welles Mar 6th 2012 2:13 am

Re: L1 visa question
 
In your case, the company petitions the visa, not the beneficiary. They drive this, not you.
Who told you that those in the field of IT security are 'highly sought after' in the US? I ask, because it's not true.

nudda Mar 6th 2012 2:26 am

Re: L1 visa question
 

Originally Posted by Awesome Welles (Post 9938749)
In your case, the company petitions the visa, not the beneficiary. They drive this, not you.
Who told you that those in the field of IT security are 'highly sought after' in the US? I ask, because it's not true.

Thanks.
No one told me - there are a number of reasons why I believe the US can't get enough IT Security professionals (with specialist knowledge).

- There are lots of relevant jobs advertised in CA and AZ (areas I am interested in).
- I deal with numerous projects in the US so am aware of the need
- The Obama administration tightens security related regulations all the time. Companies across multiple verticals have to be compliant with some for of regulation as a minimum.

That said, what makes you confidently say there is no demand in the US?

Noorah101 Mar 6th 2012 2:34 am

Re: L1 visa question
 

Originally Posted by nudda (Post 9938640)
I understand I would need to work in the company for at least a year and have specialist skills to be eligible for an L1.

I think you also need to have worked in a managerial capacity for that 1 year, but double check the requirements.


My question: I don't want to risk losing any time once the year approaches. What can I do in the mean time as part of the lead up to talking to my manager about this all?

Should I be kicking something off maybe 3 months before my year is complete?
I have not been in your situation, but personally I'd talk to your manager sooner rather than later, so you know what you need to work towards. You don't want to wait until only 3 months before your current 1 year is up, only to find that you needed to be in a different position, or needed to have been doing something differently that whole time!

You should express your interest in getting transfered to the USA, and have the company lawyers tell you what the requirements are for an L-1 visa.

Rene

nudda Mar 6th 2012 5:55 am

Re: L1 visa question
 

Originally Posted by Noorah101 (Post 9938783)

You should express your interest in getting transfered to the USA, and have the company lawyers tell you what the requirements are for an L-1 visa.

Rene

Makes sense to do that. It's going pretty well so I just didn't want them thinking I'm here for a bit then will disappear. But that's life - as a manager she should be able to understand that (and she will - she's VERY competent in her role).

Thank you!

p.s: My sister lives in Mesa, not far from Phoenix :) Lovely place!!

goldenstate31 Mar 6th 2012 6:00 am

Re: L1 visa question
 
if you have specialist skills it would actually be the L1(b)
but a lawyer on most occasions will only get the ball rolling once you have worked for the company for a year. :)

nudda Mar 6th 2012 6:05 am

Re: L1 visa question
 
Thanks. Even via a blanket L1 visa ?

goldenstate31 Mar 6th 2012 6:10 am

Re: L1 visa question
 

Originally Posted by nudda (Post 9939172)
Thanks. Even via a blanket L1 visa ?

for a blanket L1 your company needs to meet certain these criteria are

sponsored at least 10 L1's in the past 12 months (with approvals)
sales of over 25 million US dollars a year
and employs 1000 US employees
and have 3 offices in the US:)

Awesome Welles Mar 6th 2012 6:55 am

Re: L1 visa question
 

Originally Posted by nudda (Post 9938764)
That said, what makes you confidently say there is no demand in the US?

The gigantic numbers of unemployed IT specialists already in the US gives me that impression, I suppose.

The petitioner makes the case for you. Other than expressing your interest, you are pretty much a (passive) passenger in the process. You will be asked to provide certain personal information as the application progresses, but the company's attorney is the person doing the driving - also don't lose sight of the factr that the attorney is acting in the corporation's best interest, which may not be your best interest.

Good luck - times are still tough over here.

nudda Mar 6th 2012 7:09 am

Re: L1 visa question
 

Originally Posted by goldenstate31 (Post 9939182)
for a blanket L1 your company needs to meet certain these criteria are

sponsored at least 10 L1's in the past 12 months (with approvals)
sales of over 25 million US dollars a year
and employs 1000 US employees
and have 3 offices in the US:)

thanks. They are well over 100 times of that so shouldnt be a problem there

nudda Mar 6th 2012 7:10 am

Re: L1 visa question
 

Originally Posted by Awesome Welles (Post 9939282)
The gigantic numbers of unemployed IT specialists already in the US gives me that impression, I suppose.

The petitioner makes the case for you. Other than expressing your interest, you are pretty much a (passive) passenger in the process. You will be asked to provide certain personal information as the application progresses, but the company's attorney is the person doing the driving - also don't lose sight of the factr that the attorney is acting in the corporation's best interest, which may not be your best interest.

Good luck - times are still tough over here.

ah ... well I can understand IT professional but not IT 'SECURITY' professionals which is a whole different ball game.

Thanks for tips around attorney

ian-mstm Mar 6th 2012 8:10 am

Re: L1 visa question
 

Originally Posted by nudda (Post 9939302)
I can understand IT professional but not IT 'SECURITY' professionals which is a whole different ball game.

I don't live anywhere near silicon valley, but around here, IT security personnel with both MIS degrees and CISSP qualifications are a dime a dozen.

Ian

Awesome Welles Mar 7th 2012 1:46 am

Re: L1 visa question
 

Originally Posted by nudda (Post 9939302)
ah ... well I can understand IT professional but not IT 'SECURITY' professionals which is a whole different ball game.

Thanks for tips around attorney

While there's nothing at all wrong with 'selling' your expertise, we are not the people you need to convince, regarding your specialist and rare skills.

If your company have a need - and they feel they can justify to USCIS and DoL that 'importing' you would be more practical than employing someone who is already here, then you're laughing.

However, if you think that there is a shortage of IT security specialists, already in the US job-pool, fighting for every opening that appears, you are a bit deluded.

captainsensible Mar 7th 2012 2:24 am

Re: L1 visa question
 
I would ask them to concentrate on your knowledge of your role in relation to the business, as opposed just your technical skills. That in itself, might be more 'specialist'.

nudda Mar 7th 2012 7:43 am

Re: L1 visa question
 

Originally Posted by ian-mstm (Post 9939416)
I don't live anywhere near silicon valley, but around here, IT security personnel with both MIS degrees and CISSP qualifications are a dime a dozen.

Ian

You can say that about professional in any area of work. CISSP is worth nothing these days.


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