LandO

Does anybody here have any knowledge or experience about going to US with a secondment?

My OH company wants to send him over to their US office on secondment. Hiss boss mentioned it briefly to him yesterday before coming home so hopefully today he will come back with some more news regarding this secondment. In the meantime I thought I will try and see if anybody over here can maybe give me more details of how it works and what sort of visa we are looking at. What the pro and cons to this will be.

Really looking forward to your replys as I am a bit nervous agreeing to something I havent heard or read about before.

ian-mstm

Not many Americans understand the term "secondment". I do, because I lived in Canada for many, many years and was, at one time, seconded to another office for a bit. In the US, "transfer" (even if temporary) is a more common term.

It sounds like they're considering an L-1A or L-1B visa - that's the usual method for a company transfer. You can do a check on either/both of those visas and see what turns up. Generally speaking, there's no bad to either visa. If he gets an L-1A/B visa, you'll get an L2 derivative visa (you're married, right?) and can apply for permission to work once you're in the US - usually takes about 90 days. If you have children, they'll also get L2 visas - but they won't be allowed to work!

If you have more questions, please feel free to ask.

Ian

LandO

Hi Ian

Thanks for the reply. Work was talking about transferring him on a L1 visa but apparently due the current economic climate they cant move us over lock stock and barrel. But then the boss mentioned secondment to him where they will pay our accomodation, car rental and some daily food allowance and he will still get paid his UK salary. The boss seems to think the secondment will change into a permanent move within 6 months. That is why I am so confused. A secondment sound a lot more expensive than paying out an one off fee to relocate a family.
This is what I am trying to find out what is the difference between a secondment and L1 visa.

The Horticulturalist

LandO,

From the details you've given above, the visa will be the same for the "secondment" or for any other type of transfer.

The difference seems to be in the package that they are offering you to move. You'll need to get the exact details of what they are offering you and then come back and tell us here, there are lots of people on here who have moved their family over and can tell you what they were given in terms of a relocation package and you can compare with them what you've been offered.

We didn't come on a transfer visa, but if it were my family, here's what I would want to know (and this is not an exhaustive list)

What are they going to pay for exactly? I would expect them to pay for return airfares for the family, the cost of shipping your personal items there and back, health insurance, visa processing.

Where are you being transferred to? Will your UK wage be enough if you are living in New York for example? How long are they transferring you for, can they give you any guarantees as to how long you will be there?

Ray

Thats sound as if they want you to go over without a visa ...

Bill_S

No matter what the company calls the arrangement, you all need visas to live/work in the US.

Jerseygirl

Yes it does.

LandO...there have been many threads in the general US forum covering the subject of what type of package you should be looking for from the employer ie holidays, healthcare, repatriation etc.

LandO

Hi everybody,

Just to let you all know unfortuantely the boss was not in the office today so we are not any clearer as to what he had in mind with this secondment.

The office is on W Sam Houston Pkwy in Houston. I will keep you posted as soon as we hear more hopefully next week. But I do feel worried as I get the impression secondment is not a common thing to happen. Even if I google secondment I cant find much info about it. I was wondering if there is a maximum stay ie 3 months when you go over on such thing. Because if there is I dont think it is worth doing it as I have 3 young children with the oldest just started Reception. I dont want to interupt his education.

I dont know I just feel very sceptical about it all.

fatbrit

Good!

Bill_S

As Ian said, the term "secondment" is not used in the US. If the company wants your husband to work in the US they must apply for an appropriate visa for him. This is often an L1 for a company that has offices in both the UK and in the US.

What I bolded is a potential red flag. The Visa Waiver Program is limited to 90 days. If the company has said something about a 90 day maximum stay, you are right to be skeptical. The amount of company-related business your husband could do while on a visa waiver is extremely limited (eg. attending meetings and so forth).

ian-mstm

I agree with the others... it sounds as though the boss wants him to work in the US without actually going through the process of applying for and getting the proper visa. Note: if something goes belly up with this while you're in the US (or attempting to enter the US), it is *not* the boss or the company who will be the target of immigration's wrath. Without the proper visa, you can very quickly find yourself back on a plane heading home and facing a lifetime ban from the US. You must be very careful about what happens here. Question everything that his company is doing... come here and double check if you want. We have 2 or 3 immigration attorneys who frequent this forum and help when they can (on the understanding that their advice is general in nature).

Ian

Ozzidoc

Hubby came to the US on a one month secondment about seven years ago.

The purpose of his secondment was to train several people in the company's US office, and to also better understand that office's laboratory equipment and procedures.

He used the VWP as his trip was business-related, less than 90 days.

He was paid in the UK. No extra cash etc. Company paid for accommodation and all meals while he was in the US. And a new printer for some reason!

scrubbedexpat099

The L Visa is the appropriate visa.

Probably the confusion is that it is now more ofte used by those seeking a permanent move as a stepping stone.

They are ofering you a temporary package as a full move with all the add ons will run into the tens of thousands, this way if it does not work they just have the cost of the flight home.

crg

That's not appropriate. Training US staff is usually not allowed. There is a reason for having L1 visas and the other classifications. That would be considered a VWP violation and could make someone ineligible to use it again.

If a Mexican company owns a golf course in the US, can they send over landscaping people to train others to mow the fairway as long as they launder the payment through the foreign entity?

Ozzidoc

That's interesting. It's not what the company lawyer had said. Top 100. Always moving people around all over the world. Which doesn't make them right of course.

I may well have some of the details wrong. All I know was it was a project with work being done in two offices, and the US office was doing some things differently to the UK one. Hubby certainly wasn't in the US to do the actual work.