Question on L1 Visa residency requirement

[jhouston]

Dear experts,
My friend (Indian citizen) is working in the U.K. for the past three plus years for an international company. The company has offices in the US and UK, among other countries. He is currently on Tier 2 ICT visa (temporary work visa) in UK and is paying taxes in UK. 

1. Can his company file for an L1 visa and bring him to the US?
2. Is there a requirement that he has to have ties with UK? For example, does he has to be a resident in UK to qualify and maintain L1 visa?

Thanks in advance for your help,

JCJ

 

[JoeF]

Why do you think there would be a requirement to have ties with the UK? The UK is not the US. Totally different countries.

For an L1, the requirement is that the person worked with the company outside the US for at least one year in the last 3 years.

 

[jhouston]

Thanks Joe. Apparently he was informed by someone that he should be a resident of the foreign country that he is working to apply for L1. In this case he is on temporary visa in U.K. and not a permanent resident. I gather from your response and from USCIS website that this is not a requirement for L1.

[JoeF]

There are always a bunch of rumors floating around. People need to stop listening to rumors...

It is the law that matters, and INA 101(a)(15)(L), defining the L visa, says (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101.html#0-0-0-164):

"(L) 3c/ subject to section 214(c)(2), an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him; "

Nothing about being a resident somewhere else. All that matters is having been employed by the company abroad.

 

[jhouston]

Thanks Joe. Really appreciate your help.

JCJ

[nitz]

On 22/02/2017 at 5:17 PM, JoeF said:

There are always a bunch of rumors floating around. People need to stop listening to rumors...

It is the law that matters, and INA 101(a)(15)(L), defining the L visa, says (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101.html#0-0-0-164):

"(L) 3c/ subject to section 214(c)(2), an alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him; "

Nothing about being a resident somewhere else. All that matters is having been employed by the company abroad.

 

Hi Joe,

I am working for software company in Canada (head office) having offices in US. So can my office in Canada submit I129 to start the processing of l1 visa.Thanks in advance

[JoeF]

6 hours ago, nitz said:

Hi Joe,

I am working for software company in Canada (head office) having offices in US. So can my office in Canada submit I129 to start the processing of l1 visa.Thanks in advance

If you have worked there for at least a year in the last 3 years, sure. The US Branch would have to file it.