Is outsourcing to an American company same as employment

[arbj]

Hi,

I am interested in applying for the L1 visa, to manufacture & sell some industrial products. We already manufacture these products in India, we sell to Indian and foreign companies. I am thinking of manufacturing these products in the USA (either complete product or part of it) by outsourcing to an American company. We will be setting up an office there for co-ordinating the production etc. The products are small and does not require intensive manufacturing.

In this scenario do I still have to employ an American citizen ?? Is outsourcing considered the same as manufacturing??

thanks

nm

[JoeF]

For an L1 the US company would have to be owned by the foreign company. Simply having a contract with another company to manufacture things is not enough.

[arbj]

22 hours ago, JoeF said:

For an L1 the US company would have to be owned by the foreign company. Simply having a contract with another company to manufacture things is not enough.

Yes we will open an office in USA. This will be owned by the foreign company. The US office will outsource jobs to other companies in the US. The foreign company will be sending a representative to manage the sales and to oversee the manufacturing.

So in this case do we still have to employ American staff??

Edited April 30, 2020 by arbj

[Attorney_15]

A company in the United States is required to verify the employment authorization of the people who are also physically in the United States providing the company with services or labor. US immigration law generally considers the engagement of people physically in the US to perform services or labor that are remunerated to be employees who must have authorization to provide such services or labor to the recipient. 

 

You may want to consult with an attorney for specific legal advice. You can schedule an appointment with Murthy Law Firm at https://www.murthy.com/consultations/.