L1 - previous employer, left recently

[phillipviana]

Hi,

Based on the L1 rule that says that "the alien must have been employed abroad by the qualifying foreign employer for one continuous year within the three years immediately preceding his/her admission into the U.S.", I have a doubt that may sound a bit stupid, but I couldn't find an answer to it anywhere.

Does that mean that I have the right to apply for an L1 visa if I worked for the company in another country continuously for 2 years, for example, and left 6 months ago? That is, if I'm not employed anymore by the company, but I have worked for the company for at least one continuous year in the recent past, and got a job offer from the company branch/HQ in the US, is it still valid to apply?

I know it sounds strange, but I couldn't find any text that explicitly says that I have to be currently employed by the company in order to apply, and the statement about the length of employment is at least ambiguous.

Thanks.

[raghvi]

Hi,

Based on the L1 rule that says that "the alien must have been employed abroad by the qualifying foreign employer for one continuous year within the three years immediately preceding his/her admission into the U.S.", I have a doubt that may sound a bit stupid, but I couldn't find an answer to it anywhere.

Does that mean that I have the right to apply for an L1 visa if I worked for the company in another country continuously for 2 years, for example, and left 6 months ago? That is, if I'm not employed anymore by the company, but I have worked for the company for at least one continuous year in the recent past, and got a job offer from the company branch/HQ in the US, is it still valid to apply?

I know it sounds strange, but I couldn't find any text that explicitly says that I have to be currently employed by the company in order to apply, and the statement about the length of employment is at least ambiguous.

Thanks.

Well you are right, there is no requirement for one to be working currently. Unlike H1 which is more skill based, the basis of L1 is that one is well versed with the Company Proprietary Methodologies/products/procedures, which can be got only by working with the company.

But do also remember, that 1 Year in last 3 Years is just one of the basic requirements, off late USCIS has been more strict on the "specialized skills" assessment .

This is my opinion not legal advice.

[phillipviana]

Well you are right, there is no requirement for one to be working currently. Unlike H1 which is more skill based, the basis of L1 is that one is well versed with the Company Proprietary Methodologies/products/procedures, which can be got only by working with the company.

But do also remember, that 1 Year in last 3 Years is just one of the basic requirements, off late USCIS has been more strict on the "specialized skills" assessment .

This is my opinion not legal advice.

Thanks, that makes sense now.

My job is in the IT industry, I have a degree in Computer Engineering. I am pursuing an L1 transfer in a Fortune 500 company. I believe the rest shouldn't be a problem in my case, right?

[raghvi]

Can't say. Am sure the company would be taking help of experienced attorneys to do your paperwork.

[phillipviana]

Can't say. Am sure the company would be taking help of experienced attorneys to do your paperwork.

Cool, thanks

I asked some other people and they said it can't be done. I'd have to be re-hired in my home country (at least temporarily, while the paperwork is done) before applying.

[raghvi]

As far as I know its not a USCIS requirement to be currently working for the L1 employer. A good lawyer would be able to petition with 1 Year in last 3 Year eligibility.


To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).



This is my opinion not legal advice.

[phillipviana]

As far as I know its not a USCIS requirement to be currently working for the L1 employer. A good lawyer would be able to petition with 1 Year in last 3 Year eligibility.


To qualify, the named employee must also:

Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).



This is my opinion not legal advice.

Awesome! Thank you so much. :-)

[vpg]

Hi

my case is also same. My previous employer is sponsoring my L1B visa. As far as I know, it's possible.

there's a recent post in this forum where someone got l1 after a 6 months break from previous employer.