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This is the only site where I found that for an L1 visa, the qualifying year abroad, you don't have to have been a DIRECT employee of the abroad organization:
"The alien can be directly employed by the qualifying organization, or paid through an agency or personal service company, or even on a freelance basis, as long as the qualifying organization had management and control over the worker during the qualifying year."
Let me explain my situation. I worked for "Multinational Corp" in the Netherlands for almost 5 years, until a year ago. I worked for the IT department on a 40 hour/week basis (full time). However, I was and still am working via "Consultants Inc.". Now, "Multinational Corp" has offered me a job in the US. However, they claim that they cannot apply a L1(B), because I was not a direct employee in the Netherlands.
I quoted this site, and they are now investigating. I hope it will come out positive, but chances are slim. The other info I found was that you have to prove you are "de facto" employed by the qualifying company.
Can you please share your experience if you applied for an L1 visa under similar circumstances? How were you able to proof you were a de facto employee? How can I convince "Multinational Corp" that you don't need to be a direct employee. Thanks very much.
"The alien can be directly employed by the qualifying organization, or paid through an agency or personal service company, or even on a freelance basis, as long as the qualifying organization had management and control over the worker during the qualifying year."
Let me explain my situation. I worked for "Multinational Corp" in the Netherlands for almost 5 years, until a year ago. I worked for the IT department on a 40 hour/week basis (full time). However, I was and still am working via "Consultants Inc.". Now, "Multinational Corp" has offered me a job in the US. However, they claim that they cannot apply a L1(B), because I was not a direct employee in the Netherlands.
I quoted this site, and they are now investigating. I hope it will come out positive, but chances are slim. The other info I found was that you have to prove you are "de facto" employed by the qualifying company.
Can you please share your experience if you applied for an L1 visa under similar circumstances? How were you able to proof you were a de facto employee? How can I convince "Multinational Corp" that you don't need to be a direct employee. Thanks very much.
