Questions on the L1 Visa

[uthankran]

I work for a company that has entities in the US and Canada. I work for the US division already but I work remote from Canada. Most of my team is in the US. Would I still qualify for the L1B visa since technically I’m not required to be in the US. Also would I need to move to a state where my company has offices? Would they have to justify why i need to be in US since I’ve been doing the job fine from Canada for some years now? Any info would be appreciated.

[LeahaTaul]

Navigating the intricacies of the L1B visa can be a complex process, and it's essential to consult with an immigration attorney for personalized advice. However, I can offer some general insights to help guide you:

1. Qualification for L1B Visa: The L1B visa is typically for intra-company transferees who possess specialized knowledge related to the company's products, services, or processes. Since you work remotely from Canada for the US division, you might still qualify if you meet the specialized knowledge criteria, even if you're not physically present in the US.
2. Location Requirements: While L1B visas often involve working at the company's US office, remote work from a different country can sometimes be accommodated. The key is to demonstrate that your role requires specialized knowledge that is unique to the US operations, and this knowledge cannot be easily replaced by someone else in the US.
3. Justification: Your employer may need to provide a clear justification for why your presence in the US is necessary, especially if you've been successfully performing your duties remotely from Canada. This could include explaining how your specialized knowledge contributes to the US division's success or why it's essential for collaboration with your US-based team.
4. Company Offices: While it's common for L1B visa holders to work at a physical US office, it's not always a strict requirement. If your company has a US presence and can demonstrate a legitimate business need for your role in the US, this can support your case.
5. Legal Counsel: It's highly advisable to consult with an immigration attorney who specializes in L1 visas. They can assess your specific situation, review your qualifications, and provide guidance on the best approach to pursue the visa.

Remember that US immigration laws and visa regulations can change, and individual circumstances can vary. Working closely with an immigration attorney will ensure that you receive the most up-to-date and tailored advice for your case.