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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95068
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi. I am Canadian and working in the US under H1B status. Since

Customer Question

Hi. I am Canadian and working in the US under H1B status. Since my wife is not able to work as an H4 dependent, her employer has agreed to sponsor her for an L1B visa so she can keep her job and work for their US office (she has specialized knowledge that would be very difficult for her company to lose). She has been working for this company for the last 2 years and has specialized knowledge of the company's product that she helped develop.

My first question is - how will the fact that she is obviously moving to the US to stay with her family and not because there was a company need for her to be physically located in the US affect her eligibility for the L1B?

My second question is - the US office is not located in the city where I am working. However, she does all of her work from home. Does it matter that the city she will be living in and working from is far from where the US office is actually located?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


So she has worked for the same company outside of the U.S. for at least 1 year out of the last 3 years and they want to transfer her to the U.S. branch of the same company, but you are just afraid that they will not be able to prove a need for it?
Customer: replied 1 year ago.

Yes she has worked for the company for at least 1 year out of the last 3 years.


 


And yes, I am worried about proving the need for her to be in the US. She can perform the job from anywhere since she works from home.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, I believe I have good news for you. Take a look at this official link:



http://www.state.gov/documents/organization/87229.pdf




As you can see, there is no requirement that the petitioner must prove that they have a need. You can also look on page 12 where at most, the employer would have to prove that persons of specialized knowledge are not readily available in the U.S. So I think she should be fine.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!





Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.

That does sound like good news. Thank you.


 


But I still just want to clarify. My original worry came from reading sample L1B interview questions. So, for example, if my wife were asked: "Why do you need to travel to the US?" or "Why can't that work be done from your home country?" - will the honest answer that she is moving to the US to keep our family together be satisfactory?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
They aren't really interested in that. If she can honestly say that her company feels that it would be more efficient to have her working in the U.S., that should be enough. Please let me know if you have additional questions and please do not forget to rate my service to you as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95068
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

OK. Thank you very much for your help! It gives us some peace of mind as we go ahead with this process.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You are very welcome. Good luck to you!

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