I am on OPT, and I was not selected in this year’s H1B lottery. My employer suggested transferring me to their office in Canada, having me work there for a year, and then bringing me back on L-1. Is this a realistic option?

Answer

There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one year; and (3) the U.S. company must have an executive, managerial, or specialized knowledge position available for the individual in the U.S. Assuming all these requirements are met, yes, this may be a good option.

Note that the L-1 process tends to be significantly more complex than the H1B process. If possible, it would be best to map out a strategy with an experienced immigration attorney, even before the transfer to the foreign entity. (03.May.2023)

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