L-1 or other visa - Work from home, no office in the state

Hello,

I am a Canadian citizen planning on relocating to the US. I am not sure yet which visa I will use as several could apply, but I would like to know if I should consider the following at all - if it works it certainly would be the easiest option for me.

My current employer in Canada has its headquarters in the US, but has no presence at all in the state I want to relocate to. Based on preliminary discussions, they might be willing to sponsor me for a visa and let me work from home. Based on my education and experience, I could qualify for either a L-1B, H-1B or TN.

Would there be any issue with using a L-1B for this scenario? From what I have read so far, there is no requirement on work location as long as you are ultimately supervised by the company that sponsors your visa, and I have seen a lawyer specifically write that one could change state and telecommute after having having entered on a L-1B. If there are issues with this, could the H-1B or TN be used instead?

I realize that this is quite specific and perhaps I should get legal advice right away, but I was wondering if anyone on this (very interesting) forum had had similar experiences before...

Thank you in advance,

Ben

It appears you might be okay provided the U.S. employer continues to operate abroad, i.e. maintain Canadian operations, as this is a pre-requisite condition for an L-1.

The L-1 like the TN-1 are both quick and available right at the U.S. port of entry and therefore highly advantageous compared to the H1B which involves a filing and waiting period every April.

However, the L-1 paperwork can be a bit cumbersome depending on the employer/position and can potentially slow you down if you don't solicit legal guidance in the preparation of your application.

Okay, thank you MC!

Funny,

I just posted a very similar topic ... wanting to relocate to the US and work remotely, on paper via the US parent company. The only difference is that I am married to a US citizen who would also be moving back with me. Hope either of us gets some feedback!

My post: L1 Visa Questions