This article discusses can L1 visa holder work at client location? In limited circumstances, yes, it is possible for an L1 visa holder to work at client location.
In general, you are only permitted to work at the locations listed on your L1 petition. If you need to move to a new location, your employer likely needs to file an amended petition. However, here we discuss under what circumstances an L1 visa holder can work at client location.
To learn more, visit L1 visa requirements, eligibility and application process. For Canadian citizens, visit L1 visa for Canadians.
L1 visa holder work at client location
In the early 2000s, there were concerns that companies were bringing L1 visa holders (L1 transferees) to replace US workers. This was especially true in cases where US companies where providing labor for hire to unaffiliated third-parties. The L1 workers were being placed with unaffiliated third-party companies, essentially acting as temporary hires.
In response to these concerns, Congress passed the L1 Visa Reform Act of 2004. This act prevented companies from using the specialized knowledge category (L1B visa) to bring in workers and station them at unaffiliated companies if:
- The L1 visa holder will be primarily controlled and supervised by the unaffiliated employer, or
- The placement of the L1 visa holder is essentially a way to provide labor for hire to the unaffiliated company, rather than a genuine transfer in connection with the provision of a product or service for which knowledge or expertise specific to the petitioning company is necessary.
When placing the L1 worker at an unaffiliated company, the company applying for the L1 visa (the petitioner) must prove that the L1 worker meets these requirements.
Supervision and control
In these cases, the petitioner must show they will supervise and control the L1 visa holder. To prove this, they need to demonstrate a business relationship with the unaffiliated company that goes beyond just providing workers. This means they should be providing products or services, not just filling a staffing need.
While the unaffiliated company can give the worker daily tasks, the overall control and supervision should remain with the petitioning company.
To demonstrate control over the L1 worker, the petitioning company should consider these factors:
- The petitioner decides how the work gets done
- The petitioner is responsible for rewarding or disciplining the worker for their performance.
- The petitioner pays the worker’s salary and provides any benefits they are entitled to
The main challenge when placing an L1B worker at an unaffiliated worksite is to avoid the labor for hire restriction. To overcome this, you need to show the worker will be using the specialized knowledge that originally qualified them for the L1B visa while working at the off-site location.
You can explain why the worker must remain primarily under the control of the petitioning US company. You can do this by showing the assignment requires the worker to use their specialized knowledge to create or deliver work that is unique to the US petitioning company. However, other explanations may suffice.
Showing that an L1 visa holder can work at client location is a complex matter. The US Citizenship and Immigration Services (USCIS) has issued Requests for Evidence (RFEs) on this very topic in the past, highlighting the need for careful documentation.
Malescu Law can assist
To strengthen your case and successfully place an L1 visa holder at client location, it is highly advisable to consult with an experienced L1 visa lawyer.
Our experienced immigration lawyers are available to assist you. Contact us now or schedule a consultation.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Legal Notice: The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.
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