There was a time when employee transfers under US Visa was smooth, but with the present Trump Administration the situation has deteriorated for L-1 Visa (Intra-Company Transfer). The Govt. is aiming to impose new wage obligations on L-1 employers and revamp the specialized knowledge category with new amendments. And, this has become an alarming phase for all the professionals who are wishing to work in US under the L-1 Visa. Currently, this visa pathway is the only source for the Indian tech companies to transfer their employees to US and now they may undergo strict regime of application procedure.
360-Degree analysis of the L-1 Visa strict norms
An L-1A visa is granted to the senior managers while the L-1B visa is issued to those professionals who have specialized knowledge in the company products and deliverable. Intra-company transfers to US were made possible with this pathway and with the new legislation and amendments the company transfers might hit a speed break.
The official statement released by the trump administration denotes that imposing new wage obligations on the L-1 employers who will think twice before transferring one of its employees to US. For the L-1B visa, the govt, will make the necessary amendments to scrutinize the ‘special knowledge’ professionals in order to obtain the best and brightest foreign nationals.
As per the recent statistics, it is noted as there is a significant decline in the approval rate of L-1 Visas:
- By the end of 2015 – Total 33,454 L-1 visas were approved with a success rate of 84%.
- By the end of 2019 – Visa issuance Substantially declined to 72% with only 29,335 approvals.
If not US, what are the alternate ways to Intra-company transfer?
The answer is simple and straightforward, you may apply for Canada Intra-Company Transfer Visa or Australia Intra-Company where visa norms are must simpler as compared to US. Primary requirement would be, your organization must have a branch office in Canada or Australia with demand for highly skilled foreign worker in the parent company.
With the stringent rules and regulations in US, the aspiring candidates can apply for Canada or Australia of transfer visas with minimal requirements, faster processing and more benefits. Below are the details about the transfer Visa:
Canada Intra-company Transfer Visa – The visa is granted for those employees whose company has a branch in Canada or wishes to setup a branch and nominates them to work in Canada. Under this pathway, the applicants can apply for Canada work permit without the approval of Labour Market Impact Assessment (LMIA), making the process faster and simpler. Below are the requirements:
- Must be employed by a parent company that has a subsidiary, a branch, or an affiliate in Canada
- Employed by the parent company minimum one year in the last three-year period in the same profile;
- To be transferred to a position in one of the three categories: Executive, Senior manager, or Worker with specialized knowledge;
- Company must possess the financial ability to commence business in Canada and compensate employees.
Australia Intra-company Transfer Visa – To transfer the employees to Australian office branch, the employers apply under the Subclass 482 Temporary Skill Shortage visa. The pathway is used to bring the foreign skilled professional from the parent company in a senior position to run the branch. Below the requirements:
- Must be nominated/sponsored by an approved sponsor for the senior position
- Must possess the relevant skills to deliver the responsibilities in Australian branch
- Suffice relevant English language requirements
If stringent L-1 Visa laws in US worries you, then choose the alternate options for better optimum results in transferring to the foreign countries. For more news and information on the US Visa or Intra-Company Transfer application, Connect on with our specialist on 08595338595.