6 December 2018

Managing Partner and Head of US Practice Anastasia Tonello spoke to Bloomberg Law regarding a new provision of the L-1 visa category. The category is designed to enable companies to transfer executives, managers, or employees with specialised knowledge.

The new provision will impact companies with employees who have been in the US for part of their qualifying one year of employment with the overseas company. This is the case even if the employee has been paid by the overseas company and has reported directly to the overseas company while spending time in the US, and even impacts employees who have spent time on holiday in the US during the qualifying period.

Anastasia notes the negative effect this new provision will have on companies looking to transfer highly skilled employees to the US, as well as knock-on negative ramifications for US businesses. She also highlights this change in policy as yet another move by US Citizenship and Immigration Services to “close off any discretion”.

Read the full article here.