Transferring to US office
Discussion
parabolica said:
I.e. moving to America and signing a US contract so that you are just like any other US national working there; this is instead of remaining on a UK* contract on expat secondment which entitles you to UK employment protection (which is significantly better than US). As far as I'm aware, there is no statute law in the US that employers need to provide relocation assistance to those on local contract, regardless of visa status; I stand to be corrected though.
*In some cases companies will use an International entity for employing expat staff, so maybe UK protection wouldn't be applied depending on company policy.
I think the point is being missed. Regardless of how the petitioning employer feels about the concept of paying for the repatriation of an employment visa (E1/2, L-1A/B, H-1B and in most cases O-1) beneficiary they have terminated, they are required by USCIS to do so. It isn't a voluntary/discretionary matter. The employer is legally bound by the requirement. *In some cases companies will use an International entity for employing expat staff, so maybe UK protection wouldn't be applied depending on company policy.
Matt Harper said:
I think the point is being missed. Regardless of how the petitioning employer feels about the concept of paying for the repatriation of an employment visa (E1/2, L-1A/B, H-1B and in most cases O-1) beneficiary they have terminated, they are required by USCIS to do so. It isn't a voluntary/discretionary matter. The employer is legally bound by the requirement.
I just want to make sure that I am reading this correctly. If I am terminated for any reason whilst on an L1 visa, the employer is responsible for repatriating me and my family?The jiffle king said:
I just want to make sure that I am reading this correctly. If I am terminated for any reason whilst on an L1 visa, the employer is responsible for repatriating me and my family?
Correct - not your possessions - but you and your L2 family members - definitely yes.The jiffle king said:
Matt Harper said:
Correct - not your possessions - but you and your L2 family members - definitely yes.
Thankyou, that is interesting given what I've just been discussing with a team member. Many Thanks for the clarificationparabolica said:
Matt Harper said:
In the case of any employment based visa, the petitioner is obligated to repatriate the beneficiary if the petitioner terminates the employment, regardless of reason.
What is being transferred on a local contract? Whatever it is, if it involves work in the US, there will be a visa requirement and as such, a petitioner, who must pay to send an ex-employee home (assuming they fire the employee).
I.e. moving to America and signing a US contract so that you are just like any other US national working there; this is instead of remaining on a UK* contract on expat secondment which entitles you to UK employment protection (which is significantly better than US). As far as I'm aware, there is no statute law in the US that employers need to provide relocation assistance to those on local contract, regardless of visa status; I stand to be corrected though.What is being transferred on a local contract? Whatever it is, if it involves work in the US, there will be a visa requirement and as such, a petitioner, who must pay to send an ex-employee home (assuming they fire the employee).
*In some cases companies will use an International entity for employing expat staff, so maybe UK protection wouldn't be applied depending on company policy.
As alluded to, a key thing to negotiate for is tax equalisation service for the years you move out and back. My company had PWC do that at several grand each time. Believe me, HR Block will not have a clue about reciprocal international tax treaties. For what it's worth a chap called David Treitel at American Tax Returns in London just did my 2016 NR return and was both knowledgeable and a lot cheaper than PWC!
There's lots more that we can advise, let us know if you get closer to making the decision.
As noted, you will me in a much stronger negotiating position if the,company are asking you to move, much weaker if it's your request.
In addition to the stuff mentioned above, my previous lot, in the event of a long term move, recognised that your stuff eg electrical kit, couldn't work, different voltage, different systems, so you got an allowance.
Also if your wife works in UK they provided help with that, either to get a job or in the event couldn't find suitable work then a proportion of UK salary.
Also if your wife works in UK they provided help with that, either to get a job or in the event couldn't find suitable work then a proportion of UK salary.
Matt Harper said:
I think the point is being missed. Regardless of how the petitioning employer feels about the concept of paying for the repatriation of an employment visa (E1/2, L-1A/B, H-1B and in most cases O-1) beneficiary they have terminated, they are required by USCIS to do so. It isn't a voluntary/discretionary matter. The employer is legally bound by the requirement.
I assume the legislation must have changed since I last had the joy of dealing with US visas, as back then (about 5 ish years ago) only the H1-B and O-1 visas had the employer requirement for cost of repatriating the employee. Given the amount of change in the US over the last 5 years, I would not be surprised if this requirement had been extended to all non-immigrant work visas.Edit to add: I'll have the relevant (old but hopefully updated) links somewhere, I'll see if I can find them - no doubt the new ones will show the termination-repatriation clause are now in the L-1 category as well.
Edited by anonymous-user on Monday 17th April 18:42
But aren't their 2 points?
Cost of repatriation = people
Overall liabilities could be outstanding rental, car, furniture, cell phone, etc... which will be down to a contractual agreement.
OP, also don't forget that when you go to the US you will have no credit record and it will take a few months to build one. There are hints and tips for accelerating these and you bank might help, but generally it takes a while.
Cost of repatriation = people
Overall liabilities could be outstanding rental, car, furniture, cell phone, etc... which will be down to a contractual agreement.
OP, also don't forget that when you go to the US you will have no credit record and it will take a few months to build one. There are hints and tips for accelerating these and you bank might help, but generally it takes a while.
wsurfa said:
I assume the legislation must have changed since I last had the joy of dealing with US visas, as back then (about 5 ish years ago) only the H1-B and O-1 visas had the employer requirement for cost of repatriating the employee. Given the amount of change in the US over the last 5 years, I would not be surprised if this requirement had been extended to all non-immigrant work visas.
Edit to add: I'll have the relevant (old but hopefully updated) links somewhere, I'll see if I can find them - no doubt the new ones will show the termination-repatriation clause are now in the L-1 category as well.
It applies to any and all employment-based visas that require a petitioner who is not also the beneficiary. i.e. if you petition an employment based visa for an employee, you are responsible for the cost of their repatriation, if you terminate them for any reason - including a failed renewal petition or simply that their I-94 has timed-out.Edit to add: I'll have the relevant (old but hopefully updated) links somewhere, I'll see if I can find them - no doubt the new ones will show the termination-repatriation clause are now in the L-1 category as well.
Edited by wsurfa on Monday 17th April 18:42
hyphen said:
Jefferson Steelflex said:
Whereabouts in US?
+1Is it somewhere nice/near somewhere nice?
Also don't US employees get a lot less holidays compared to Europe?
Matt Harper said:
wsurfa said:
I assume the legislation must have changed since I last had the joy of dealing with US visas, as back then (about 5 ish years ago) only the H1-B and O-1 visas had the employer requirement for cost of repatriating the employee. Given the amount of change in the US over the last 5 years, I would not be surprised if this requirement had been extended to all non-immigrant work visas.
Edit to add: I'll have the relevant (old but hopefully updated) links somewhere, I'll see if I can find them - no doubt the new ones will show the termination-repatriation clause are now in the L-1 category as well.
It applies to any and all employment-based visas that require a petitioner who is not also the beneficiary. i.e. if you petition an employment based visa for an employee, you are responsible for the cost of their repatriation, if you terminate them for any reason - including a failed renewal petition or simply that their I-94 has timed-out.Edit to add: I'll have the relevant (old but hopefully updated) links somewhere, I'll see if I can find them - no doubt the new ones will show the termination-repatriation clause are now in the L-1 category as well.
Edited by anonymous-user on Monday 17th April 18:42
Anyhow, as per a previous point the legal requirement for an individual cost of return to home is minor in the international assignment cost profile. Mid level assignments regularly cost $300-$500k per year, an estimate for higher level was $500-750k/year.
A mid level IA plan will have the following type of stuff in it - so you need to understand if they are treating this as an assignment, or an internal transfer(personal or corporate drive), or possibly an extended business trip
If you want to get an idea of the local purchasing power vs your home location then https://www.numbeo.com/cost-of-living/comparison.j... is a reasonable guesstimate to start with
Vaud said:
FiF said:
Also if your wife works in UK they provided help with that, either to get a job or in the event couldn't find suitable work then a proportion of UK salary.
That is quite generous!Another help, assuming you owned your own home, there was a guiding principle that at some point you would want to return to your home country, in fact there was an element of that written into the contract. Considering different housing markets in different countries it was recognised that homeowners would very likely wish to keep ownership of their residence in the home country and you were not expected to have to support the cost of two homes, therefore allowances were made to take this into account. In practice what this meant was that you would get help to rent your house while you were away, practically this often meant renting your house out to another employee who had come in from Europe, Americas or Pacific Rim. Point is you aren't risking renting to the idiots on the general rental market.
Polarbert said:
Jefferson Steelflex said:
Whereabouts in US?
Firstly I'd be asking for a pre-assignment trip to see if you actually like it. Not a week in a hotel, but a longer period staying in an apartment or similar so you have to look after yourself. Parts of USA are lovely, others not so (It really is 50 different countries rolled into 1) and you may find, as I did, that you just couldn't live there once you have scratched the surface. I was looking at moving to Houston, got all excited about the new adventure, then lived there for 6 weeks while on assignment and found the politics, guns, healthcare and certain other issues drove me nuts.
I spent 5 weeks in San Diego last year and I absolutely could live there.
Sweet! I live in San Diego, quite a nice place to live.Firstly I'd be asking for a pre-assignment trip to see if you actually like it. Not a week in a hotel, but a longer period staying in an apartment or similar so you have to look after yourself. Parts of USA are lovely, others not so (It really is 50 different countries rolled into 1) and you may find, as I did, that you just couldn't live there once you have scratched the surface. I was looking at moving to Houston, got all excited about the new adventure, then lived there for 6 weeks while on assignment and found the politics, guns, healthcare and certain other issues drove me nuts.
I spent 5 weeks in San Diego last year and I absolutely could live there.
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