Starting a US business, getting an L1A visa
Jul 24th 2013, 2:59 am
#1
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Joined: Jul 2013
Posts: 1
Starting a US business, getting an L1A visa
Hi all,
A former colleague (US citizen) and I (British citizen) are starting a business together, which we intend to headquarter in the US. I intend to work from the UK initially, but eventually to move to the US headquarters (aiming for summer 2014 or earlier).
I would much prefer to move to the US on an L1A visa than a H1B, both for timing/complexity reasons and as it will allow my partner to work in the US (I am getting married in May 2014).
Additionally, ideally I would spend 3-4 months in the US working on the business before moving there permanently (e.g. autumn 2013).
I think we have two options. I would appreciate advice from the forum on which option would work best.
1) Incorporate UK subsidiary of our US parent. I would be a director of this company. After a year of operation of both companies, my understanding is that I would be eligible for an L1A visa to transfer to the US.
- I will be a major (but still minority) shareholder of the US parent - will this affect the visa?
- I will probably not draw a salary for the first 6 months or so - will this affect the visa? Would it be better for me to draw a nominal salary to ensure I'm treated as an employee?
2) Purchase my previous employer. Both of us previously worked for the same multinational business. We have the opportunity to purchase the subsidiary (Australian) that I worked for most recently (for greater than one year in the last three). I was a senior executive of that subsidiary (I remain a director and shareholder), on a fairly high salary.
- If we purchased that subsidiary, would it then allow me to apply for an L1A visa immediately?
-If this was successful, would I be able to enter the US on the L1A for 2-3 months in late 2013, before going back to the UK for 6 months and then returning to live in the US in mid 2014? Or do you need to stay in the US continuously once you get it?
- If this was successful, would I then be able to add my husband to the visa once we are married? Or do I need to wait to apply for the L1A until after the wedding?
- If we subsequently sold the Australian subsidiary at a later date, would that invalidate my visa?
- Would the Australian subsidiary need to have any employees in Australia to count as an operating company? It would likely have contracts with service providers in Australia (e.g. our book keeper), so wouldn't be completely dormant.
Of course, by mid 2014 there may be a new startup visa available for the US, which would make this all much easier. However we can't rely on that coming through!
Thanks in advance for your help.
A former colleague (US citizen) and I (British citizen) are starting a business together, which we intend to headquarter in the US. I intend to work from the UK initially, but eventually to move to the US headquarters (aiming for summer 2014 or earlier).
I would much prefer to move to the US on an L1A visa than a H1B, both for timing/complexity reasons and as it will allow my partner to work in the US (I am getting married in May 2014).
Additionally, ideally I would spend 3-4 months in the US working on the business before moving there permanently (e.g. autumn 2013).
I think we have two options. I would appreciate advice from the forum on which option would work best.
1) Incorporate UK subsidiary of our US parent. I would be a director of this company. After a year of operation of both companies, my understanding is that I would be eligible for an L1A visa to transfer to the US.
- I will be a major (but still minority) shareholder of the US parent - will this affect the visa?
- I will probably not draw a salary for the first 6 months or so - will this affect the visa? Would it be better for me to draw a nominal salary to ensure I'm treated as an employee?
2) Purchase my previous employer. Both of us previously worked for the same multinational business. We have the opportunity to purchase the subsidiary (Australian) that I worked for most recently (for greater than one year in the last three). I was a senior executive of that subsidiary (I remain a director and shareholder), on a fairly high salary.
- If we purchased that subsidiary, would it then allow me to apply for an L1A visa immediately?
-If this was successful, would I be able to enter the US on the L1A for 2-3 months in late 2013, before going back to the UK for 6 months and then returning to live in the US in mid 2014? Or do you need to stay in the US continuously once you get it?
- If this was successful, would I then be able to add my husband to the visa once we are married? Or do I need to wait to apply for the L1A until after the wedding?
- If we subsequently sold the Australian subsidiary at a later date, would that invalidate my visa?
- Would the Australian subsidiary need to have any employees in Australia to count as an operating company? It would likely have contracts with service providers in Australia (e.g. our book keeper), so wouldn't be completely dormant.
Of course, by mid 2014 there may be a new startup visa available for the US, which would make this all much easier. However we can't rely on that coming through!
Thanks in advance for your help.
Jul 24th 2013, 3:43 am
#2
Account Closed
Joined: Mar 2004
Posts: 2
Re: Starting a US business, getting an L1A visa
My first thought was what do your legal team think of this.
How many Employees will there be in UK, Australia and US when you intend to apply.
How many Employees will there be in UK, Australia and US when you intend to apply.
