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British National, New LLC, which Visa?

British National, New LLC, which Visa?

Old Jun 7th 2015, 4:57 pm
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Default British National, New LLC, which Visa?

I am having trouble identifying the correct information and course of action.

I am looking to expand my UK business by adding a US LLC.
My wife (who works in the business) and I, will not require to live in the USA year round, just to be able to come and go as future work projects require.

Having explored the LLC and the market requirement, naturally the visa is a critical issue, but this is still something I have yet to find a definitive answer to in relation to my business which works in the music industry.

1) The E2:
I always hear the $200,000 amount brought up, that kind of investment is not an option for me into the new LLC.

2) The E1:
Between the UK company and the new LLC, the plan is to bring US trade to Europe and European trade to the US and I have proven track record with this, but to what level is the requirement for an E1 visa?

3) Would a third possible option be for an American national to open the LLC or at least be a joint share holder in the LLC and that application for a relevant sponsored visa is made based on that?

This LLC route is an option open to me, as I have several American nationals wishing to invest in the expansion.

Could the P2 work here?

4) An O1?

5) A P2 Visa from an another US company wishing to work with me.

Are there any other options visa wise?

We just need to be able to travel without having to apply for a set term (such as a specific P1/P2 for a tour for one artist as I have had in the past.)

Thank you in advance.
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Old Jun 7th 2015, 5:16 pm
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Default Re: British National, New LLC, which Visa?

Might need more details. What type of business, what will you be doing, why do you need an llc? If it's just attending meetings maybe you can manage on a vwp/b1.
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Old Jun 7th 2015, 5:26 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by sir_eccles
Might need more details. What type of business, what will you be doing, why do you need an llc? If it's just attending meetings maybe you can manage on a vwp/b1.
Thank you for your reply.

We would be bringing music acts from the UK and Europe to the US for promo and tour work.

We would also look to take US bands to the UK and Europe via the existing UK business (or perhaps via the LLC, whichever was more appropriate.)

We will offer a complete package of services to the bands from US based companies that we would employ as third party suppliers / contractors to cover multiple roles (transport, visas, merchandise, travel, promotion, crew, venue booking, management etc etc)

My business is based on over 30 years experience and as I mentioned, we would not be looking to reside in the USA year round.
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Old Jun 7th 2015, 5:41 pm
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Default Re: British National, New LLC, which Visa?

So you'd just be traveling in to meet bands or would you be doing day to day management? There may not be a visa that fits, alternatively you might not need one. Not wanting to live here is the weird bit.

I don't know. You may be best consulting with an experienced immigration attorney.
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Old Jun 7th 2015, 5:48 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by sir_eccles
So you'd just be traveling in to meet bands or would you be doing day to day management? There may not be a visa that fits, alternatively you might not need one. Not wanting to live here is the weird bit.

I don't know. You may be best consulting with an experienced immigration attorney.
Thanks again for the reply.

It would be day to day management of their projects in the US and Europe.

We can't live there full time (at this time) due to family ties in the UK and we also represent bands who we work with in the UK and Europe.

If the US business dictated all our time should be in the US, we would not rule it out.
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Old Jun 7th 2015, 5:57 pm
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Default Re: British National, New LLC, which Visa?

My gut says that is more than allowed on vwp/b1 and you would need a visa of some sort.
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Old Jun 7th 2015, 6:01 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by AtomicUK
I am having trouble identifying the correct information and course of action.

I am looking to expand my UK business by adding a US LLC.
Good.

You know what you want to do and you are starting to research how to do it.

Your immediate course of action should be to consult an experienced US immigration attorney. Your situation is sufficiently complicated that there is no simple, obvious answer. You will get a variety of suggestions here (some good, some not so good) but what you *need* is good sound legal advice that is specific to your exact situation and you are only going to get that by consulting an attorney.
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Old Jun 7th 2015, 7:14 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by md95065
Good.

You know what you want to do and you are starting to research how to do it.

Your immediate course of action should be to consult an experienced US immigration attorney. Your situation is sufficiently complicated that there is no simple, obvious answer. You will get a variety of suggestions here (some good, some not so good) but what you *need* is good sound legal advice that is specific to your exact situation and you are only going to get that by consulting an attorney.
Thank you for your reply.

I am in contact with a highly experienced US immigration attorney that deals with music and who I have had visas from in the past, but naturally replies come only when he has time as this isn't a formal application.

I also like to always explore every option and speak to many people as I realise this is perhaps out side of the normal remit and I like to understand things myself.

thank you once again.
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Old Jun 7th 2015, 7:59 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by AtomicUK
I am in contact with a highly experienced US immigration attorney that deals with music and who I have had visas from in the past, but naturally replies come only when he has time as this isn't a formal application.
I would have expected that an attorney with whom you had an existing relationship would be willing to have a consultation with you regarding your plans. I'm not sure if you are saying that he is simply too busy to talk to you at all or that you are unwilling to pay him for a consultation. Either way, some combination of money and/or a different attorney should solve the problem.

I'm really not trying to be flippant or dismissive of your desire to educate yourself about the options that are open to you but you appear to have already done as much as you can do in that area and now you need real professional advice on what visa might be appropriate and how best to structure your business activities in the US.
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Old Jun 7th 2015, 8:08 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by md95065
I would have expected that an attorney with whom you had an existing relationship would be willing to have a consultation with you regarding your plans. I'm not sure if you are saying that he is simply too busy to talk to you at all or that you are unwilling to pay him for a consultation. Either way, some combination of money and/or a different attorney should solve the problem.
That hasn't been discussed at this stage, I have plenty of business to give him so it helps us both in the long term.

I had hoped to meet with him while with a band in the States last month but time conspired against me.

I am sure I will hear in the next few days, but I was just gathering additional opinions in the interim.

Thanks again.
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Old Jun 7th 2015, 9:26 pm
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Default Re: British National, New LLC, which Visa?

British National, New LLC, which Visa? - Work Visas - VisaJourney

Op's thread on VJ, some questions answered there and vice versa.

I assume you are a British Citizen, nationals are something else.
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Old Jun 7th 2015, 9:33 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by Boiler
British National, New LLC, which Visa? - Work Visas - VisaJourney

Op's thread on VJ, some questions answered there and vice versa.

I assume you are a British Citizen, nationals are something else.
Thank you for the link, I will take a look. **The thread is in fact my own**

Yes, apologies, British national, born and raised and a life long citizen.
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Old Jun 7th 2015, 9:53 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by AtomicUK
Yes, apologies, British citizen.
FIFY. Not all nationals are citizens... and there's a difference.

Ian
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Old Jun 7th 2015, 9:54 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by ian-mstm
FIFY. Not all nationals are citizens... and there's a difference.

Ian
Noted, thank you.
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Old Jun 7th 2015, 10:36 pm
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Default Re: British National, New LLC, which Visa?

Originally Posted by Boiler
British National, New LLC, which Visa? - Work Visas - VisaJourney

Op's thread on VJ, some questions answered there and vice versa.
Originally Posted by AtomicUK
Thank you for the link, I will take a look. **The thread is in fact my own**
Yes, that is what Boiler said.

Rene
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