racer26

Hello , new to BritishExpats.com here,

I have found some interesting posts on this forum and have found some knowledge I've been seeking in regards to E1/E2 and L1 visa's. So I thought I'd maybe share my experience so far with my US work visa and where I'm sitting on things. ( I'm Canadian coming to the US from Canada )

Sorry for being long winded but I'll try to include all information.

Currently I am a manager at a large vehicle dealership in Canada, I've been working at the dealership for over 10 years and it's a family owned organization that has been established for around 20+ years. Aprox 80 full-time employee's and 20 employee's in other divisions. Over the last 3 years with the state of the US economy and what has happened with the recession our dealership started looking at purchasing vehicles state side for sale in Canada. At first it was a unit here or there but has since grown into a larger operation. Over the last 2 years the operation has been successful weathering the economic condition's.

So after buying numerous vehicles in the US (150+ in 2 years ) we started exploring the option of opening a branch for our dealership in the US. What we were finding is that alot of units we bought had to be stored/refurbished/transported before they were ready to be brought into Canada. It's a job within it's self gathering these vehicles for transport because we typically buy vehicles from all major cities in the south west side of the country. Also with the contacts i've established exporting the vehicles, I now have Canadian ( alot of snowbirds) and American customers located in the US.

Naturally we thought the L1-A Visa with a new set up was the right route to go, We hired an immigration firm that helped put together a petition for me and we went ahead with the process. I leased a 4000 Sq/ft shop and bought all the necessary equipment needed and I think I more then exceeded the pre requisites for obtaining an L1-A with a new start up. I had lined up 5 employee's to come work in the shop and went to the border for an interview.
The company I had formed in the states was an LLC and the customs officer said that anyone could open an LLC , lease a shop and do what I was doing and advised me that I had to go threw an E investment visa first.
The Immigration firm that I hired said that sometimes this happens and that we should proceed by sending in the L1-A to the service center and have it processed there . They also said my age might have been a factor in the application withdrawal because I am only 27 years old.

Now since because I've been advised by the customs agent himself to go the E visa route. I went that way instead of perusing the L1 any more. I hired a new immigration lawyer and have put into process the application for a E1 Trade Treaty Investor , I've calculated and have documents of over $2Million Dollars of vehicles purchased in the United States and have letters from 15+ Automotive related business's in the United States that want to continue doing business with our organization and have spent around $250,000 in services so far.

Does anyone have any insight for me ? similar situations ? I've just find it extremely frustrating to grow my business which I truly know is beneficial to the United States.

ian-mstm

I don't have anything useful for you, but you need to know that the "customs" guy is NOT, in any way, connected to the people who would actually process your visa. Customs is a branch of CBP - the Customs and Border Protection. Visas are issued by the DoS - the Department of State. One has nothing to do with the other. Further, the US Supreme Court has ruled that you can not rely on, as accurate, any information you receive from a US government employee.

If you hang around long enough, perhaps J will notice this thread and give his $0.02 worth. J is an experienced immigration attorney... and his advice is worth its weight in gold!

Ian

meauxna

But but but.. visas... Canadians...

ian-mstm

Y'know... it took me a long time to figure out that electricity made a complete loop to complete a circuit even though the Romex looked like a single long stretch of wire.

Ian

JCraigFong

Oy!

First, I will echo ian when he tells you that the last person you want to turn to for immigration advice is a border guard. They know a very limited amount, only based on what they expect to see in front of them. However, advising you on how to create, run, and promote your business is not their forté. And they're not great on picking business visas, either.

Next, an L can work. An E can work. A lot depends on:

(a) how much money you or your company want to put into this effort, because an E is going to take a pretty penny,

(b) your previous job title, description, and salary level at the Canadian company and the new US entity, because an L visa requires executive or managerial level work, preferably at the foreign company, and definitely at the US affiliate,

(c) how you see your future ties, if any, with the Canadian dealership,

(d) how the Canadian dealership sees its future ties with you, if any,

(e) whether the intending visaholder -- I guess that's you -- wants eventually to become a US legal permanent resident (= green card holder = landed immigrant = legal immigrant),

(f) how much freedom the visaholder wants from the Canadian entity,

(g) whether any arrangements, agreements, ties, understandings, or other entanglements (legal or inchoate) exist between the Canadian and US entities, including consolidated tax returns.

One of the things you should expect to get with an attorney is a good, long sit-down to talk about all of these things, about processing issues, possible difficulties, etc. There is no one clear answer about whether you're best off with the L or the E -- notwithstanding the fact that there are some who will tell you that an E visa is always bad. (I happen to disagree completely with such shortsightedness.)

From the way things sound, you've tried the L and, because the border guard told you to do so, you're now trying an E. Is that about right?

What I am not clear about is whether the border guard DENIED your L application, or simply said, "go back and do it as an E."

If you're now doing the E, then I'm not sure what more I can tell you except, "good luck with your E." If on the other hand you want to sit and talk about the relative merits of either visa to your situation, then you should call your E attorney -- and your L attorney -- and have a long chat with them about what will work best for you. Follow the one that makes the best sense to you.

In my view, from the very limited view of the facts I have in front of me, you could have qualified for either visa. Your age might have been an issue, but not a huge factor, especially if your prior experience with the Canadian company was fleet procurement and fleet management, because then it would have fit your US job description.

About the attorneys, by the way. Far be it for me to tell you which attorney is best for you, but I note that "I hired a new immigration lawyer and have put into process the application for a E1 Trade Treaty Investor."

I do not know why you hired a new attorney. Perhaps like many people, you decided to punish the prior attorney for not advising you "properly" about the L-1. Well, you mention in your post that "Naturally we thought the L1-A Visa with a new set up was the right route to go, We hired an immigration firm that helped put together a petition for me." On at least one level of analysis, if you ASKED for L paperwork, then THAT is what the attorney gave you.

As I said, I think the L could have worked just as nicely as the E.

Further, because the prior L-1 attorney handled corporate formation documents, job description, etc for you on the L, you might have been able to save a chunk of change by using the same attorney. Instead, you've gone to another attorney, paid full freight for an E, and are now hoping that THAT visa will work for you.

At this point, without knowing about the issues (a) through (g) listed above, I couldn't advise you. It seems to me, however, that you've now thrown your hat with the E, so I certainly wish you good luck with that.

--J Craig Fong

JCraigFong

Oh, and about visas -- in case you were wondering. As others here will tell you, Canadians are visa exempt. That does NOT mean they do not need to meet the requirements for various visas. Rather, they are exempt from the requirement of getting the actual visa foil -- the sticker, if you will -- placed into their passports.

Exceptions: Canadian E, K, S, V visaholders MUST OBTAIN visa foils.

--J