uscurious

I own a small (turnover around £300k average) UK limited company of which I am the only shareholder, director and employee, and I have been told that I can use this to obtain an L1A visa for myself by opening a US subsidiary, which can then relatively easily lead to a green card in time. I am curious as to whether any one else on here has done this successfully.

My company is a design and installation business and has been trading since 1999. Basically, I design schemes, buy materials and subcontract installations to independent contractors. I am the only director registered at companies house and have also been formally employed by the company throughout, getting a monthly PAYE payslip for my salary and then receiving most of my earnings as dividends which is a common tax efficient way of running a small business. The company is genuine, established, and has lots of local authority and other public sector clients all in the UK, never having operated outside the UK so far.

I am interested in moving to the US. Apparantly, all I need to do is buy an LLC off the shelf in the US, set this up as a subsidiary to my UK company which is an admin thing, open US bank accounts for the LLC and myself, arrange to be 'transferred' to this LLC to develop US business, get a US office address etc, and I can then apply for an L1A to go the the US to develop business. I have obvously been employed by the UK parent for several years before applying, and I have been told there would be no requirement to invest any funds in the US subsidiary nor employ any US workers or indeed anyone other than myself, this being helped by the fact that it is a design/consultancy type business based on personal knowledge/skill. I have been told that after a year in the US under the L1A, it is likely that I can convert this to a green card quite quickly as this is an under-utilised quota category, and the government would not care how much business the US subsidiary had done in the first year so long as both it and the UK parent were still in existence and the the UK parent had some ongoing turnover (which would be possible). Anyone know if this is correct/anyone done this as I would effectively be employing myself!?

Ray

Not a chance in hell ...

With that scenario every window cleaner would be eligible ..

Folinskyinla

Hi:

Who will be running the company in the UK? You don't say. Also, you mention you have not had employees in the past. You don't give your plans to change this.

There is a seed of a plan here. I have nothing against DIY, but I believe that a professional consultation is in order -- and not just with an immigration attorney.

Good luck.

chicagojlo

Just to let you know that the green card category you are talking about, EB1-C is not necessarily under-utilised, it just has first priority whenever they decide they are going to issue some new green cards. So there is less of a wait because you are first in line.

uscurious

Thanks, my business is seasonal so I can conduct business in the UK during short visits back to the Uk of a month or so at a time (OK under this program?) and to a certain extent remotely from the US. I would look to employ US workers as the business developed in the US but would not be able to do this initailly at the time I was applying. Also, I may employ someone in the UK to conduct buniness there but not initially. You mentioned consultations other than with an immigration attorney, who did you mean?

Bob

As Ray said, no chance as it stands, you've got to have people employed and keep the company running...the L1 was originally for the likes of Ford etc to transfer people, sure small companies use it, but one shop outfits get pretty scrutinised out of London...

uscurious

Thanks, how do you know when they are going to decide to do this, is there a published calender or is it as and when they feel like it?

Bob

someone who knows business and accounts...tax situation will be a lot of fun...

chicagojlo

Not got to that stage of my stay yet so I'm not sure, but I believe it is as and when they feel like it. There is a lot of information on wikipedia about green cards and visas that is helpful for this stuff.

uscurious

thanks will check, good luck with yours!

meauxna

Just a 'reader beware'.. a lot of the immigration stuff that I have looked at on wikipedia isn't all that reliable.

Welcome to the internet, I guess.

chicagojlo

I know, but there are usually links to the right places if nothing else. I find the USCIS site impossible to navigate.

meauxna

lol, too true.. the trick to navigating the USCIS site is to know what all the page articles were called before they re-did the site.
Then it's very easy to search for them.

chicagojlo

Hence wikipedia!

Folinskyinla

Hi:

Accountants for starters. Also, business arrangements may need business lawyers or solicitors in cooperation with the immigration lawyer.