wallywally

Hello, I and a UK citizen/resident who owns and runs a small UK software compnay that does about 80% of it's buisness with companies in Caifornia. We have just opened a local office in California.

From the little research I have done so far it seems that I could apply for an L1 to allow me to live in California to setup the office and then apply for a green card to stay if the office grows and employs US residents.

I am also assuming that we will create a US LLC or corporation over the next 1-2 years.

Does this route get me a green card or did I miss understand something?

Thanks

Gross50

Yes, you could qualify for L1A, which makes it easy to get the GC

Jonathan McNeil Wong

Gross50 wrote:
    >>Hello, I and a UK citizen/resident who owns and runs a small UK
    >>software compnay that does about 80% of it's buisness with companies
    >>in Caifornia. We have just opened a local office in California.
    >>From the little research I have done so far it seems that I could
    >>apply for an L1 to allow me to live in California to setup the office
    >>and then apply for a green card to stay if the office grows and
    >>employs US residents.
    >>I am also assuming that we will create a US LLC or corporation over
    >>the next 1-2 years.
    >>Does this route get me a green card or did I miss understand
    >>something?
    >>Thanks
    >
    >
    > Yes, you could qualify for L1A, which makes it easy to get the GC
    >

You will, however need a U.S. employer; I think it will be hard
(notwithstanding at least one favorable administrative ruling that is
getting pretty old now) if you are just a proprietorship because then
there is an issue about whether a job opening really exists.

I would recommend creating a California corporate entity for the local
office.

The "new office" L-1A works for only a year; after that you have to meet
the regular L-1 requirements. Of course if you meet the regular L-1A
requirements, you will mostly likely meet the requirements for permanent
residence through the priority worker (first preference) category.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
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