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L1-A to Green Card as company owner

L1-A to Green Card as company owner

Old Feb 4th 2023, 8:58 pm
  #1  
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Default L1-A to Green Card as company owner

Hello,

I tried searching for this before posting, but since I own my company and can make all the decisions on behalf of it, I wasn't able to find the same scenario in other threads.

I am a founder and owner of restaurant chain in the UK. I would like to move (with my wife and child) to the US and open a restaurant there, with aim of later franchising.

My UK business would stay open and will still be owned by me (and run by managers).

From my understanding, I would need to open the branch of my company in the US, and then I could move there as director on L1-A visa?

Can you please help me with the following:

1. Since finding a restaurant location can take months and then contract signing/renovation can take even more, would it be an issue if company isn't trading after a year?

2. Would it be an issue that I am owner of the company and that I am basically opening new brach to move myself as first employee to the US?

3. What would be the fastest way to obtain green card after coming to the UK? Since office opening and my arrival, how quickly could I switch to EB1C and then to Green Card?

4. Is there a minimum investment company should make by the time I get to the Green Card?

5. What would be the path to my wife and child?

6. Do you think that there is a better (safer/faster) way for me than L1A / EB1C / Green Card route?

7. EDIT (added later): is there any chance I could register my company in the US and then apply straight for EB1C instead of L1A first?

Honestly speaking, I do wish to move permanently to the US and I do want to run business there. However, I had bad experience in the UK when I tried rushing things and when I thought that I understand the market before I really did. I had to close my first ever restaurant and I lost almost all of my money. Luckily, my second attempt was better, but I am now aware that this process takes time. I do not wish to rush things in the US and I might want to go on a safe side (lower rent and investment) until I am sure that my products fit the market. That is the main reason why I am a bit concerned wether my US branch would be taken seriously over time. Also, I would prefer to have Green Card prior to making bigger investments (by that time I would also know the market more), because the worst thing that can happen is that I invest all my energy there and then have no way of staying in the US.

Thank you!

Last edited by MarkCa; Feb 4th 2023 at 9:29 pm. Reason: added one more point
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Old Feb 5th 2023, 2:32 am
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Default Re: L1-A to Green Card as company owner

With all these questions, you need a serious consultation with a specialist attorney. Google AILA to research options.
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Old Feb 5th 2023, 9:39 am
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Default Re: L1-A to Green Card as company owner

Thanks for your answer!

Are there at least some points that some could advise on?

Thanks
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Old Feb 5th 2023, 10:42 am
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Default Re: L1-A to Green Card as company owner

I am a retired immigration attorney. Due to my inactive status with the bar, I am not allowed to give any legal advice. But I can recommend that you obtain legal advice. Do note that you may need to retain legal counsel for the immigration and business to coordinate and work together.
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Old Feb 5th 2023, 5:28 pm
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Default Re: L1-A to Green Card as company owner

A few thoughts/comments:

-- L1 is either (i) for existing company transfer or (ii) to setup a new office. You will be the latter.
-- L1 for new office is a one year visa
-- to get an L1 to set up a new office, you must have already secured "sufficient physical premises" and have signed a lease to this effect. This may be tricky to do remotely, especially as it'll need to be a sizable space for a restaurant.
-- to get an L1 to set up a new office, you will need to submit a very detailed business plan including financial projections and hiring personnel plan
-- well within your one year, the company must be doing business, and able to prove it can support you and other employees, or else you will not be eligible for an L1 renewal, which you'd need to apply for after approx. 8 months in US.
-- L1A to EB1C Green Card is straightforward, but in this scenario, you'd need to have renewed your L1 new office visa, into t a proper one, and be able to prove the business is already in full swing and you are hiring appropriate numbers of staff and the business is a viable entity.

In summary, this is not going to be easy, and it will be financially very risky IMO. You definitely need legal advice before considering this path.
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Old Feb 5th 2023, 5:32 pm
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Default Re: L1-A to Green Card as company owner

If YOU get an L-1 then your wife and child will be eligible for an L-2, based on your visa.
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Old Feb 5th 2023, 6:32 pm
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Default Re: L1-A to Green Card as company owner

Originally Posted by MarkCa
Thanks for your answer!

Are there at least some points that some could advise on?

Thanks
LT1’s answer is not bad. That said, I noted at least one business possibility and concomitant visa processing that was not mentioned. You ask a lot of good questions, but a lot of factors may enter into the balance of the desirable equation and strategy.

Yes, legal advice is in order.
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