stantonrsv

Hello everybody!

We run a small business in the UK and we need to open a US branch (we've been looking at the L1-A visa). The USCIS website says a company has to be viable to qualify, no minimum investment is needed but you do need a property to trade from all of which is fine but we couldn't find any details on the following so:

1. Does the company have to be a particular size to qualify (e.g. People, capitalisation, revenue, profit etc)
2. Does the company need to have been trading for a certain number of years?
3. Any other restrictions?

Thanks everyone we appreciate your help!

Matt

Flabound oneday

presume you are talking about the Uk company ?

1. no but you will have to prove financial stability, that there are sufficient staff to allow the business to continue functioning whilst the visa holder is abroad etc. a solid business with a good business plan and a good lawyer would be a very good start.
2 to qualify for an L1 the person must have worked for the UK company for a minimum of 1 year in the past 3, so the easy answer would be at least 1 year.

3. you will need to show the person who the visa is applicable to is functioning as a manager in the Uk and will do so in the US. you get a years grace to get things set up but by renewal time have to show growth and employment

its being said now that the renewal is much harder to get than the initial visa therefore a very good mid term (first 1-4 years) strategy is vital...a few months planning could solve a lot of heartache. definitely worth involving a laywer early to make sure things are set in place correctly

Hotscot

Do you really need to have someone come over or could hiring someone here be enough.
And do you actually need physical premises or just someone to represent you?
(That's what I do for several European companies.)

S Folinsky

The regulations can be found on line in 8 CFR Part 214. You may want to search for the term "new office" in the regulation.

I know that regulatory terms are somewhat vague -- but that puts in added flexibility.

This is the type of application where legal consultation might be in order. There is more than "just filling out the forms" on this one.

Good luck.

scrubbedexpat099

Give us a clue, roughly the answers to those questions.

ian-mstm

What sort of small business?


Do you actually "need to open a US branch", or is it just something that'd be nice so you could move to the US?

Ian

S Folinsky

I'd rather not. OP asks good questions, but they just cause more questions to be asked. It may be that the L-1 is not the way to go.