411

Last year I prepared my L1 application myself. I did not send it off as I carried out additional spending so that the application could be structured for an EB5 based on location and staffing of the US business.

Anyway this week I had Frago law firm look at it and they said my application was more suited for L1.

However they said I made an error in that the petitioner should be the the US company and not my UK company.

In addition he also stated that my US company could not be a sole proprietor. I had registered a DBA a couple of years ago.

Finally he stated that as the DBA had been registered for over 1 year I would get an automatic 3year L1A.

I am certain that the UK company can petition and the US company can be a Sole Proprietor but maybe he just has not come across it. Does anyone know if there is any truth to the recommendation I have been given. There was also no mention of the fact that I was slim on staffing in the UK company which was my main concern and main reason of thinking EB5 would be best way forward.

RICH

I have no experience, but from reading here over the years, I'd say the the Lawyers are more right, unless there is some obscure provision. UK company petitioning does not compute, in my eyes.

411

Thank you for Rich. So far I am looking at the USCIS website and the template used for RFE, page 3 and page 4 show that a sole proprietor is permitted as an L1 here

Still researching what I followed to have put the UK firm as the petitioner it maybe as a new office it is permitted. Just not sure where I got the info from. However given that a Sole Proprietor is definitely permitted I dont feel too uncomfortable switching it round.

Thanks again.