Neelam

I have a few questions about the L-1 Visa. I want to set up a small business (I mean very SMALL...) in the USA, which will involve importing goods from Europe and Asia (China/Pakistan/India). I am thinking of ways to do this, as I ultimatley want a Green Card. I am thinking of doing one of two things:

1. Set up a business in the USA using a B-1 (which I already have) and hiring an American to run it for a year, whilst I can concentrate on exporting the goods to the USA from the UK and other countries. After a year of doing this, I apply to transfer myself using the L-1 Visa.

OR

2. Set up a UK business and run it for a year BEFORE setting up the USA business and applying for the L-1 Visa



I am thinking that option 1 would be better, because ill be hiring an American Citizen straightout and there is already an established USA business running before I make the application for the transfer visa for myself. Both these factors will probably make it slightly easier in regards to visa approval. My question is, if I go for option 1, will the fact that the profits/cashflow of the business as a whole will be from the USA affect me getting the Visa?

I will be in the UK whilst my USA business generates the cashflow, (operated by by the American Citizen). My operations in the UK will not be generating any profits, but mostly will be settling import/export invoices here using cashflow from the USA side.

Thanks in advance!!

PS: The E Visa is not suitable for me. I dont have that kinda cash!!

Ray

Do you have an existing business in the in the UK or wherever with about a dozen employees ... to enable a transfer ....a requirement of the L-1A

Neelam

Thanks for the reply. You need a dozen employees to qualify for the L-1 Visa?? See, i am a bit confused with this L-1 Visa thing, because I read in an American Immigration book (written by an American attorney) that L-1 Visa was specially formulated for new business start - ups and then i read somewhere else that its for already established enterprises or businesses. I have never read anywhere that you need a specific amount of employees to qualify for it. As you have probably gathered by now, I am not a huge enterprise, I am just a single 25 year old girl who wants to start up in business in the USA. I have been meaning to do so for the last four-five years. I have no business anywhere right now.

I have a SSN which i obtained whilst I held a J1 Visa in the past, I have a B1/B2 Visa (becuase of me frequently travelling there and always getting "special treatment" from those wonderful immigration folks whenever i travelled under VWP) and I have a valid California State ID cad. I am so tempted to just get out there and do my thing, but preferably the legal way. I dont want to tarnish my good enough reputation with USA immigration officals. They have just started to like me.

Ray

The L-1A is called the:
L-1A Visa Intra-company transferees made the the likes of huge corporations to move their senior staff around the world

Google is your friend ...

J. J. Farrell

On May 6, 2:28 am, Neelam <[email protected]> wrote:
> > Do you have an existing business in the in the UK or wherever with
> > about a dozen employees ... to enable a transfer ....a requirement of
> > the L-1A
>
> Thanks for the reply. You need a dozen employees to qualify for the L-1
> Visa?? See, i am a bit confused with this L-1 Visa thing, because I
> read in an American Immigration book (written by an American attorney)
> that L-1 Visa was specially formulated for new business start - ups

If you've read it correctly, I'd return that book and get your money
back.

> and
> then i read somewhere else that its for already established enterprises
> or businesses.

Yep.

> I have never read anywhere that you need a specific
> amount of employees to qualify for it.

You just read it in Ray's message, surely?

> As you have probably gathered by
> now, I am not a huge enterprise, I am just a single 25 year old girl who
> wants to start up in business in the USA. I have been meaning to do so
> for the last four-five years. I have no business anywhere right now.

L-1 is for corporations to transfer senior or specialist staff to
temporary assignments in USA offices. I don't know if "dozen
employees" is written into law or regulations, but you need to
understand that the implementation of these laws and regulations
depends on the practices of the USCIS based around the laws, not on
precise wording of the law itself. In general USCIS interpret what
they think the law is about and implement it. At least "a dozen
employees" is one of the measures the USCIS use to decide if the non-
USA company is genuine. A dozen or above (preferably thousands) and
they'll accept it's a genuine company; less than that and they'll need
some extra convinving.

L-1 is sometimes given for people to transfer from a non-USA company
to set up a branch in the USA. It's sometimes given for transfer from
very small companies, if the USCIS can be convinced that the
application is genuinly about setting up a USA branch of an existing
company rather than an individual who fancies moving to the USA.

Getting an L-1 when there isn't an existing company outside the USA
should be impossible - it's clearly not what L-1 is about. Getting one
where the non-USA company is very small and there's no pre-existing
USA office is conceivable, but the USCIS would need some convincing
and you'd need a lot of luck.

> I have a SSN which i obtained whilst I held a J1 Visa in the past, I
> have a B1/B2 Visa (becuase of me frequently travelling there and
> always getting "special treatment" from those wonderful immigration
> folks whenever i travelled under VWP) and I have a valid California
> State ID cad. I am so tempted to just get out there and do my
> thing, but preferably the legal way. I dont want to tarnish my good
> enough reputation with USA immigration officals. They have just
> started to like me.

As well as tarnishing your good name, you would make yourself liable
to arrest, detention, deportation, and a life-time ban from re-
entering the USA.

Ray

There is no actual figure of number of employee's ..that woud be too easy
but from experience they are very cautious with the numbers ..

Following the running out of H visas this year already.. there will a massive influx of L applications as in previous years ..They may even up the ante to reduce the number of application ..
One man bands have no chance...every window cleaner in Europe would be applying for a californian branch ..

Bob

apart from not having a significant business, you also have to have been working there for at least a year.

as I mentioned before in that other thread, being small isn't against the rules, but it'll be far more scrutinised because of the abuse of the visa than an application from say IBM or Ford etc.

Neelam

Thanks everyone for the great responses. You have provided some food for thought. If i do go down this route, of course i will hire a good lawyer and proceed with caution. I genuinely do want to start a business there, not just merely move to the USA.