exportboss

Hi there

I am looking to open a US branch of my UK business in the States this year. I will not be running this business myself, but have 2 members of staff I would like to send over to set up and run the business for me. One has been working for me for nearly five years, and the other is only just starting. Can anyone advise me on the best visa route to go down? I understand there is a company transfer visa (L1 I think), but the new employee would not yet qualify until employed for a full year? Is there such thing as a bridging visa until he completes the full year employment, or can I apply for example for the H1 visa?
Also, would them being shareholders, and therefore investors in the business have any bearing on the situation?
All advice welcome, I will be taking advice from an immigration lawyer also, but just wanted to get a feel for things first!
Thanks

emartin

The L-1 status may work for the 5-year employee if s/he will be working as a manager or using "specialized knowledge" in the US position. The newer employee may be able to get E-2, Treaty Investor, status. If the US business is owned by British nationals, and the employee is British, s/he might qualify for E-2 status if s/he is coming to the US as a manager or "essential skills" employee. The older employee might qualify for this also, but L-1 status is usually easier to get.

H-1B status might applky if you can wait until 10/1/10 for the employee to start, and if the position requires a 4-year bachelor's degree is a specialized field and the employee has that degree or equivalent in education and/or experience. See this list of categories: http://martinvisalaw.com/nonimmigrant_visas.html