tom34

Greetings,

I own a small and newly started company in London UK, I would like to move to the US on L1 visa in 1-2 years if possible, could someone give me some advice on eligibility for both company and applicant, especially:


If there's requirement for the scale of business, turnover, assets, no. of employees etc, and what documents do successful applicant and the company provide? and the expense including everything (1 applicant - myself who is also managing director).



My background:

I started my own company (as managing director) early this year - at this moment it is still a bit small, hiring just one other person to assist me in business. (He will become my business partner later when he learns the ropes.)

I am single (having no dependent) and look forward to expanding the business to the US after my business partner becomes capable of managing the business in the UK.

I am 30 years old, having a master's degree in finance and worked briefly in the industry, but my company is about trade.




Thanks a million in advance.

ian-mstm

It's certainly possible! The UK company must continue to operate and be viable... and not just on paper!

Ian

tom34

Hi Ian,

Thanks for being the first one to reply!

UK is the base for European market in my business where I am also getting a new business partner trained, so I will certainly continue here even after life and company start in US.

What I am wondering is how I can qualify as I asked in my original post - I have been reading some of the old threads about L1, some people said they had a turnover of several million pa for application... Is that true?

JCraigFong

There is no "requirement" for a particular size of business nor for a minimum number of employees, but your business should be operating, there should be turnover -- although there's no particular figure that's a "magic" number.

Having said that, if your business is a shoe-string operation, a family operation, or some very bare-bones enterprise, you're going to have trouble explaining to USCIS that the business will continue to operate successfully (or at least marginally) after the executive employee is transferred to the USA. This includes, by the way, internet businesses. Yes, I know that "the future is the internet," but USCIS does not truly see it that way -- at least, not until you're the size of eBay or Amazon.

You will need clearly to explain your business and the business model that drives it. How it makes money, how it will continue to do so, why there's a need for a US office, what the executive will do there, hiring plans (in the UK and the US) going forward. Again, if you can't do this to the satisfaction of USCIS, you're not getting your visa.

Documentation: the UK company will have to show that it is FULLY qualified to do business in the UK -- corporation law, business taxes, sale or resale licenses, permits, EVERYthing. The US company must demonstrate the same -- or at least as much as can be accomplished now, with one of the first tasks of the executive being to complete the licensing and permitting requirements.


Your background is relevant, but not crucial. If you're relatively young, then yes, your background become more important. What it demonstrates is your viability as a manager or executive; it may also take the place of one thing that USCIS often looks at -- experience.

Best of luck,

--J Craig Fong

tom34

Hi Craig,

Thanks for your detailed explanation, may I ask the average turnover of your client? What you think most important in application?

Besides, must I have a US company registered and get it running before applying for L1 visa?


Many thanks again,
Tom

Flabound oneday

we have just been through all this.it is worth getting a lawyer on board early to advise re shareholdings, invetsment etc.

ours was a bit of a minefield due to misunderstandings and the different laws etc.

sorted in the end but these were 2 key points

JCraigFong

Tom, you're focusing too much on the number, so no, I won't give you the average number. No, I take that back: I'll give you the turn over of two companies which I have recently handled. Company A moves only ONE UNIT monthly -- if that. That one unit, however, is a Rolls or a Bentley, so the monthly gross sale exceeds $200,000. Company B sells about one thousand units monthly: CDs of Japanese popular music. So, the monthly gross is about $20,000.

The average is $110,000. Does that help? Of course not.

The average is meaningless here. If you provide your attorney with an idea of your business, your business model, and make some conservative projections about revenue for each month of the first 3 years, your attorney should be able to look at it and tell you if you're in the ball park or not.

If part of the executive's duty--when first coming to the USA-- is to CREATE the new entity, then no, not everything needs to be done right away. Again, talk to your attorney about what you can get away with.

-- J Craig Fong
Los Angeles, CA