Starting Company in US...

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Old Aug 26th 2010, 7:40 am
  #1  
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Default Starting Company in US...

Hello,
The company I work for is looking to enter the US market, by starting our own American division... (an LLC to begin with).
If everything goes to plan I will be the one to run it - I'll "qualify" for an E2 visa.
Any one out there gone through the same and can offer advice ?
All advice and comments, from any one, will be gratefully received.
Thanks.
Carl.
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Old Aug 26th 2010, 11:07 am
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Default Re: Starting Company in US...

Hi Ceejay, you may want to check in the immigration forum, i'm sure there are lots of other expats that came here the same way you are hoping too

There will be a few on this forum too, they will probably be up and around soon to give you more help than I can. Good luck
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Old Aug 26th 2010, 2:53 pm
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Default Re: Starting Company in US...

I think if you have already worked for the company outside the US for a year, you should look at the L1 instead as this can lead to permanent residency, unlike an E2. It is perfectly feasible to do this yourself if you are prepared to do a lot of research. The main drawback is that the initial visa is only for one year so you have to be fairly certain that you can meet the renewal requirements early on.
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Old Aug 26th 2010, 3:20 pm
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Default Re: Starting Company in US...

Originally Posted by janette
I think if you have already worked for the company outside the US for a year, you should look at the L1 instead
This.

If your company does this in a half-assed way, neither an L1 or an E2 will make it through the first renewal.
L1 has so many and better possibilities for you and your family.
You need to be confident that you trust your employer totally, of course. Your destiny will be in their hands until you achieve LPR status, if that is in your overall plan.
Don't wing this - get a good attorney on the case now.
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Old Aug 26th 2010, 3:33 pm
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Default Re: Starting Company in US...

we have just done this, i do own both the UK and US companies and had a few hiccups, mainly because of slightly different laws. a top attorney is a must.
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Old Aug 26th 2010, 3:51 pm
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Default Re: Starting Company in US...

I have to disagree - I did employ a well known legal company in the UK and their specialist immigration lawyers told me I needed an E2 not an L1. Even after I insisted that my UK company could open a US subsidiary (which I did) they were so slow dealing with everything. I eventually told them I didn't want to proceed with them and complained to their head office. I had all my money returned! I made the initial application myself - a lot of reading and checking information and was given the L1 for one year. I also did the renewal myself - had one RFE asking for stuff they already had - and was given that for another two years. Six months later I applied for green cards for myself and husband and got approval in three months( I did ask for some help from a colleague with this as was unsure exactly what was required). It can be done and I was prepared to take the consequences of my actions - I own the UK and US companies so it was entirely down to me. However, I know it is not that simple for everyone. All I can say is that you need to check everything a lawyer is doing because it is your future he is dealing with. Good luck!
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Old Aug 26th 2010, 4:03 pm
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Default Re: Starting Company in US...

janette kudos to you for your DIY project. I have to say the attroney we used was so thorough we got approval in less than 7 days with no RFE. i was therefore happy with what we paid and the service we got.

maybe you are the exception but my advice would always be use a good attorney.
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Old Aug 26th 2010, 4:18 pm
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Default Re: Starting Company in US...

I have to say that I hadn't intended it as a DIY project! The initial approval took about 3 weeks with no RFE, it was the renewal that got the RFE and that was for information they had already been sent! However, agreeing with the advice seen on this forum, I sent it again anyway! I wasn't suggesting that it is ideal to do it yourself, simply that it was possible. It depends on your personal circumstances - having paid one hopeless lawyer, I was reluctant to risk it again! I'm lucky - it all worked very well for me, I now have my green card less than two and a half years after submitting the original application, but I know it can be more difficult for other people. Maybe I'm just a control freak and don't want to rely on anyone else!
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Old Aug 26th 2010, 5:30 pm
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Default Re: Starting Company in US...

Originally Posted by CeejaySmiff
Hello,
The company I work for is looking to enter the US market, by starting our own American division... (an LLC to begin with).
If everything goes to plan I will be the one to run it - I'll "qualify" for an E2 visa.
Any one out there gone through the same and can offer advice ?
All advice and comments, from any one, will be gratefully received.
Thanks.
Carl.
Hi Carl and welcome to BE.

I see you have already started asking questions in the US Immigration Forum. I'm sure you'll received lots of help from the regulars who post in there.

Good luck and please give me a shout if you need any help.
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Old Aug 26th 2010, 5:41 pm
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Default Re: Starting Company in US...

So... Thanks for all the advise so far...

I think I understand why this has been moved to the immigration area, but that wasnit really what I was posting for... I am interested in hearing peoples overall experiences in the setting up of a US subsiduary... Not just my visa requirements.

The company will be getting legal advice on the whole thing... From registering the company to getting my (& eventually the families) visa's sorted.

Thanks
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Old Aug 26th 2010, 5:46 pm
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Default Re: Starting Company in US...

Originally Posted by CeejaySmiff
So... Thanks for all the advise so far...

I think I understand why this has been moved to the immigration area, but that wasnit really what I was posting for... I am interested in hearing peoples overall experiences in the setting up of a US subsiduary... Not just my visa requirements.

The company will be getting legal advice on the whole thing... From registering the company to getting my (& eventually the families) visa's sorted.

Thanks
It got me confused I can tell you. I answered your post which I could have sworn was in the Welcome Inn...to find that I was in the US Imm. Forum.

Try the Search Function and search the US Imm. Forum to pull up old threads on the subject.
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Old Aug 29th 2010, 7:10 pm
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Default Re: Starting Company in US...

Originally Posted by janette
I have to disagree - I did employ a well known legal company in the UK and their specialist immigration lawyers told me I needed an E2 not an L1. Even after I insisted that my UK company could open a US subsidiary (which I did) they were so slow dealing with everything. I eventually told them I didn't want to proceed with them and complained to their head office. I had all my money returned! I made the initial application myself - a lot of reading and checking information and was given the L1 for one year. I also did the renewal myself - had one RFE asking for stuff they already had - and was given that for another two years. Six months later I applied for green cards for myself and husband and got approval in three months( I did ask for some help from a colleague with this as was unsure exactly what was required). It can be done and I was prepared to take the consequences of my actions - I own the UK and US companies so it was entirely down to me. However, I know it is not that simple for everyone. All I can say is that you need to check everything a lawyer is doing because it is your future he is dealing with. Good luck!
hi janette, i am really interested with your comments with regards to running a uk company and then opened a us subsidary. Does the uk company need to have a certain turnover, before opening you can start a us diversion, as this may well be very helpful for my situation. Your help would very much be appreciated, thanks!!!
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Old Aug 29th 2010, 7:13 pm
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Default Re: Starting Company in US...

Originally Posted by nicky_b
hi janette, i am really interested with your comments with regards to running a uk company and then opened a us subsidary. Does the uk company need to have a certain turnover, before opening you can start a us diversion, as this may well be very helpful for my situation. Your help would very much be appreciated, thanks!!!
Nicky you really should read through all the old E2 threads...your questions have been asked and answered many times already.
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Old Aug 29th 2010, 7:15 pm
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Default Re: Starting Company in US...

US immigration will look at the structure of the company more than its turnover. I have seen people(claiming) to have relatively modest turn overs who have obtained L1.
They tend to look more at number of employees and who will run it while you are in the US
my UK company has 7 direct employees plus numerous self employed and sub contractors and turns over £3m+ pa. and i wasstil sweating !!
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Old Aug 29th 2010, 7:15 pm
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Default Re: Starting Company in US...

Originally Posted by Jerseygirl
Nicky you really should read through all the old E2 threads...your questions have been asked and answered many times already.
isnt she now looking at L1 ?
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