VISa options for the US -

Old May 31st 2012, 12:18 am
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Default Re: VISa options for the US -

Originally Posted by Treggers
Thank you again for the replies.

The above is correct, I would be leaving my current company to establish this new venture in the US. The company does not exist in the US yet.

I also do not have 12 years experience in my field, or a bachelors degree (I have a PhD from the School of Life, which I don't recommend).
Hmmm. You might be able to use the phd to count as credit towards the amount of years experience needed.

Get the lawyer dude. Only they could really advice on this matter. It is possible to count higher educational history into the equation, but I know not how this works.

Out of curiosity, how many years experience do you have in the actual field required of the role?
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Old May 31st 2012, 12:20 am
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Default Re: VISa options for the US -

I just want to be clear as well that I have no idea if an H-1B is at all viable in this situation. It was just an idea, but the fact that you will be setting up the US branch of the company (rather than taking a job in an existing branch) might make it a non-starter. Certainly, a quick search of our forums show that people attempting to open a US branch of a company tend to be doing it on an L visa.

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Old May 31st 2012, 12:25 am
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Default Re: VISa options for the US -

Originally Posted by Treggers
I have an option to set up a business over there, as a subsidiary of an already established UK business.

Any help would be greatly appreciated.
Hi Ben,

Who proposed this option to you? In my layman's opinion, the best thing for you to do is to go to the employer and ask THEM which visa they plan to petition you for. The company should have an immigration attorney they use for such purposes, and that attorney will talk to you and figure out which visa you qualify for. Figuring out the visa is not legwork that YOU should do. The company that wants to hire you will do it.

Rene
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Old May 31st 2012, 12:31 am
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Default Re: VISa options for the US -

Originally Posted by Noorah101
Hi Ben,

Who proposed this option to you? In my layman's opinion, the best thing for you to do is to go to the employer and ask THEM which visa they plan to petition you for. The company should have an immigration attorney they use for such purposes, and that attorney will talk to you and figure out which visa you qualify for. Figuring out the visa is not legwork that YOU should do. The company that wants to hire you will do it.

Rene
Thanks Norah.

Well, hire is not really the correct term, I would be a director and partner. I would have 1/3 of the equity in the business, with the other directors retaining the remaining 2/3's.

It is a project we are working on together, and none of us have looked into VISA / immigration to the US before, so we are all in the same boat. It's early days for the project, and we will, nearer the time, engage with an immigration lawyer, but for now we just to know if it is even feasible.

Thanks for the reply.
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Old May 31st 2012, 12:34 am
  #20  
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Default Re: VISa options for the US -

Originally Posted by Treggers
Thanks Norah.

Well, hire is not really the correct term, I would be a director and partner. I would have 1/3 of the equity in the business, with the other directors retaining the remaining 2/3's.

It is a project we are working on together, and none of us have looked into VISA / immigration to the US before, so we are all in the same boat. It's early days for the project, and we will, nearer the time, engage with an immigration lawyer, but for now we just to know if it is even feasible.

Thanks for the reply.
Thanks for clarifying. I suggest that the time is actually now, to speak to an immigration lawyer, to see if it's even feasible. A consultation might run about $200, and then you'll know for sure if it's feasible, and which visa(s) fit your needs. Then you can proceed.

Have a look at the article in the Wiki called "Pulaski's Ways..." That lists all the avaible visas to the USA.

Rene
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Old May 31st 2012, 9:35 am
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Default Re: VISa options for the US -

Originally Posted by Treggers
Do you know if this is an absolute pre-requisite?
For an H-1B visa, you must either have a Bachelor's degree or 12 years of progressive experience, or some acceptable combination of university/experience. Further, the job itself must require a Bachelor's degree... so it's not just you that needs to qualify - the job also needs to qualify.

If you aren't eligible for an H-1B visa, and you aren't eligible for an L-1A visa because you don't have 1 year with the UK employer... then you probably won't be moving to the US. This is not to say that it's impossible... only improbable.

Here's the link to Pulaski. There are only so many visa types... and if you are not eligible for any of them, this simply isn't going to happen. C'est la vie!

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Old May 31st 2012, 10:05 am
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Default Re: VISa options for the US -

Originally Posted by Treggers
Well, hire is not really the correct term, I would be a director and partner. I would have 1/3 of the equity in the business, with the other directors retaining the remaining 2/3's.
I really have no idea if it's even the right direction, but this comment made me wonder if you could be in E-2 territory?
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Old May 31st 2012, 10:07 am
  #23  
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Default Re: VISa options for the US -

Originally Posted by Treggers
I have an option to set up a business over there, as a subsidiary of an already established UK business. As far as I can see, the only option I have for this is an L1 intra company transfer.
Or E2 manager.
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