Fluffylilly

Hi all, We are looking to relocate ourselves and our business to the USA in 2012.
Our business is already established in the USA out of the UK and so we would be hiving of the American portion and setting up an LLC, keeping the British bit but also running it out of America; now, it strikes me that it might be an idea to establish the US business right now, become employed by that thus making the visa application more straightforward...
Am I barking?
Is there another way that anyone knows?
ALSO is this likely to make gaining Credit easier? We will likely need to supplement our property financing with a mortgage...
ANY advice would be most welcome!

ian-mstm

Establishing the US business is fairly easy, but you can't actually work for the business until you have the visa in your hands. It's the visa that gives you permission to work in the US. Research the L-1A visa... I think that's what you're after.

Ian

Fluffylilly

MMMM, obvious really! I guess we apply for the work visa initially; I took a look at a related page and it appears I qualify as a Treaty Trader and so will likely be applying under 'E1'...my management team also qualify for E Visas so thank you - whilst your guidance was a little offside it did lead me in the right direction !

TimFountain

I must be missing something, you say :-
"Our business is already established in the USA out of the UK and so we would be hiving of the American portion and setting up an LLC, keeping the British bit but also running it out of America; now, it strikes me that it might be an idea to establish the US business right now...."

I'm confused is the business established in the US or not?

Awesome Welles

Respectfully, his guidance isn't a little off-side (unless you've outlined your current business position badly).
Why on earth would you go for a shitty, highly restricted E1, if you qualify for a flexible and developable L1?

I ask, because I have had both and have a good grasp of why one is so much more attractive than the other.

Fluffylilly

Well - maybe if the Visas had names like 'Shitty E Visas' things might be a little clearer. To me, knowing our circumstances, this fits the bill a little better than the awe-inspiring L type.
Thankfully we have the time to research fully into both - original responder! Sorry of I offended you! wasn't my intentions.

Fluffylilly

The devil is on the word 'established' ...

We HAVE established business in the USA...We HAVE NOT established THE Business (Company) in the USA. Hope that helps?

Fluffylilly

Because - on the face of it, the E Visa seems to suit our needs - the L does also but not quite so clearly. Early days yet - the opposite may prove to be the case yet!

scrubbedexpat099

How many employees do you have in the UK?

JAJ

Suit your needs? Are you happy to return to the UK in due course? (you don't normally get a green card that way ... not impossible, but relatively few E1/E2 visa holders manage to get one).

Awesome Welles

What does an E1 give you that an L1 doesn't?

If your circumstances make an L1 feasible, why would you opt for a restrictive and undevelopable E1 instead?

Personally, I couldn't really give a stuff either way, just curious, having personal experience of running a business under both.

scrubbedexpat099

I can think of at least two advantages of an E.

It all depends.

Fluffylilly

Erm - are we talking Visas here?

Awesome Welles

I'm all ears........

Fluffylilly

Only 6 full time plus part-time and consultants; we would be taking me (MD/Designer) Hubby (FD) Jo, our Accounts Manager and Paul our Marketing Manager. this being our management team.

All have roles that only they could undertake and we would look to employ locally for the rest!