PinkRibbon

Would 50% be enough? It's a good point and one I hadnt considered....So, perhaps my husband works for the JV company for one year (is this possible within the confines of the VWP?) before applying for the L1A to satisfy the requirements to work in it for a continuous year (thats if 50% ownership isn't enough?)?

One idea we had discussed was that my husband works over there for a year to get a feel for whether it's going to be a success and what our typical income will be (the downside of being self emplyed and no salary on offer!) whilst building a credit rating to make it a bit smoother for the rest of us coming over.

Boiler, worry not, I am usually miles behind but I have a head start on this story as it's my own . There is an Ops manager who has some shares who would run the UK side and I will look to take on the custmer service and some account management.

Pulaski

No, I believe it would need to be at least 51%, and quite possibly more, or at least 51% of the voting equity, but that is something that you definitely need legal advice on. IANAL
No, that isn't possible - "working" means he needs a visa, full stop. (See all the previous discussion above.) He can do limited "start-up" tasks on the VWP, but after a few months in the US, and perhaps as few as three visits, he may well expect awkward questions at the immigration desk and get tolf to get a visa before he comes back again.
I think you're getting confused now. The percentage of ownership/ control is a separate question from the time of ownership, and both criteria must be met (for the duration of the L-1A visa). If the investment in the US is structured as part of/ owned by the company you and your husband own then the "12 of the last 36 months" criteria is met, but it also must be "owned/ controlled" so the 51% (or whatever greater percentage, per legal advice) is an absolute.

If you don't own/ control it then you're heading off into the murky area of H-1B visas that Boiler alluded to above. H-1B's are in short supply (rationed by lottery) and even if your husband got lucky in the April 2020 lottery the earliest he could start work would be October 2020.

It is also worth expanding on another point that Boiler alluded to - the UK operation must also continue operating for the duration of the L-1A visa, and it must do so on a semi-autonomous basis - in other words it cannot be managed by your husband (if he has the L-1A) on a day-to-day basis.
That's fine, but it doesn't alter the fact that he'll need a visa - hence my advice for the L-1A above.

MidAtlantic

I really think that the OP is at a point where immigration/legal advice needs to be taken to determine a clear (?) path forward.

Pulaski

I am inclined to agree, but she still has some elementary misconceptions about the process that if she clears up now will make the legal consultation easier and more productive.

PinkRibbon

Oh yes I did get in a muddle! I'm glad you raised the ownership issue, this has been flagged with the attorneys ( ) who are helping to set the JV up and then we are in process of instructing an immigration attorney too.

I am misusing "working" - I suppose to me anything to do with the company is work but for the purposes of the VWP it is meetings . I will be horrified if we land stateside for our summer holiday to be turned due to too many visits!!

When my husband gets back from his most recent trip I hope we will know our position better and I will feedback here!

scrubbedexpat099

You can abuse your VWP, usually it seems you get a warning before they say that's it.

Pulaski

And it appears that often the warning sounds a lot more serious than it actually is. The immigration officer can make notes in their system and in your passport that you are not to be admitted on the VWP again/ any time soon, but often they don't. Whereas people report being given a stern verbal warning, but without any notes in their passport, so the warning is just a bark, not a bite …. it's probably fair advice to heed it though. …. Though not if it is verbal advice to get a B-1/B-2, as those are rather hard to get if you are VWP eligible.

scrubbedexpat099

Agree and to answer the next question there is no way of knowing what would happen if you are warned and make another trip.

PinkRibbon

Noorah101

You can't live in the USA on a B visa, no.

Rene

Pulaski

There's some very interesting questions in there, some outside my experience, but straight off the bat, a spouse on a B visa cannot work, nor on an H-4 (trailing spouse visa for an H-1B), nor for that matter an O-3 (trailing spouse visa for an O-1). A spouse on an L-2 can work.

scrubbedexpat099

No derivatives I believe, wife and children could of course seek to visit.

Not saying it is not appropriate but does not do what I thought they were looking for.

Pulaski

It's not clear if the lawyers are advising on the best possible options under the circumstances, or what is easiest for them.

It is also not clear what the ownership structure of the LLC is - it is beginning to sound like the US customer will own (most of) or control the US LLC whereas at first sound like the US LLC was an expansion/ offshoot of the UK business. The difference (US owned/controlled) dramatically reduces the desirability of the visa options.

scrubbedexpat099

Agree, L is out and H1B would be 2020 maybe so a B1 in lieu of H1B with a generic comment about an O1 as a possible long term option..

Hotscot

Which state is being considered?
LLC rules can be quirky.